DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Election/Restrictions
Claims 1-3, 5-7, 10, 12-14, 16 and 26 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected Species and Group, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 5/29/26.
Applicant's election with traverse of Group II and Species 11 is acknowledged. The traversal is on the grounds that there is no unity of invention. This is not found persuasive because the reference Thiess (US 2005/0144744) meets independent claim 18, and may be used in a reference combination to meet claim 26. Also, independent claim 1 is a broad claim and it is most likely met by prior art. Therefore, there is no special technical feature because each invention does not contribute over the prior art.
The requirement is still deemed proper and is therefore made FINAL.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are:
“securing member” in claim 20, line 2.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 18-25 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 18, last line recites “vice versa” and it is unclear how the claim limitations in the last 3 lines would be modified by vice versa.
The “shaft” and “longitudinal axis” in claim 19 were both claimed twice. It is unclear if they are the same element.
Claim 23, line 3 recites claim language in parentheses. Only element numbers can be in parentheses. Also, the term “optionally” in line 3 makes it unclear if the claim language following it is required or not.
The remaining claims are rejected for depending on claim 18.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 18-25 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Thiess (US 2005/0144744).
As to claim 18, Thiess includes a joint arrangement (Embodiment of Fig. 21A and 21B) comprising a first member (446, 442) and a second member (444, 440) [para 92],
wherein the first member comprises one or more grooves (454),
wherein the second member comprises one or more protrusions (452) configured to be
located within said one or more grooves and to move along said one or more grooves to permit
relative rotation of the first member and the second member about a first axis (A line intersecting 444 at the two points which are 90 degrees distant from each protrusion 452 along the circular surface on top of 444) [Protrusions 452 slide along grooves 454 as one of the first and second member rotate relative to the other; para 92],
wherein the one or more protrusions define a second axis (A line going through each projection 452) perpendicular to the first axis and wherein the first member is configured to rotate about the one or more protrusions for relative rotation of the first member and the second member about the second axis (Protrusions 452 are round, which would make sure the first member pivots relative to the second axis; para 92),
wherein said one or more protrusions and one or more grooves are arranged so that
rotation of the first member about a third axis (The axis sloped relative to the second axis) perpendicular to the first axis is translated to rotation of the second member about a fourth axis (The axis sloped relative to the first axis) perpendicular to the second axis and/or vice versa (Rotating the first or the second member relative to the other to achieve the position of Fig. 21B permits rotation of 440 and 442 about third and fourth axes because each axis of rotation of 440/442 would be sloped relative to the originals).
As to claim 19, wherein the first member is coupled to a shaft (326; para 75) defining a longitudinal axis (A line through and parallel to 442; Fig. 20B) coaxial with said third axis (The third axis can be interpreted an axis coaxial with the longitudinal axis or an axis perpendicular to both the first and second axes); and/or wherein the second member is coupled to a shaft (326; para 75) defining a longitudinal axis (A line through and parallel to 442; Fig. 20B) coaxial with said fourth axis (The fourth axis can be interpreted an axis coaxial with the longitudinal axis or an axis perpendicular to both the first and second axes). The interpretation of each axis is in alignment with the axes shown in Fig. 9A-9B.
As to claim 20, further comprising a securing member (392 or 394) provided to prevent or inhibit disengagement of the first member and the second member (Each of 392 and 394 prevent disconnection of the first and second member).
As to claim 21, wherein one of the first member and second member comprises a spherical or partially spherical member (446 is spherical; Fig. 20B-21B) and the other of the first member and second member is a receiving member comprising a partially spherical inner profile corresponding to an outer profile (surface) of the spherical or partially spherical member (444 is a spherical and hollow; Fig. 20B-21B).
As to claim 22, wherein the one or more protrusions comprise two protrusions (There are two protrusions 452 on opposite sides of 444) provided on opposing sides of the second member (Fig. 21A).
As to claim 23, wherein the or each protrusion is a spherical, partially spherical, cylindrical or partially cylindrical formation (e.g. a spherical ball bearing or a hemisphere) [452 is rounded]; optionally wherein the or each protrusion is a spherical or partially spherical formation comprising a first arc shaped cross section, and wherein the groove comprises a second arc-shaped cross section corresponding to the first arc-shaped cross section (Fig. 21A and para 92).
As to claim 24, wherein the one or more protrusions are integrally formed with the second member (452 is part of 444; Fig. 21A).
As to claim 25, a surface treatment tool comprising a surface treatment head (438, which cleans a surface) and an elongate support member (392 and/or 326) coupled to the surface treatment head by a joint arrangement according to claim 18 (Fig. 20A).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANDREW A. HORTON whose telephone number is (571)270-5039. The examiner can normally be reached Monday - Friday 8:30 AM - 5:00 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Monica S. Carter can be reached at (571) 272-4475. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ANDREW A HORTON/Primary Examiner, Art Unit 3723
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