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
To reiterate, Applicant’s election without traverse of Invention I including claims 1-11, drawn to a connection adjustment mechanism in the reply filed on 10/01/2025 is acknowledged. Claims 12-17 withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a non-elected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 12/1/2025.
Allowable Subject Matter
To reiterate, claims 4-5 remain objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The prior art of record fails to disclose or make obvious the combined limitations of applicants claimed invention. Specifically, for example, Du discloses the connection adjustment mechanism wherein both ends of the operating member abut against the connecting member and the adjustment member respectively (Fig. 21),
when the operating member slides in the first direction, the connecting member moves in a third direction relative to the sliding member (§[0049]),
when the operating member slides in the second direction, the adjustment member moves in a fourth direction relative to the sliding member (§[0049]),
the third direction is opposite to the fourth direction (§[0049]),
the sliding assembly further comprises an elastic member (elastic element, §[0049]), but
the prior art does not teach the combined limitations of the claimed invention, wherein when the operating member slides in the first direction, the connecting member specifically rotates in a third direction relative to the sliding member and when the operating member slides in the second direction, the adjustment member specifically rotates in a fourth direction relative to the sliding member wherein a middle part of the elastic member is fixed on the sliding member, two ends of the elastic member abut against the connecting member and the adjustment member respectively, and the elastic member is configured to drive the connecting member to rotate in the fourth direction and the adjustment member to rotate in the third direction.
Response to Arguments
Applicant's arguments filed 3/30/2026 have been fully considered. Regarding the claim objections, they are obviated in light of the claim amendments and withdrawn. Regarding the argument against the 35 U.S.C. § 102 rejection(s) in light of Du, the argument is not persuasive. Therefore, the rejection is maintained. Specifically, on page 11 of 14 of the Remarks, Applicant unpersuasively argues that Du fails to teach at least "wherein, when the operating member slides or rotates in a first direction, the connecting member is configured to slide or rotate relative to the sliding member, wherein, when the operating member slides or rotates in a second direction opposite to the first direction, the sliding member is configured to slide relative to the sliding tube," as required by claim 1, because:
moving the handle 307 does not allow the frame portion 314 to slide or rotate relative to the handrail fastener 306. Instead, as shown in Figs. 14A-14C, a handle 303 separate from the handle 307 must be pulled in the J direction to rotate the frame portion 314 relative to the
handrail fastener 306. Fig. 13 reproduced below clearly shows the handle 303 being a separate
structure from the handle 307.
The office notes that while handle 303 does allow for pivoting, this feature is not relied upon for any part of the rejection. Further, moving handle 307 allows for the adjustment of the entire handrail assembly 3, of which frame portion 314 is a part of; Therefore the frame portion 314 slides relative the handrail fastener, or more specifically slides with the handrail fastener. This is what is relied upon for the rejection. See Du, §[0051], last sentence.
As the same unpersuasive argument was relied upon by Applicant for the 35 U.S.C. § 103 rejection(s) in light of Du and Georges, that argument is likewise unpersuasive and the 103 rejection maintained.
Please note the drawing objections with regard to newly added claim 18.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the alternative arrangement of newly added claim 18, as detailed in §[0008] of the Specification must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-3, 6-7 and 9-10 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Du (US 2020/0016018 A1).
Regarding claim 1, Du discloses a connection adjustment mechanism (3, Fig. 3 and 15A), comprising:
a sliding tube (upright post 401, Figs. 17-18);
a sliding assembly (Figs. 17-18) comprising:
a sliding member (handrail fastener 306, Figs. 17-18, §[0052]) and
a connecting member (314, Fig. 14),
wherein the sliding member is slidably arranged on the sliding tube (as represented by arrow B in Fig. 18; §[0052]),
the connecting member is movably arranged on the sliding member (as represented by arrow B in Fig. 15B and Fig. 18), and
the connecting member is configured to be detachably cooperated with a seat (Figs. 15A – 15C); and
an operating member movably arranged on the sliding member (upper portion of handle 307, Fig. 17), wherein,
when the operating member slides or rotates in a first direction (as indicated by arrow C, Fig. 18, §[0052]), the connecting member is configured to slide or rotate
when the operating member slides or rotates in a second direction opposite to the first direction (as indicated by arrow C, Fig. 18, §[0052]), the sliding member is configured to slide or rotate
Regarding claim 2, Du discloses the connection adjustment mechanism according to claim 1, wherein the connecting member is pivotally connected to the sliding member (best seen in the pivoting positions illustrated between Fig. 15B and Fig. 15C),
the operating member is slidably arranged on the sliding member (as indicated by arrow B, Fig. 15B) and when the operating member slides in the first direction, the connecting member is configured to rotate
Regarding claim 3, Du discloses the connection adjustment mechanism according to claim 1, wherein the sliding assembly further comprises an adjustment member (lower portion of handle 307 comprising pin 307A, best depicted in Fig. 17),
the adjustment member is pivotally connected to the sliding member (indicated by arrow C Fig. 18),
when the operating member slides in the second direction, the adjustment member is configured to rotate
the adjustment member has an adjustment portion (307A, Figs. 17-18),
the sliding tube is provided with a plurality of positioning portions along an extending direction thereof (401A, Fig. 18), and
the adjustment portion is detachably cooperated with the positioning portions (Fig. 18).
Regarding claim 6, Du discloses the connection adjustment mechanism according to claim3, wherein the positioning portions comprise a plurality of first female connecting portions arranged along the extending direction of the sliding tube (Fig. 18), and
the adjustment portion comprises a first male connecting portion detachably cooperated with the positioning portion (Fig. 18)
Regarding claim 7, Du discloses the connection adjustment mechanism according to claim 3, wherein the positioning portions comprise a plurality of positioning grooves arranged along the extending direction of the sliding tube (Fig. 18),
the adjustment portion comprises a positioning protrusion arranged on the adjustment member (Figs. 17-18), and
the positioning protrusion is adapted to be clamped into the positioning groove (as is evidenced by at least by the shape of grooves 401A and further by §[0052]: To lock the handrail assembly 3 in a desired position, the handle 307 is released and the retaining pin 307A moves from the groove and into one of the teeth of the saw-toothed slot 401A).
Regarding claim 9, Du discloses the connection adjustment mechanism according to claim 7, wherein a side of the positioning protrusion abutting against a groove wall of the positioning groove has an inclined surface (Fig. 18).
Regarding claim 10, Du discloses the connection adjustment mechanism according to claim 3, wherein the sliding member comprises a sleeve portion and a sliding sheet portion that are connected to each other (306, best seen in Fig. 13),
the sleeve portion is arranged outside the sliding tube (Figs. 13 and 17), and
both the connecting member and the adjustment member are pivotally connected to the sliding sheet portion (Figs. 15A-15C).
Regarding claim 8, claims 1-3 and 7-8 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Chen (US 2022/0219580 A1).
Regarding claim 1, Chen discloses a connection adjustment mechanism (Figs. 17-21), comprising:
a sliding tube (guide rail 511/fixing pipe);
a sliding assembly (sliding portion 520) comprising:
a sliding member (guide groove 521/sliding pipe) and
a connecting member (driving block 532, Fig. 21, §[0050),
wherein the sliding member is slidably arranged on the sliding tube (§[0048]: The sliding pipe is slidably sleeved outside the fixing pipe),
the connecting member is movably arranged on the sliding member (Fig. 19), and
the connecting member is configured to be detachably cooperated with a seat (Fig. 18 and Fig. 21); and
an operating member movably arranged on the sliding member (locking member 530 with operating member 533), wherein,
when the operating member slides or rotates in a first direction (releasing operating member 533, §[0050]), the connecting member is configured to slide or rotate
when the operating member slides or rotates in a second direction opposite to the first direction (§§ [0049]-[0050], i.e., pulling or sliding operating member 533 driving engaging rods 531 out of engaging holes via the driving block), the sliding member is configured to slide the sliding portion 520, with 521 is in an unlocked state, and may slide relative to the fixing seat 510).
Regarding claim 3, Chen discloses the connection adjustment mechanism according to claim 1, wherein the sliding assembly further comprises an adjustment member (sliding rods 531),
the adjustment member is pivotally connected to the sliding member (Fig. 21),
when the operating member slides in the second direction, the adjustment member is capable of rotating
the adjustment member has an adjustment portion (ends of rod 531),
the sliding tube is provided with a plurality of positioning portions along an extending direction thereof (engaging holes 512), and
the adjustment portion is detachably cooperated with the positioning portions (Fig. 21).
Regarding claim 7, Chen discloses the connection adjustment mechanism according to claim 3, wherein the positioning portions comprise a plurality of positioning grooves arranged along the extending direction of the sliding tube (512),
the adjustment portion comprises a positioning protrusion arranged on the adjustment member (ends of the engaging rod 531), and
the positioning protrusion is adapted to be clamped into the positioning groove (Fig. 21).
Regarding claim 8, Chen discloses the connection adjustment mechanism according to claim 7, further comprising at least two positioning protrusions configured to be simultaneously clamped into at least two positioning grooves, respectively.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Du as applied to claim 1, and further, in view of Georges (US 2019/0023164 A1).
Regarding claim 11, Du discloses the connection adjustment mechanism according to claim 1, but does not appear to specifically disclose wherein the sliding assembly further comprises a sliding housing, the sliding housing is slidably arranged on the sliding tube and is fixedly connected to the sliding member, and the sliding member, at least part of the connecting member and at least part of the operating member are arranged in the sliding housing.
However, Georges teaches a connection adjustment mechanism in a similar field of endeavor, including a sliding housing slidably arranged on a sliding tube and fixedly connected to a sliding member.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have provided the connection adjustment mechanism disclosed by Du with a housing, particularly the sliding housing slidably arranged on a sliding tube and fixedly connected to a sliding member, as taught by Georges, with a reasonable expectation of success, so that the wherein the sliding assembly of the connection adjustment mechanism further comprises a sliding housing slidably arranged on the sliding tube and fixedly connected to the sliding member. The benefit being the predictable outcome of protecting components of the sliding member from dust, dirt, debris and impact.
Modified Du does not appear to specifically disclose wherein the sliding member, at least part of the connecting member and at least part of the operating member are arranged in the sliding housing.
However, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have arranged the housing so that the sliding member, at least part of the connecting member and at least part of the operating member are arranged in the sliding housing, with a reasonable expectation of success, since it has been held that rearranging parts of an invention involves only routine skill in the art. In re Japikse, 86 USPQ 70. The benefit being an arrangement to predictably protects elements of the connection adjustment assembly in a manner that is both ideal for successful operation of the intended application and that is aesthetically pleasing.
Claim 18 is rejected under 35 U.S.C. 103 as being unpatentable over Du.
Regarding claim 18, Du discloses the connection adjustment mechanism according to claim 3 (the office notes a similar rejection above in claim 6), wherein the sliding tube and the sliding assembly of the connection adjustment mechanism comprise
an adjustment portion on the adjustment member of the sliding assembly (Fig. 17-18), and
a plurality of positioning portions arranged along the extending direction of the sliding tube (Fig. 17-18), and
wherein one of the adjustment portion and the plurality of positioning portions is a first female connecting portion and the other is a first male connecting portion (Fig. 17-18), and
wherein the adjustment portion is detachably cooperated with the positioning portions.
Du does not appear to disclose wherein the plurality of positioning portions arranged along the extending direction of the sliding tube are specifically the first male connecting portions, and wherein the adjustment portion of the adjustment member of the sliding assembly is specifically the first female connecting portion.
However, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have rearranged the connection adjustment mechanism so that the plurality of positioning portions are arranged along the extending direction of the sliding tube and are specifically the first male connecting portions, and so that the adjustment portion of the adjustment member of the sliding assembly is specifically the first female connecting portion, with a reasonable expectation of success, since it has been held that rearranging parts of an invention involves only routine skill in the art. In re Japikse, 86 USPQ 70. The benefit being choosing a preferred embodiment between two alternative embodiments. There does not appear to be a clear critical advantage to either embodiment (hence the term alternative in §[0054] of the specification) as is evidenced by Applicant claiming one of each embodiment in currently amended claim 6 and newly added claim 18. The Office notes the obvious modification/rearrangement would be accomplished in a manner similar to that taken by Applicant to go from the embodiment depicted in Figs. 13-14 as claimed in claim 6 to the embodiment claimed in newly added claim 18.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/S.D.G./Examiner, Art Unit 3642
/MAGDALENA TOPOLSKI/ Primary Examiner, Art Unit 3642
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