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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 7/7/2026 has been entered.
Claims 1-3, 5-10, 12-13, 15-17, 19-21, and 23 are pending with claims 1 and 8 being amended. Claims 4, 11, 14, 18, 22, and 24 are cancelled.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 7/7/2026 has been considered by the examiner.
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.
Claim 9 is 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.
The term “substantially triangular” in claim 9 is a relative term which renders the claim indefinite. The term “substantially” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. Particularly in the context of describing a shape, the term “substantially” does not clearly set forth the degree to which a shape can deviate from “triangular” yet still be “substantially triangular”. Thus, the metes and bounds of the term appear relative and thus cannot be determined.
Allowable Subject Matter
Claims 1-3, 5-8, 10, 12-13, 15-17, 19-21, and 23 are allowed.
Reasons for Allowance
The following is an examiner’s statement of reasons for allowance:
Reasons for allowance were indicated in the Notice of Allowance and Examiner’s Amendment mailed 4/7/2026, incorporated herein.
In addition, Wiltshire (WO 2016/020686 A1), cited in Applicant’s IDS filed 7/7/2026, discloses a similar fixing mechanism using a slot. However, the operation of this feature of Wiltshire differs in that a combination would still not render Applicant’s invention obvious as disclosed in independent claims 1 and 8, previously set forth in the Examiner’s Amendment.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALESSANDRO R DEL PRIORE whose telephone number is (571)272-9902. The examiner can normally be reached Monday - Friday, 8:00 - 5:30.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Rebecca E Eisenberg can be reached at (571) 270-5879. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ALESSANDRO R DEL PRIORE/Examiner, Art Unit 3781
/GUY K TOWNSEND/Primary Examiner, Art Unit 3781
