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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 January 23, 2025 has been entered.
Specification
The specification is objected to as failing to provide proper antecedent basis for the claimed subject matter. See 37 CFR 1.75(d)(1) and MPEP § 608.01(o). Correction of the following is required: “an outward portion” (line 21) in claim 1; and “an inward portion” (line 22) in claim 1. It is suggested that the recited outward portion be replaced with -- outward side -- and the “inward portion” be replaced with -- inward side -- since proper antecedent bases have been established for these elements of the second hook bend (106) in paragraph [0020].
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 1 - 11 and 21 - 26 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.
Regarding claim 1, the recitation “an inward portion located further from the shank than the outward portion” (lines 22 - 23) has rendered the claim indefinite because it is unclear how the inward element can be further away than the outward element. The written disclosure does not provide clear support for the claimed spatial geometry. Further, the recitation “a middle of the tubular rod of the second hook bend … a middle of the tubular rod of the first hook bend …” (last three lines of the claim) has rendered the claim indefinite because the ‘middle’ element can be considered any center point of the tubular rod (resulting in an indefinite claimed distance). It is noted that a recitation of “wherein there is shorter distance from a center of the curve of the tubular rod of the second hook bend to the shank than from a center of the curve of the tubular rod of the first hook bend to the shank” would be clearer, supported and geometrically less ambiguous. Appropriate correction and clarification are required.
Claims 2 - 11 and 21 - 26 depend from claim 1 and therefore are also rejected under this section.
Allowable Subject Matter
Claims 1 - 11 and 21 - 26 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See PTO-892 for similar art cited.
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/R.D./ Examiner, Art Unit 3677
/JASON W SAN/ SPE, Art Unit 3677