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
Applicant’s election without traverse of Invention I in the reply filed on 06/04/26 is acknowledged. Claims 9-18 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected Inventions II-V, there being no allowable generic or linking claim.
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 5-8 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 5, Line 1 recites “A head assembly for the gripping appliance of claim 1, wherein: …” However, this limitation leaves it indefinite and unclear as to what is being recited; as this limitation appears to imply that only the “head assembly” is being claimed and not all of the elements of the “gripping appliance” as previously recited? The examiner noting that this is an improper recitation, and thus the phrase “A head assembly for the gripping appliance of claim 1, wherein: …” is understood to recite something similar to “The gripping appliance of claim 1, wherein the head assembly further comprises: …”
Claim 6, Line 1 recites “A gripping leg for the gripping appliance of claim 1, wherein: …” However, this limitation leaves it indefinite and unclear as to what is being recited; as this limitation appears to imply that only the “gripping leg” is being claimed and not all of the elements of the “gripping appliance” as previously recited? The examiner noting that this is an improper recitation, and thus the phrase “A gripping leg for the gripping appliance of claim 1, wherein: …” is understood to recite something similar to “The gripping appliance of claim 1, wherein the gripping legs further comprise: …” Similarly, for claims 7 and 8, the phrase “The gripping leg of claim 6” is understood to recite something similar to “The gripping appliance of claim 6”.
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.
Claim(s) 1 is rejected under 35 U.S.C. 103 as being unpatentable over JP 2021039964 (Matsuzaki) in view of U.S. Patent No. 10,307,913 (Azazi et al.).
Regarding Claim 1, Matsuzaki teaches: Claim 1 - a gripping appliance comprising: a base member (12); a plunger actuator (37); a plunger (31/33); and a head assembly (13 or 43) attached to the base member (12) and extending distal from the base member (12), wherein the plunger actuator (37) is arranged and configured to move the plunger (31/33) along a proximal-distal axis of the gripping appliance; wherein the head assembly (13 or 43) comprises a number of at least two gripping legs (13 or 43); wherein the gripping legs (13 or 43) each comprise a fixation portion, a tip portion distal of the fixation portion, an actuation portion (15) adjacent to and proximal of the tip portion, and a flex portion defined between the actuation portion and the fixation portion, wherein the actuation portions (15) of the gripping legs (13 or 43) are configured to be in contact with the plunger (31/33) at least when the plunger (31/33) is in an extended, distal position; and wherein at least the actuation portions (15) and the tip portions of the gripping legs (13 or 43) are arranged distal from the base member (12) and the gripping legs (13 or 43) are arranged such that, when no force is transferred from the plunger (31/33) to the gripping legs (13 or 43), the tip portions of the gripping legs (13 or 43) converge in a proximal-distal direction of the gripping appliance, (Figures 1-6).
Matsuzaki does not teach: wherein the base is removably attached to the head assembly which includes a carrier, the carrier having a through opening extending along the proximal-distal axis and configured and arranged to receive the plunger therethrough, wherein the fixation portions of the gripping legs are rigidly mounted to the carrier of the head assembly (Claim 1). However, Azazi et al. teaches: Claim 1 - a gripping appliance comprising: a head assembly (8 and 28) including a carrier (28) removably attached to a base (15), and a plurality of gripping legs (8), the carrier (28) having a through opening extending along a proximal-distal axis and configured and arranged to receive a plunger/linearly moving rod (14) therethrough, wherein fixation portions of the gripping legs (8) are rigidly mounted to the carrier (28) of the head assembly (8 and 28), (Figures 1-6). Therefore, it would have been obvious to one of ordinary skill in the art top modify the gripping appliance of Matsuzaki to have wherein the base is removably attached to the head assembly which includes a carrier, the carrier having a through opening extending along the proximal-distal axis and configured and arranged to receive the plunger therethrough, wherein the fixation portions of the gripping legs are rigidly mounted to the carrier of the head assembly (Claim 1) as taught by Azazi et al. for the purposes of providing a strong connection between the base member (12) and the gripping legs (13 and 43) of Matsuzaki by using a carrier (28) as taught by Azazi et al.
Claim(s) 2 and 3 are rejected under 35 U.S.C. 103 as being unpatentable over JP 2021039964 (Matsuzaki) in view of U.S. Patent No. 10,307,913 (Azazi et al.), and further in view of U.S. Patent Application Publication No. 2008/0223101 (Moeck et al.).
Regarding Claims 2 and 3, Matsuzaki as modified by Azazi et al. teaches the gripping appliance as described above, but does not teach: wherein: the plunger comprises a contact portion intended for contact with the actuation portions of the gripping legs, wherein the contact portion comprises a tapered portion which is tapered towards a distal end of the plunger, and at least a proximal end of the contact portion has a cross sectional dimension which is larger than a clearance of a passage surrounded by the actuation portions of the gripping legs when no force is transferred from the plunger to the gripping legs (Claim 2); and wherein: a distal end of the plunger is pointed (Claim 3). However, Moeck et al. teaches: Claims 2 and 3 – a gripping appliance including a plunger (10) comprising a contact portion (13) intended for contact with actuation portions of gripping legs (6), wherein the contact portion (13) comprises a tapered portion which is tapered towards a distal end of the plunger (10)/a distal end of the plunger at (13) is pointed, (Figures 4-7). Therefore, it would have been obvious to one of ordinary skill in the art to modify the gripping appliance of Matsuzaki as modified by Azazi et al. to have wherein: the plunger comprises a contact portion intended for contact with the actuation portions of the gripping legs, wherein the contact portion comprises a tapered portion which is tapered towards a distal end of the plunger, and at least a proximal end of the contact portion has a cross sectional dimension which is larger than a clearance of a passage surrounded by the actuation portions of the gripping legs when no force is transferred from the plunger to the gripping legs (Claim 2); and wherein: a distal end of the plunger is pointed (Claim 3) as taught by Moeck et al. for the purposes of providing a plunger which is tapered and provides a gradual change to the gripping force of the gripping appliance by replacing one well-known component (the contact portion of the gripper of Moeck et al.) with another well-known component (the contact portion of the gripper of Matsuzaki as modified by Azazi et al.).
Allowable Subject Matter
Claim 4 is allowed.
Claims 5-8 would be allowable if rewritten 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 and to include all of the limitations of the base claim and any intervening claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
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/JOSHUA E RODDEN/ Primary Examiner, Art Unit 3642
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