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 .
Response to Amendment
This is a Final Office action in response to communications filed on January 13, 2026. Applicant amended claims 1-3. Accordingly, Examiner withdraws objections to claims 1 and 2. Claims 1-10 remain pending in this application.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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:
Determining the scope and contents of the prior art.
Ascertaining the differences between the prior art and the claims at issue.
Resolving the level of ordinary skill in the pertinent art.
Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1-10 are rejected under 35 U.S.C. 103 as being unpatentable under US 20090031783 A1 (“Fukushima”) in view of US 10828202 B1 (“Buan”).
In regards to claim 1, Fukushima discloses the following limitations with the exception of the underlined limitations.
A free-fall experimental apparatus for high school physics ([0017], “The present invention … is to provide the drop test apparatus”), comprising a base (1), wherein: said base (1) is fitted with ([0050], “The tower-like … body ... is formed in the ... base”) a negative pressure assembly (2) for negative pressure pumping inside an experimental assembly (3);
said base (1) is fitted with a height adjusting assembly (4) for adjusting an experimental height of the experimental assembly (3) ([0062], “the dropping height can be set up freely … and drops may become a speed of the free fall from the desired dropping height”);
said base (1) is fitted with the experimental assembly (3) for performing free-fall experiments ([0019], “the present invention is characterized by ... dropping the test article on the landing surface in the free fall state”);
said experimental assembly (3) comprises a pulling type movable assembly (319) ([0048], “The rise-and-down guide … is composed of the slide rail” Examiner notes that a slide rail is inherently a movable assembly.), an experimental block (315) ([0046], “The holder ... holds the test article” Examiner notes that the test article corresponds to an experimental block.), an upper opening self-resetting assembly (320) ([0044], “The accelerating force transmission ... is composed of a driving pulley” Examiner notes that a driving pulley is similar to an upper opening self-resetting assembly in that it is designed to be an assembly not requiring a manual reset.), a retractable assembly (321) ([0045], “The holding means … is composed of … a rise-and-fall guide … to guide a vertical movement of the support arm” Examiner notes that a retractable assembly is similar to a rise-and-fall guide in that it is designed to move a device in and out of position.) and a lower opening self-resetting assembly (322) ([0044], “The accelerating force transmission ... is composed of ... a follower pulley” Examiner notes that a follower pulley is similar to a lower opening self-resetting assembly in that it is designed to be an assembly not requiring a manual reset.);
said experimental block (315) is mounted on said pulling type movable assembly (319), said pulling type movable assembly (319) is mounted on said upper opening self-resetting assembly (320), said upper opening self-resetting assembly (320) is connected to the upper end of said retractable assembly (321), said retractable assembly (321) is connected to said height adjusting assembly (4), said lower opening self-resetting assembly (322) is mounted on said base (1), and said lower opening self-resetting assembly (322) is connected to the lower end of said retractable assembly (321) ([0029], “FIG. 1 is a … view of a drop test apparatus” Examiner notes that annotated Fukushima FIG.1 depicts the following components of a drop test apparatus that are appropriately mounted together: an article (corresponding to an experimental block of claimed invention), a slide rail (corresponding to a movable assembly of claimed invention), a driving pulley (corresponding to the upper opening self-resetting assembly), a rise-and-fall guide (corresponding to the retractable assembly of claimed invention), a combination of a support arm, brake, driving source, clutch, and acceleration means (delineated by the yellow circle and corresponding to a height adjusting assembly of claimed invention), a follower pulley (corresponding to a lower opening self-resetting assembly of claimed invention), and a base.);
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said retractable assembly (321) is fitted with a sensing assembly (5) for detecting said experimental block (315) ([0062], “the holder ... opens the holding of the test article when the height position of the support arm reaches the predetermined open-position and the open-position detecting means (not shown) with photo sensors etc. detects it”);
wherein, said pulling type movable assembly (319) ([0048], “The rise-and-down guide … is composed of the slide rail” Examiner notes that a slide rail is inherently a movable assembly.) is configured to laterally disengage said experimental block (315) ([0046], “The holder ... holds the test article” Examiner notes that the test article corresponds to an experimental block.) from a supporting state, such that said experimental block (315) is released without any vertical displacement prior to release and has a substantially zero initial vertical velocity ([0019], “the article is released from the holder at the point when the holder is accelerated to a predetermined speed and is dropped to the landing surface”);
and wherein said upper opening self-resetting assembly (320) and said lower opening self-resetting assembly (322) are configured to automatically reset after each free-fall experiment, thereby enabling repeated free-fall experiments without re-adjusting the experimental height ([0044], “The accelerating force transmission ... is composed of a driving pulley” Examiner notes that a driving pulley is similar to an opening self-resetting assembly in that it is designed to be an assembly not requiring a manual reset.).
Buan discloses
a negative pressure assembly (2) for negative pressure pumping inside an experimental assembly (3) (column 5, lines 26-31, “FIG. 1 depicts … a negative pressure assembly” Examiner notes that a negative pressure assembly pulls out more air than it supplies.);
Fukushima and Buan combined are considered analogous to the claimed invention because they are in the field of drop test apparatuses and negative pressure assemblies. Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the applicant’s invention for a free-fall experimental apparatus for high school physics, comprising a base (1), wherein: said base (1) is fitted with, said base (1) is fitted with a height adjusting assembly (4) for adjusting the experimental height of the experimental assembly (3); said base (1) is fitted with an experimental assembly (3) for performing free-fall experiments, said experimental assembly (3) comprises a pulling type movable assembly (319), an experimental block (315), an upper opening self-resetting assembly (320), a retractable assembly (321) and a lower opening self-resetting assembly (322), said experimental block (315) is mounted on said pulling type movable assembly (319), said pulling type movable assembly (319) is mounted on said upper opening self-resetting assembly (320), said upper opening self-resetting assembly (320) is connected to the upper end of said retractable assembly (321), said retractable assembly (321) is connected to said height adjusting assembly (4), said lower opening self-resetting assembly (322) is mounted on said base (1), and said lower opening self-resetting assembly (322) is connected to the lower end of said retractable assembly (321); said retractable assembly (321) is fitted with a sensing assembly (5) for detecting said experimental block (315), wherein, said pulling type movable assembly (319) is configured to laterally disengage said experimental block (315) from a supporting state, such that said experimental block (315) is released without any vertical displacement prior to release and has a substantially zero initial vertical velocity; and wherein said upper opening self-resetting assembly (320) and said lower opening self-resetting assembly (322) are configured to automatically reset after each free-fall experiment, thereby enabling repeated free-fall experiments without re-adjusting the experimental height, as disclosed by Fukushima, a negative pressure assembly (2) for negative pressure pumping inside an experimental assembly (3), as disclosed by Buan, to provide a negative pressure assembly that includes a drape, a sealing element, a reactor, a valve, and a mechanical pump assembly. One skilled in the art would understand and recognize the value of the addition of a drape, a sealing element, a reactor, a valve, and a mechanical pump assembly to improve the effectiveness of a negative pressure assembly.
In regards to claim 2, Fukushima discloses
wherein: said upper-opening self-resetting assembly (320) comprises a top sleeve (36), a first slide plate (37) and a second spring (38) ([0044], “The accelerating force transmission ... is composed of a driving pulley” Examiner notes that a driving pulley is similar to an upper opening self-resetting assembly and that a driving pulley may have a sleeve, slide plate, and spring.);
said top sleeve (36) is plug-in mounted on the upper end of said retractable assembly (321), said first slide plate (37) is fixedly connected to the side wall of said top sleeve (36), said first slide plate (37) is slidingly connected to said height adjusting assembly (4), and said first slide plate (37) is fitted with a second spring (38), the lower end of said second spring (38) is fixedly connected to said first slide plate (37), and the upper end of said second spring (38) is fixedly connected to said height adjusting assembly (4) ([0029], “FIG. 1 is a … view of a drop test apparatus” Examiner notes that annotated Fukushima FIG.1 depicts the driving pulley mounted to the rise-and-fall guide (corresponding to the retractable assembly of claimed invention) and the driving pulley connected to the height adjusting assembly of claimed invention and delineated by the yellow enclosed circle.).
In regards to claim 3, Fukushima discloses
wherein: said pulling type movable assembly (319) comprises a pulling plate (310), a first blocking plate (316), a second blocking plate (317) and a fourth spring (318) ([0048], “The rise-and-down guide … is composed of the slide rail” Examiner notes that a slide rail is inherently a movable assembly and can have plates and a spring.);
said pulling plate (310) is slidingly connected to the side wall of said top sleeve (36), and the inner bottom of said top sleeve (36) is fixedly connected with the first blocking plate (316) and second blocking plate (317), one end of said pulling plate (310) passes through said second blocking plate (317), said experimental block (315) successively and then contacts and connects to the side wall of said first blocking plate (316), said experimental block (315) is provided with a hole through which said pulling plate (310) passes, said pulling plate (310) is fitted with a fourth spring (318), said fourth spring (318) is located interior said top sleeve (36), with one end being fixedly connected to said pull plate (310), and the other end being fixedly connected to the inner wall of said top sleeve (36) ([0029], “FIG. 1 is a … view of a drop test apparatus” Examiner notes that annotated Fukushima FIG.1 depicts the slide rail (movable assembly of claimed invention) that may include plates fitted with a spring contacting and connecting with an article (experimental block of claimed invention).).
In regards to claim 4, Fukushima discloses
wherein: said retractable assembly (321) comprises an adjusting sleeve (35), a fixing sleeve (39) and an installation crossbar (34) ([0045], “The holding means … is composed of … a rise-and-fall guide … to guide a vertical movement of the support arm” Examiner notes that a retractable assembly is similar to a rise-and-fall guide in that it is designed to move a device in and out of position and that a rise-and-fall guide can have sleeves and a crossbar.);
the lower end of said fixing sleeve (39) is fixedly mounted on said installation crossbar (34), the other end of said installation crossbar (34) is fixedly mounted on said height adjusting assembly (4), said fixing sleeve (39) is slidingly connected at the upper end to the interior of said adjusting sleeve (35), said adjusting sleeve (35) is connected to said height adjusting assembly (4), said adjusting sleeve (35) is provided at the top with a slot (314) for mating with the bottom of said top sleeve (36) ([0029], “FIG. 1 is a … view of a drop test apparatus” Examiner notes that annotated Fukushima FIG.1 depicts the rise-and-fall guide mounted on the height adjusting assembly of claimed invention.);
the internal lower end of said adjusting sleeve (35) is fixedly connected with a sealing ring for sealing the connection of said adjusting sleeve (35) with said fixing sleeve ( 39) ([0045], “The holding means … is composed of … a rise-and-fall guide … to guide a vertical movement of the support arm” Examiner notes that a retractable assembly is similar to a rise-and-fall guide in that it is designed to move a device in and out of position and that a rise-and-fall guide can have sleeves and a sealing ring.).
In regards to claim 5, Fukushima discloses
wherein: said lower opening self-resetting assembly (322) comprises a buffer sleeve (31), a slide sleeve (32), a first spring (33), a third spring (311) and a buffer plate (312) ([0044], “The accelerating force transmission ... is composed of ... a follower pulley” Examiner notes that a follower pulley is similar to a lower opening self-resetting assembly in that it is designed to be an assembly not requiring a manual reset and that a follower pulley can include sleeves, springs, and a plate.);
the bottom of said buffer sleeve (31) is fixedly mounted on said base (1), and the inner bottom of said buffer sleeve (31) is fixedly connected with a number of sets of third springs (311), the top of said third springs (311) is fixedly connected with said buffer plate (312) respectively, said buffer plate (312) is mounted on the interior of said buffer sleeve (31), the inner wall of the lower end of said slide sleeve (32) is in sliding contact with the outer wall of the upper end of said buffer sleeve (31), and the outer wall of the lower end of said fixed sleeve (39) is sliding contact with the inner wall of the top of said top inner wall of said slide sleeve (32), the first spring (33) is mounted at the lower end of said fixed sleeve (39), said first spring (33) is located below said installation crossbar (34), the upper end of said first spring (33) is fixedly connected to said installation crossbar (34), the lower end of said first spring (33) is fixedly connected to said top of said slide sleeve (32) ([0029], “FIG. 1 is a … view of a drop test apparatus” Examiner notes that annotated Fukushima FIG.1 depicts the follower pulley mounted on the base and that the sleeves, springs, and plates are appropriately mounted to each other.).
In regards to claim 6, Fukushima discloses
wherein: said fixed sleeve (39) is fixedly connected at its bottom with an anti-dislodgement ring (313), said anti-dislodgement ring (313) is in sliding contact with the inner wall of said slide sleeve (32), and the outer diameter of said anti-dislodgement ring (313) is larger than the inner diameter of the top of said slide sleeve (32) ([0044], “The accelerating force transmission ... is composed of ... a follower pulley” Examiner notes that a follower pulley is similar to a lower opening self-resetting assembly in that it is designed to be an assembly not requiring a manual reset and that a follower pulley can include a sleeve with an anti-dislodgement ring.).
In regards to claim 7, Fukushima discloses
wherein: the internal lower end of said slide sleeve (32) is fixedly connected with a sealing ring for sealing the connection between said slide sleeve (32) and said buffer sleeve (31) ([0044], “The accelerating force transmission ... is composed of ... a follower pulley” Examiner notes that a follower pulley is similar to a lower opening self-resetting assembly and that a follower pulley can include a sleeve connected with a sealing ring.);
the internal upper end of said slide sleeve (32) is fixedly connected with a sealing ring for sealing the connection between said slide sleeve (32) and said fixed sleeve (39) ([0044], “The accelerating force transmission ... is composed of ... a follower pulley” Examiner notes that a follower pulley is similar to a lower opening self-resetting assembly and that a follower pulley can include a sleeve connected with a sealing ring.).
In regards to claim 8, Fukushima discloses
wherein: said height adjusting assembly (4) comprises a scale (41), a second slide plate (42), a rocker (43), a support bracket (44), a threaded bar (45) and a pointer (46) ([0029], “FIG. 1 is a … view of a drop test apparatus” Examiner notes that annotated Fukushima FIG.1 depicts a driving source, clutch, acceleration means, brake, and support arm, which combined represent the height adjusting assembly of the claimed invention and that these components may include a scale (i.e., sensor), plate, rocker, bracket, bar, and pointer.);
the lower end of said scale (41) is fixedly connected to said base (1), the upper end of said scale (41) is fixedly connected to the support bracket (44), the threaded bar (45) is rotationally mounted on said support bracket (44), the rocker (43) is fixedly connected to the top of said threaded bar (45), the threaded bar (45) is threadedly connected with the second sliding plate (42), with one end in sliding contact with the scale ruler (41), and the other end fixedly connected to the upper end of the adjusting sleeve (35), the upper end of the adjusting sleeve (35) is fixedly connected with the horizontal pointer (46), which coincides with the horizontal line where the center of gravity of the experimental block (315) is located , one end of the pointer (46) indicates the graduation line on the scale ruler (41) ([0029], “FIG. 1 is a … view of a drop test apparatus” Examiner notes that annotated Fukushima FIG.1 depicts a driving source, clutch, acceleration means, brake, and support arm, which combined represent the height adjusting assembly of the claimed invention and that these components may include a scale (i.e., sensor) connected to the base and connected to other components appropriately.).
In regards to claim 9, Fukushima discloses
wherein: said sensing assembly (5) comprises a first infrared sensor (51), a second infrared sensor (52) and a controller (53) ([0062], “the holder ... opens the holding of the test article when the height position of the support arm reaches the predetermined open-position and the open-position detecting means (not shown) with photo sensors etc. detects it” Examiner notes that photo sensors may include infrared sensors and a controller.);
said second infrared sensor (52) and said first infrared sensor (51) are fixedly mounted at the upper and lower ends of said fixing sleeve (39) respectively, and said controller (53) is fixedly mounted at the upper end of said scale (41) ([0062], “the holder ... opens the holding of the test article when the height position of the support arm reaches the predetermined open-position and the open-position detecting means (not shown) with photo sensors etc. detects it” Examiner notes that photo sensors may include infrared sensors and a controller and may be mounted to the sleeve and scale as appropriate.).
In regards to claim 10, Fukushima does not disclose wherein: said negative pressure assembly (2) comprises a pumping pump (21), a pumping pipe (22) and a control valve (23); said pumping pump (21) is fixedly mounted on said base (1), the pumping end of said pumping pump (21) is fixedly connected to a pumping pipe (22), said pumping pipe (22) is mounted with a control valve (23), the other end of said pumping pipe (22) is fixedly connected to said buffer sleeve (31).
Buan discloses
wherein: said negative pressure assembly (2) comprises (column 5, lines 26-31, “FIG. 1 depicts … a negative pressure assembly” Examiner notes that a negative pressure assembly pulls out more air than it supplies.) a pumping pump (21), a pumping pipe (22) and a control valve (23) (column 1, lines 37-39, “a negative pressure assembly includes … a mechanical pump assembly.” Examiner notes that a mechanical pump assembly can include a pump, pipe, and a control valve.);
said pumping pump (21) is fixedly mounted on said base (1), the pumping end of said pumping pump (21) is fixedly connected to a pumping pipe (22), said pumping pipe (22) is mounted with a control valve (23), the other end of said pumping pipe (22) is fixedly connected to said buffer sleeve (31) (column 1, lines 37-39, “a negative pressure assembly includes … a mechanical pump assembly.” Examiner notes that a mechanical pump assembly can be mounted to a base and that the components of the mechanical pump assembly are connected appropriately.).
Fukushima and Buan combined are considered analogous to the claimed invention because they are in the field of drop test apparatuses and negative pressure assemblies. Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the applicant’s invention for a free-fall experimental apparatus for high school physics, comprising a base (1), wherein: said base (1) is fitted with, said base (1) is fitted with a height adjusting assembly (4) for adjusting the experimental height of the experimental assembly (3); said base (1) is fitted with an experimental assembly (3) for performing free-fall experiments, said experimental assembly (3) comprises a pulling type movable assembly (319), an experimental block (315), an upper opening self-resetting assembly (320), a retractable assembly (321) and a lower opening self-resetting assembly (322), said experimental block (315) is mounted on said pulling type movable assembly (319), said pulling type movable assembly (319) is mounted on said upper opening self-resetting assembly (320), said upper opening self-resetting assembly (320) is connected to the upper end of said retractable assembly (321), said retractable assembly (321) is connected to said height adjusting assembly (4), said lower opening self-resetting assembly (322) is mounted on said base (1), and said lower opening self-resetting assembly (322) is connected to the lower end of said retractable assembly (321); said retractable assembly (321) is fitted with a sensing assembly (5) for detecting said experimental block (315), wherein: said up-opening self-resetting assembly (320) comprises a top sleeve (36), a first slide plate (37) and a second spring (38); said top sleeve (36) is plug-in mounted on the upper end of said retractable assembly (321), said first slide plate (37) is fixedly connected to the side wall of said top sleeve (36), said first slide plate (37) is slidingly connected to said height adjusting assembly (4), and said first slide plate (37) is fitted with a second spring (38), the lower end of said second spring (38) is fixedly connected to said first slide plate (37), and the upper end of said second spring (38) is fixedly connected to said height adjusting assembly (4), wherein: said retractable assembly (321) comprises an adjusting sleeve (35), a fixing sleeve (39) and an installation crossbar (34); the lower end of said fixing sleeve (39) is fixedly mounted on said installation crossbar (34), the other end of said installation crossbar (34) is fixedly mounted on said height adjusting assembly (4), said fixing sleeve (39) is slidingly connected at the upper end to the interior of said adjusting sleeve (35), said adjusting sleeve (35) is connected to said height adjusting assembly (4), said adjusting sleeve (35) is provided at the top with a slot (314) for mating with the bottom of said top sleeve (36); the internal lower end of said adjusting sleeve (35) is fixedly connected with a sealing ring for sealing the connection of said adjusting sleeve (35) with said fixing sleeve ( 39), wherein: said lower opening self-resetting assembly (322) comprises a buffer sleeve (31), a slide sleeve (32), a first spring (33), a third spring (311) and a buffer plate (312); the bottom of said buffer sleeve (31) is fixedly mounted on said base (1), and the inner bottom of said buffer sleeve (31) is fixedly connected with a number of sets of third springs (311), the top of said third springs (311) is fixedly connected with said buffer plate (312) respectively, said buffer plate (312) is mounted on the interior of said buffer sleeve (31), the inner wall of the lower end of said slide sleeve (32) is in sliding contact with the outer wall of the upper end of said buffer sleeve (31), and the outer wall of the lower end of said fixed sleeve (39) is sliding contact with the inner wall of the top of said top inner wall of said slide sleeve (32), the first spring (33) is mounted at the lower end of said fixed sleeve (39), said first spring (33) is located below said installation crossbar (34), the upper end of said first spring (33) is fixedly connected to said installation crossbar (34), the lower end of said first spring (33) is fixedly connected to said top of said slide sleeve (32), wherein, said pulling type movable assembly (319) is configured to laterally disengage said experimental block (315) from a supporting state, such that said experimental block (315) is released without any vertical displacement prior to release and has a substantially zero initial vertical velocity; and wherein said upper opening self-resetting assembly (320) and said lower opening self-resetting assembly (322) are configured to automatically reset after each free-fall experiment, thereby enabling repeated free-fall experiments without re-adjusting the experimental height, as disclosed by Fukushima, a negative pressure assembly (2) for negative pressure pumping inside an experimental assembly (3), wherein: said negative pressure assembly (2) comprises a pumping pump (21), a pumping pipe (22) and a control valve (23); said pumping pump (21) is fixedly mounted on said base (1), the pumping end of said pumping pump (21) is fixedly connected to a pumping pipe (22), said pumping pipe (22) is mounted with a control valve (23), the other end of said pumping pipe (22) is fixedly connected to said buffer sleeve (31), as disclosed by Buan, to provide a negative pressure assembly that includes a drape, a sealing element, a reactor, a valve, and a mechanical pump assembly (pump, pipe, and control valve). One skilled in the art would understand and recognize the value of the addition of a drape, a sealing element, a reactor, a valve, and a mechanical pump assembly to improve the effectiveness of a negative pressure assembly.
Response to Arguments
Applicant's arguments filed January 13, 2026 have been fully considered but they are not persuasive. Claims 1-10 remain pending in this application. With respect to claim 1, Applicant argues that “neither Fukushima alone nor Fukushima in combination with Buan teaches or suggests the claimed free-fall experimental apparatus, particularly the claimed lateral release mechanism configured to release an experimental block with substantially zero initial vertical velocity, as well as the self-resetting structures enabling repeated experiments without re-adjustment of experimental height” (See Response to Non-Final Office Action, REMARKS, Rejection of Claims 1-10 under 35 U.S.C. § 103, page 3, paragraph 1), “Fukushima not only fails to teach the claimed lateral release mechanism, but also teaches away from Applicant’s solution by relying on a release method that inherently introduces initial velocity” (See Response to Non-Final Office Action, REMARKS, Rejection of Claims 1-10 under 35 U.S.C. § 103, page 5, paragraph 5), and “Buan does not cure the fundamental deficiencies of Fukushima with respect to the claimed release mechanism and technical effect” (See Response to Non-Final Office Action, REMARKS, Rejection of Claims 1-10 under 35 U.S.C. § 103, page 6, paragraph 4). Examiner acknowledges Applicant’s remarks. Regarding claim 1, Fukushima discloses a free-fall experimental apparatus for high school physics ([0017], “The present invention … is to provide the drop test apparatus”), comprising a base (1), wherein: said base (1) is fitted with ([0050], “The tower-like … body ... is formed in the ... base”); said base (1) is fitted with a height adjusting assembly (4) for adjusting an experimental height of the experimental assembly (3) ([0062], “the dropping height can be set up freely … and drops may become a speed of the free fall from the desired dropping height”); said base (1) is fitted with the experimental assembly (3) for performing free-fall experiments ([0019], “the present invention is characterized by ... dropping the test article on the landing surface in the free fall state”); said experimental assembly (3) comprises a pulling type movable assembly (319) ([0048], “The rise-and-down guide … is composed of the slide rail” Examiner notes that a slide rail is inherently a movable assembly.), an experimental block (315) ([0046], “The holder ... holds the test article” Examiner notes that the test article corresponds to an experimental block.), an upper opening self-resetting assembly (320) ([0044], “The accelerating force transmission ... is composed of a driving pulley” Examiner notes that a driving pulley is similar to an upper opening self-resetting assembly in that it is designed to be an assembly not requiring a manual reset.), a retractable assembly (321) ([0045], “The holding means … is composed of … a rise-and-fall guide … to guide a vertical movement of the support arm” Examiner notes that a retractable assembly is similar to a rise-and-fall guide in that it is designed to move a device in and out of position.) and a lower opening self-resetting assembly (322) ([0044], “The accelerating force transmission ... is composed of ... a follower pulley” Examiner notes that a follower pulley is similar to a lower opening self-resetting assembly in that it is designed to be an assembly not requiring a manual reset.); said experimental block (315) is mounted on said pulling type movable assembly (319), said pulling type movable assembly (319) is mounted on said upper opening self-resetting assembly (320), said upper opening self-resetting assembly (320) is connected to the upper end of said retractable assembly (321), said retractable assembly (321) is connected to said height adjusting assembly (4), said lower opening self-resetting assembly (322) is mounted on said base (1), and said lower opening self-resetting assembly (322) is connected to the lower end of said retractable assembly (321) ([0029], “FIG. 1 is a … view of a drop test apparatus” Examiner notes that annotated Fukushima FIG.1 depicts the following components of a drop test apparatus that are appropriately mounted together: an article (corresponding to an experimental block of claimed invention), a slide rail (corresponding to a movable assembly of claimed invention), a driving pulley (corresponding to the upper opening self-resetting assembly), a rise-and-fall guide (corresponding to the retractable assembly of claimed invention), a combination of a support arm, brake, driving source, clutch, and acceleration means (delineated by the yellow circle and corresponding to a height adjusting assembly of claimed invention), a follower pulley (corresponding to a lower opening self-resetting assembly of claimed invention), and a base.); said retractable assembly (321) is fitted with a sensing assembly (5) for detecting said experimental block (315) ([0062], “the holder ... opens the holding of the test article when the height position of the support arm reaches the predetermined open-position and the open-position detecting means (not shown) with photo sensors etc. detects it”);
wherein, said pulling type movable assembly (319) ([0048], “The rise-and-down guide … is composed of the slide rail” Examiner notes that a slide rail is inherently a movable assembly.) is configured to laterally disengage said experimental block (315) ([0046], “The holder ... holds the test article” Examiner notes that the test article corresponds to an experimental block.) from a supporting state, such that said experimental block (315) is released without any vertical displacement prior to release and has a substantially zero initial vertical velocity ([0019], “the article is released from the holder at the point when the holder is accelerated to a predetermined speed and is dropped to the landing surface”); and wherein said upper opening self-resetting assembly (320) and said lower opening self-resetting assembly (322) are configured to automatically reset after each free-fall experiment, thereby enabling repeated free-fall experiments without re-adjusting the experimental height ([0044], “The accelerating force transmission ... is composed of a driving pulley” Examiner notes that a driving pulley is similar to an opening self-resetting assembly in that it is designed to be an assembly not requiring a manual reset.) and Buan discloses a negative pressure assembly (2) for negative pressure pumping inside an experimental assembly (3) (column 5, lines 26-31, “FIG. 1 depicts … a negative pressure assembly” Examiner notes that a negative pressure assembly pulls out more air than it supplies.).
MPEP § 2111 discusses proper claim interpretation, including giving claims their
broadest reasonable interpretation (“BRI”) in light of the specification during examination. Under BRI, the words of a claim must be given their plain meaning unless such meaning is inconsistent with the specification, and it is improper to import claim limitations from the specification into the claim. Applicant’s argument is not persuasive because the BRI is broader than what is argued. Therefore, the rejection of claim 1, as obvious by Fukushima in view of Buan, is maintained. Consequently, the rejections of dependent claims 2-10 are maintained.
Furthermore, MPEP 2141.01(a) discusses obviousness regarding analogous art. Under MPEP 2141.01(a), a reference is analogous to the claimed invention if: (1) the reference is from the same field of endeavor (even if it addresses a different problem): or (2) the reference is reasonable pertinent to the problem faced by the inventor (even if it is not in the same field of endeavor as the claimed invention). Examiner notes that combined Fukushima and Buan are pertinent to the problem faced by the inventor. Therefore, the rejections of claim 1 and dependent claims 2-10, as obvious over Fukushima in view of Buan, are maintained.
Additionally, a prior art reference must be considered in its entirety, i.e., as a whole, including portions that would lead away from the claimed invention. W.L. Gore & Assoc., Inc. v. Garlock, Inc., 721 F.2d 1540, 220 USPQ 303 (Fed. Cir. 1983), cert. denied, 469 U.S. 851 (1984). However, “the prior art’s mere disclosure of more than one alternative does not constitute a teaching away from any of these alternatives because such disclosure does not criticize, discredit, or otherwise discourage the solution claimed….” In re Fulton, 391 F.3d 1195, 1201, 73 USPQ2d 1141, 1146 (Fed. Cir. 2004). See also MPEP § 2123. Applicant’s argument is not persuasive because Fukushima does not teach away from the claimed invention. Therefore, the rejection of claim 1, as obvious over Fukushima in view of Buan, is maintained. Consequently, the rejections of dependent claims 2-10 are maintained.
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Lisa Antoine whose telephone number is (571)272-4252. The examiner can normally be reached Monday - Thursday 8:30 am - 6:30 pm ET.
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LISA H ANTOINE
Examiner
Art Unit 3715
/XUAN M THAI/Supervisory Patent Examiner, Art Unit 3715