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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 9/29/25 has been entered.
Claims 1, 6, 7, 19 and 21 are amended. Claims 9, 10, 13, 15 and 16 are cancelled. Claims 2 and 14 are withdrawn.
Claim Objections
Claims 1, 8, 19 and 21 are objected to because of the use of the phrase “adapted to,” in that it has been held that the recitation that an element is “adapted to” perform a function is not a positive limitation but only requires the ability to so perform. It does not constitute a limitation in any patentable sense. In re Hutchinson, 69 USPQ 138. Appropriate correction is required.
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 20 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.
Claim 20 recites the limitation "a securing aid" in line 3. There is insufficient antecedent basis for this limitation in the claim.
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.
Claim(s) 1, 3-8, 11-12 and 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 9,643,636 to Parnell in view of US 7,533,854 to Aube.
Regarding claim 1, Parnell ‘636 discloses an apparatus adapted to secure a walking assist device therein, comprising: a base 11 having an upper base portion, a lower base portion, and a middle base portion positioned between the upper and lower base portions; a hook 16 extending outwardly from a rear surface of the base and adapted to secure the apparatus to a support; a gap formed between the rear surface of the base and the hook, the gap receiving the support therein to secure the apparatus to the support (figs 2 and 4); a first gripping arm 18 extending outwardly from a first side of the base and protruding forward of a front surface of the base, the first gripping arm 18 including a first section extending from the first side of the base, a second section extending outwardly from the first section, a third section extending outwardly from the second section, and; and a second gripping arm 19 extending outwardly from a second side of the base and protruding forward of the front surface of the base, the second gripping arm 19 including a first section extending from the second side of the base, a second section extending outwardly from the first section, a third section extending outwardly from the second section, wherein the first and second gripping arms 18/19 form a holding space therebetween to secure a walking assist device 13 therein, thereby securing the walking assist device to the support (figs 3 and 4).
Aube ‘854 also teaches a clamp having a body and first and second arms, wherein a recess (figs 2, 4, and 6) formed in a front surface of the middle base portion; a first groove 64 formed therein at an intersection between the first and second sections; and a second groove 64 formed therein at an intersection between the first and second sections. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the base taught Parnell ‘636 with the recess and grooves as taught in Aube ‘854 in order to offer more support for objects and attachments and to allow for variety of items to support and attach thereto
Regarding claim 3, Parnell ‘636, as modified, discloses wherein Aube ‘854 teaches that the recess includes a securing aid secured therein. (rivets – col. 5, lines 39-40).
Regarding claim 4, Parnell ‘636, as modified, discloses wherein the gap having has a width of about 3.175mm to about 9.525mm (figs 2 and 4 — col. 3, lines 12-14).
Regarding claim 5, Parnell ‘636, as modified, discloses wherein the gap having has a width of about 6.35mm to about 25.4mm (figs 2 and 4 — col. 3, lines 12-14).
Regarding claim 6, Parnell ‘636, as modified, discloses wherein a second section 24a extends inwardly towards the holding space from the first section.
Regarding claim 7, Parnell ‘636, as modified, discloses wherein a second section 24b extends inwardly towards the holding space from the first section.
Regarding claim 8, Parnell ‘636, as modified, discloses wherein distal ends of the first and second gripping arms 18/19 cooperate to form a mouth adapted to receive the walking assist device and allow it to be pushed into the holding space (fig. 3).
Regarding claim 11, Parnell “636, as modified, discloses wherein the upper base portion extends above the first and second gripping arms 18/19 and the lower base portion extends below the first and second gripping arms (fig. 2).
Regarding claim 12, Parnell ‘636, as modified, where Lee ‘334 discloses wherein a securing aid could be positioned on the front surface of the upper base portion, as so modified. Noting that Aube ‘854 teaches using multiple recesses holding securing aids at various portions of the clamp.
Regarding claim 17, Parnell ‘636 discloses, comprising: positioning the apparatus on a first support using the hook 16 to secure the apparatus thereto; positioning the walking assist device between the first and second gripping arms 18/19 (fig. 3); and pushing the walking assist device into a holding space created between the first and second gripping arms 18/19.
Claim(s) 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 7,533,854 to Aube in view of US 8,960,616 to Gibbons.
Regarding claim 19, Aube ‘854 teaches an apparatus adapted to secure a walking assist device therein, comprising: a base 20 having an upper base portion, a lower base portion, and a middle base portion positioned between the upper and lower base portions (figs. 4, 6 and 7); a recess formed in a front surface of the middle base portion (figs. 2 and 4); a securing aid (rivets – col. 5, lines 39-40) disposed in the recess; a first gripping arm 24 extending outwardly from a first side of the base 20 and protruding forward of a front surface of the base 20, the first gripping arm including a first groove 64 (note the grooved section that forms 64 – fig. 2) formed therein; and a second gripping arm 24 extending outwardly from a second side of the base and protruding forward of the front surface of the base, the second gripping arm 24 including a second groove formed therein (note the other grooved section that forms 64 – fig. 2) , wherein the first and second gripping arms 24 form a holding space therebetween (fig. 3) – noting that the holding space is configured to secure a walking assist device (which is shaped like pole 14) therein, thereby securing the walking assist device to the support.
Gibbons ‘616 discloses a base 12 including a hook 52a extending outwardly from a rear surface of the middle base portion and adapted to secure the apparatus to a support, the hook 52a including a rectangular top portion extending perpendicular to the base and an end portion extending perpendicular from the rectangular top portion (fig. 3C).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the base taught in Aube ‘854 with the hook taught in Gibbons ‘616 in order to hang the base relative to a surface.
Claim(s) 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 7,533,854 to Aube in view of US 8,960,616 to Gibbons as applied to claim 19 above, and further in view of US 4,998,277 to Rioux, Jr.
Regarding claim 20, Aube ‘854 discloses a base portion 20 including a securing aid (rivets – col. 5, lines 39-40) on the front middle base portion.
Rioux ‘277 teaches a base portion 10, wherein the upper base portion is positioned above the first and second gripping arms 28 and the lower base portion is positioned below the first and second gripping arms 28 – in that the base portion of Rioux ‘277 is elongated.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further modify the base taught in Aube ‘854 with the elongated base taught in Rioux ‘277 in order to offer more support to the object being held.
Further, Aube ‘854 could teach a securing aid is positioned on the front surface of the upper base portion as needed. Noting that Aube ‘854 teaches a plurality of securing aids with various configurations. Also, it has been held that rearranging parts of an invention involves only routine skill in the art. In re Japiske, 86 USPQ 70.
Claim(s) 21 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 4,998,277 to Rioux, Jr. in view of US 2013/0170823 to McDonald et al.
Regarding claim 21, Rioux ‘277 discloses an apparatus adapted to secure a walking assist device therein, comprising: a base 18 having an upper base portion, a lower base portion, and a middle base portion positioned between the upper and lower base portions; a recess 58 formed in a front surface of the middle base portion (slot 58 extends between the middle and lower portions); a hook 19 extending outwardly from a rear surface of the base 18 and adapted to secure the apparatus to a support, the hook including a rectangular top portion 20 extending perpendicular to the base and an end portion 21 extending from a distal end of the rectangular top portion 20, the end portion 21 extending parallel to the base 18; a gap formed between the rear surface of the base 18 and the hook 19, the gap receiving the support therein to secure the apparatus to the support; a first gripping arm 28 and a second gripping arm 28.
McDonald ‘823 discloses a first gripping arm 114 extending outwardly from a first side of the base 112 and protruding forward of a front surface of the base, the first gripping arm including a first section extending from the first side of the base, a second section extending outwardly from the first section, a third section extending outwardly from the second section, and a first groove 120 formed therein at an intersection between the first and second sections of the first gripping arm, the first groove 120 engaging a support positioned along the first side; and a second gripping arm 114 extending outwardly from a second side of the base and protruding forward of the front surface of the base, the second gripping arm including a first section extending from the second side of the base 112, a second section extending outwardly from the first section, a third section extending outwardly from the second section, and a second groove 120 formed therein at an intersection between the first and second sections of the second gripping arm 114, the second groove engaging a support positioned along the second side, wherein the first and second gripping arms 114 form a holding space therebetween to secure an object, including a walking assist device, as so desired, therein, thereby securing the walking assist device to the support.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further modify the arms taught in Rioux ‘277 with the arm configuration having a recess as taught in McDonald ‘823 in order to support a device, including a walking assist device, relative to the base.
Allowable Subject Matter
Claim 18 is 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.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MONICA E MILLNER whose telephone number is (571)270-7507. The examiner can normally be reached M-F 8am-4:00pm.
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/MONICA E MILLNER/Primary Examiner, Art Unit 3632