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 .
According to the Amendment filed on 6/16/26, Claims 16-29 are withdrawn, and claims 9-15 are examined.
Election/Restrictions
Applicant's election with traverse of species 1: fig. 3 in the reply filed on 6/16/26 is acknowledged. The traversal is on the ground(s) that “The Office states generally that the species have "different design and mode of operation" and would require "a different field of search," but the requirement does not point to particular claim limitations, claim groupings, classifications, or search fields that establish a serious search or examination burden for the claims as pending”. This is not found persuasive because the different mechanisms of the species are mutually exclusive, are not obvious variants (or the Examiner would not have required a species election), and have a different design (here, due to the different mechanisms).
The requirement is still deemed proper and is therefore made FINAL.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 9-15 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claim 9 teaches the new matter issues of the following:
” a receiving base holder comprising a second cylindrical section, having a receiver axis of symmetry, connected to the second cylindrical structure so that the receiver axis of symmetry and the second axis of symmetry are congruent”;
“as to permit the pin grip to rotate about the first axis of symmetry,…….. and the receiving base holder to rotate about the second axis of symmetry.”
Which are different than what the specification teaches, wherein the specification and the drawings teach a receiving base holder 268, fig. 3 comprising a second cylindrical section 264, having a receiver axis of symmetry, connected to the first cylindrical structure 232 so that the receiver axis of symmetry and the first axis of symmetry 240 are congruent; and the pin grip 216 to rotate about the second axis of symmetry 236,…….. and the receiving base holder 268 to rotate about the first axis of symmetry 240.
Claim 15 teaches the following new matter issue “a pin holder configured to retain the pin grip and having a first set of teeth, and wherein the first cylindrical structure has a second set of teeth congruent with and configured to mate with the first set of teeth.”
Which are different than what the specification teaches, wherein the specification and the drawings teach a pin holder 208, fig. 3 configured to retain the pin grip 216 and having a first set of teeth 244, and wherein the second cylindrical structure 228 has a second set of teeth 248 congruent with and configured to mate with the first set of teeth 244.
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 9-15 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 9 recites the limitation " a receiving base holder comprising a second cylindrical section, having a receiver axis of symmetry, connected to the second cylindrical structure so that the receiver axis of symmetry and the second axis of symmetry are congruent”" in lines 14-16, should read as follow “a receiving base holder comprising a second cylindrical section, having a receiver axis of symmetry, connected to the first cylindrical structure so that the receiver axis of symmetry and the first axis of symmetry are congruent”.
Claim 9 recites the limitation "“as to permit the pin grip to rotate about the first axis of symmetry,…….. and the receiving base holder to rotate about the second axis of symmetry" in lines 25-27, should read as follow “as to permit the pin grip to rotate about the second axis of symmetry,…….. and the receiving base holder to rotate about the first axis of symmetry.”
Claim 15 recites the limitation " a pin holder configured to retain the pin grip and having a first set of teeth, and wherein the first cylindrical structure has a second set of teeth congruent with and configured to mate with the first set of teeth. " in lines 1-4, should read as follow “a pin holder configured to retain the pin grip and having a first set of teeth, and wherein the second cylindrical structure has a second set of teeth congruent with and configured to mate with the first set of teeth”
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the “ a receiving base holder comprising a second cylindrical section, having a receiver axis of symmetry, connected to the second cylindrical structure so that the receiver axis of symmetry and the second axis of symmetry are congruent”;…..“as to permit the pin grip to rotate about the first axis of symmetry,…….. and the receiving base holder to rotate about the second axis of symmetry.” (as for claim 9) , and “a pin holder configured to retain the pin grip and having a first set of teeth, and wherein the first cylindrical structure has a second set of teeth congruent with and configured to mate with the first set of teeth.” (as for claim 15) must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SAMEH RAAFAT BOLES whose telephone number is (571)270-5537. The examiner can normally be reached 9-5 pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kevin Truong can be reached at 571-272-4705. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SAMEH R BOLES/Primary Examiner, Art Unit 3775
Prosecution Insights