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 .
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.
Claim 1 is 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. Specifically, it appears from the language of the application that the first and fourth left right adjusting rods cooperate with a single upper fixing member. That does not appear to be the case. Each rod cooperates with a different upper fixing member. Additionally, the sixth adjustment lever and second adjustment lever are “sequentially” provided outside said fifth left right adjustment lever. However, it is both unclear what is meant by sequentially in this context and what is meant by “outside”. Additionally, the seventh adjustment lever and third adjustment lever are “sequentially” provided outside said eighth left right adjustment lever. However, it is both unclear what is meant by sequentially in this context and what is meant by “outside”. Additionally, the claim must be in single sentence format.
The examiner believes claim 1, as well as the remaining claims, suffer from a poor translation. The examiner urges the applicant to Provide a more refined translation with an emphasis on clarity to resolve this rejection. In doing so, applicant is also urged to clean up the grammatical and structural errors which are numerous in the claims (e.g. “and the second and fourth rods and the second and the said fourth rods” in claim 1, random middle sentence capitalizations in multiple claims, numerous claims with multiple sentences [claims 1, 2, 3], using the terms “lever” and “rod” interchangeably and inconsistently throughout the claims, amongst other issues).
Prior Art Rejections
The examiner does not believe the claims to be in proper form for examination.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to EREZ GURARI whose telephone number is (571)270-1156. The examiner can normally be reached Monday-Friday 8:00AM-6:30PM.
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/EREZ GURARI/ Primary Examiner, Art Unit 3614