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 § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1 and 7 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by CN 103355881 (Shi).
Regarding Claim 1, Shi teaches a push-pull walking stick for assisting a user in walking, comprising: a stick body (12) comprising a tip (the end received in 9, see Fig. 3) arranged at one end of the stick body; a wheel holder (1), detachably connected to the tip of the stick body, the wheel holder comprising a connecting part (9), a shaft (3) and a resist structure (2), the connecting part comprising a fixing hole (within 9) to accommodate the tip (see Fig. 3), the shaft being connected to the connecting part and capable of moving along the direction of the stick body, the resist structure being configured on the connecting part and located between the connecting part and the shaft, the wheel holder further comprising a first clamping arm (6 on one side) and a second clamping arm (6 on the opposite side) disposed opposite to the connecting part, the shaft being arranged cross the first clamping arm and the second clamping arm, the resist structure and the wheel being located between the first clamping arm and the second clamping arm, the first clamping arm having a first elongated hole (5) and the second clamping arm having a second elongated hole (5), the first elongated hole and the second elongated hole extending along the direction of the stick body and being corresponding to each other, two ends of the shaft being respectively arranged in the first elongated hole and the second elongated hole to move in the first elongated hole and the second elongated hole, the wheel holder including two cover plates (the outer ends of 3, see Fig. 2) respectively configured on the outer surfaces of the first clamping arm and the second clamping arm and covering the first elongated hole and the second elongated hole, and a wheel (4), configured on the shaft to rotate around the shaft, the wheel being configured to contact the ground; wherein, when the stick body applies force by the tip to the ground, the shaft moves toward the stick body and the resist structure resists against the wheel to stop the wheel from rotating; when the tip is located behind the user and the stick body moves forward with the user's pace, the shaft moves away from the stick body and the wheel rolls along the ground.
Regarding Claim 7, Shi teaches that the distance between the first and second clamping arms is corresponded to the width of the wheel (insofar as the space between the arms is such that the wheel is accommodated therebetween).
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.
Claims 2 and 3 are rejected under 35 U.S.C. 103 as being unpatentable over Shi as applied to Claim 1 above in view of Kidd et al. in US Patent 5174633. Shi is silent on the use of hubs in the wheel. Kidd teaches a wheel (77), wherein the wheel includes two hubs (13/14) arranged opposite to each other, the hubs respectively has a through hole, the wheel is configured on a shaft (12) by the through holes of the hubs, wherein the hubs respectively include a protruding structure (such as 250) protruding from the through hole, and the shaft includes a recess structure (24), when the wheel is configured on the shaft, the protruding structures of the hubs are limited in the recess structure (see Fig. 1). 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 device of Shi by using a wheel with hubs as taught by Kidd in order to provide a smoother rolling wheel.
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Shi as applied to Claim 1 in view of DE 102004004061 (Heiland). Shi is silent on the attachment between the stick body and the connecting part. Heiland teaches a stick body with a tip (2) that includes a buckle structure (the end of 2) and a connecting part that includes a buckle ring (5) matching the buckle structure, and the buckle ring is configured to be attached on the buckle structure to fix the wheel holder on the stick body. 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 device of Shi by using a buckle ring/buckle structure as taught by Heiland in order to securely attach the device to the stick.
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Shi as applied to claim 1 above in view of Heim in US Patent 10517361. Shi is silent on the use of a fender. Heim teaches a walking stick with a fender (11) and a bottom pad (21), and the stick body has an external thread (6), the fender has a hole with an internal thread (15) matching the external thread, the fender is configured on the stick body through the internal thread, and the bottom pad has a groove structure for accommodating the tip of the stick body. 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 device of Shi by adding a fender and bottom pad as taught by Heim in order to allow the user to customize the tip of the walking stick for different surface conditions.
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Shi as applied to Claim 1 above in view of Gairdner in US Patent 5938240. Shi is silent on the details of the shaft. Gairdner teaches a push-pull walking stick including a stick body (16) that is a telescopic stick (18a/b). 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 device of Shi by using a telescopic stick as taught by Gairdner in order to allow the user to customize the length to their preference.
Response to Arguments
Applicant's arguments filed 9/18/2025 have been fully considered but they are not persuasive.
In response to applicant's argument that the references (Shi) fail to show certain features of the invention, it is noted that the features upon which applicant relies (i.e., cover plates that “prevent foreign substances from entering into the elongated holes” or that “fully cover” the elongated holes) are not recited in the rejected claim(s). Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993).
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 NOAH C. HAWK whose telephone number is (571)272-1480. The examiner can normally be reached M-F 9am to 5:30pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, David Dunn can be reached at 5712726670. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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NOAH C. HAWK
Primary Examiner
Art Unit 3636
/Noah Chandler Hawk/Primary Examiner, Art Unit 3636