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.
Claims 1, 2, 6, 14-16, and 20 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 enablement requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to enable one skilled in the art to which it pertains, or with which it is most nearly connected, to make and/or use the invention. As best understood for the elected species, the only threaded hole into which the threaded bolt 40 engages is nut 50. There are no other threaded apertures described in the disclosure. Elements 11 and 14 are fixedly secured to tube 15 by screws 60. Element 18 is also fixedly secured to tube 15 by another screw 60. Therefore, the length of the assembly including elements 11, 14, 15, and 18 is fixed. Turning the bolt 40 will not change the length of that assembly. If threaded adjustment nut 50 is fixed to the assembly, turning the length manipulating bolt 40 will only tighten the bolt to the assembly further. If the nut 50 is not attached to the assembly, turning the bolt 40 will only spin the nut 50 – there is no means to prevent rotation of the nut. One way for the rotation of the manipulating bolt 40 to affect extension L is to have a threaded opening in element 20 such that the rotation of the bolt 40 can move the bolt (and with it the assembly 11/14/15/18/50) in and out of the element 20 (in the manner of Chen in US Publication 2007/0220746). There is no disclosure of such a threaded opening in element 20. Another way for the rotation of the bolt 40 to affect extension L would be for the assembly 11/14/15/18/50 to slide along the bolt 40 if the inner end of the bolt were fixed within 20 (in the manner of DE 9410961 U1). There is no disclosure of such a fixed arrangement. The broadest reasonable interpretation of the system would include a threaded opening into and out of which manipulating bolt 40 can be screwed. The specification does not disclose enough information for one of ordinary skill in the art to use the device to adjust a telescoping length of the first adjustment assembly with respect to the second adjustment assembly. The state of the art at the time of filing shows that a fixed length assembly with a free rotating nut would not provide a length adjustment means and the specification does not provide direction as to how to solve the problem. Taking these factors into consideration, undue experimentation would be required by one of ordinary skill in the art to practice the full scope of Claim 1. Thus, the claims are not considered enabled by the disclosure.
Allowable Subject Matter
Claims 1, 2, 6, 14-16, and 20 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), 1st paragraph, set forth in this Office action.
Response to Arguments
Applicant's arguments filed 8/5/2026 have been fully considered but they are not persuasive.
The applicant relies on aperture 13 to provide the length adjusting means not found elsewhere in the disclosure. The applicant argues that aperture 13 is “’configured and dimensioned to house the at least one length manipulating bolt’s 40 head’” The applicant further argues that “the head of bolt 40 must be retained with aperture 13 in a manner permitting rotation while preventing axial disengagement from assembly 10.” The examiner agrees with these assertions. Bolt 40 is indeed axially retained within aperture 13 and with elements 11, 14, 15, and 18 as set forth above. Turning the bolt while it is engaged with these elements does not appear to do anything with respect to the length of the device other than to spin the bolt within the assembly. To provide some length adjustment, the bolt must be rotated with respect to a nut or threaded hole that is stationary so that the bolt moves in or out, thus adjusting the position of assembly 11/13/14/15/18/40 etc. (Assembly A). As explained above, the only threaded hole into which bolt 40 is engaged is the internal hole of element 50, and indeed, the only threaded hole described in the disclosure is that of element 50. Because nut 50 is not fixed against rotation, there is nothing that would prevent the nut from spinning freely along with Assembly A. As such, the claims are not considered enabled by the disclosure and the rejection is maintained.
Conclusion
THIS ACTION IS MADE FINAL. 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.
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, 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 C. Hawk/Primary Examiner, Art Unit 3636
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