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 .
Specification
The disclosure is objected to because of the following informalities: the disclosure is replete with grammatical errors not providing the proper articles “a” or “the” to support the elements of the rotary control clutch. For example, in page 4, the fourth paragraph, the recitation “top cover 10, control component 20, spool 30, and base 40; the top cover 10 is fixedly provided with control member 11, when rotating the top cover 10, the control member 11 can be driven to move” should be amended with -- a top cover 10, a control component 20, a spool 30, and a base 40; the top cover 10 is fixedly provided with the control member 11, when rotating the top cover 10, the control member 11 can be driven to move --. It is noted there are other instances in the disclosure failing to provide the proper articles supporting the elements of the control clutch. Appropriate correction is required.
Claim Objections
Claims 1, 2 and 4 - 10 are objected to because of the following informalities: the claims are replete with grammatical errors concerning proper antecedent basis. For example, in claim 1, line 3, the recitation “control disk” should be replaced with -- a control disk -- and the recitation “spool” (line 6) should be replaced with -- a spool --. It is noted there are other instances in the claims wherein the articles “a” or “the” are required to provide proper grammatical construction. See claim 1, line 7, the recitation “middle part of control disk” should be replaced with -- middle part of the control disk --.
Claim 1 is further objected to because of the following informalities: the recitation “cooperate with other” (line 8) should be replaced with -- cooperate with each other --. 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.
Claims 1 and 4 - 10 are 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 1 recites the limitation "the middle part of control disk" in line 7. There is insufficient antecedent basis for this limitation in the claim.
Claims 4 - 10 depend from claim 1 and therefore are also rejected under this section.
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, 2 and 4 - 10, as best understood, are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Burt et al., US 2020/0345107.
Regarding claim 1, Burt discloses an escapement rotary control clutch, comprising a top cover (105), which is fixedly provided with a control member (182); a control component (104), said control component (104) comprises control claws (167, 168) and a control disk (155), control claws (167, 168) being rotatably mounted on the control disk (155); first engagement structures (153, 154) are provided on a peripheral edge of the control disk (155); a spool (103), said spool (103) comprises control portions (133) and a winding portion (134) [for rope to enwind], the control portions (133) passing through the middle part of the control disk (155), so as to make the control claws (167, 168) and the control portions (133) cooperate with other; a base (106), the top cover (105) and the base (106) enclosing an accommodation space, both of the control component (104) and the spool (103) being provided in the accommodation space; a second engagement structure (102) is provided in the upper portion of the base (106), and the first engagement structure (153/154) is unidirectionally engaged with the second engagement structure (102), so that the control component (104) can be rotated only along the base (106) unidirectionally; wherein, said control claws (167, 168) have two oppositely provided end portions (165, 166), one end portion being an engaging portion (166), the other end portion being a disengaging portion (165); the rotation of top cover (105) drives the control member (182) to rotate, so that the control member (182) is set against any one end portion of the control claw (167, 168); when the control member (182) is pressed against the engaging portion (166), the control member (182) is engaged with the control portion (133); when the control member (182) is pressed against the disengaging portion (165), the control member (182) is separated from the control portion (133).
Claim language set in brackets [] set forth above and below in this office action are considered by the examiner to be intended use that fails to further limit the structure of the claimed invention. Since the claimed invention is directed solely to that of the escapement rotary control clutch, the prior art must only be capable of performing the functional recitations in order to be applicable, and in the instant case, the examiner maintains that the rotary closure disclosed by Burt et al. (US 2020/0345107), is indeed capable of the intended use statements. Note that it has been held that a recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus satisfying the claimed structural limitations.
Regarding claim 2, Burt discloses the escapement rotary control clutch of claim 1 wherein said control portion (133) is in the form of gear (see figure 17), and said disengaging portion (165) of said control claw (167/168) is provided with clamping teeth (see figure 25), such that when said control member (182) is pressed against said engaging portion (166), said clamping teeth are made stuck (see paragraph [0049]) against said control portion (133); when said control member (182) is pressed against said disengaging portion (165), said clamping teeth (of the portion 165) are made separated from said control portion (133).
Regarding claim 4, Burt discloses the escapement rotary control clutch of claim 1 wherein said first engagement structure (153/154) is a pawl, and said second engagement structure (102) comprises a plurality of teeth 114, a plurality of said teeth (114) being disposed circumferentially along the inner wall of said base (106) to form a tooth ring (see figure 4).
Regarding claim 5, Burt discloses the escapement rotary control clutch of claim1 wherein limiting members (156, 160) are provided on the periphery of said control disk (155), said limiting members (156, 160) being provided adjacent to said control claws (167, 168).
Regarding claim 6, Burt discloses the escapement rotary control clutch of claim 5 wherein said limiting members (156, 160) are provided in two, and said limiting members (156, 160) are provided opposite each other (figure 24); there are two first engagement structures (157, 169) and are arranged opposite to each other.
Regarding claim 7, Burt discloses the escapement rotary control clutch of claim 1 wherein the middle of said top cover (105) is further provided with a buckle (186), the middle of said spool (103) is provided with a buckle channel (135) for said buckle (186) to pass through, and said buckle channel (135) is internally provided with a buckle platform (see figures 18 and 19) for said buckle (186) to clamp to (see paragraph [0044]).
Regarding claim 8, Burt discloses the escapement rotary control clutch of claim 1 wherein said base (106) comprises a base body (108) and a barrel (120) mounted on said base body (108), said barrel (120) being provided with the first rope hole (a sidewall of the barrel 120 having an open window seen in figure 9; see figure 10 for an upside down view of said window adjacent to the left of element 120) [for the rope to pass through].
Regarding claim 9, Burt discloses the escapement rotary control clutch of claim 8 wherein the bottom of said barrel (120) is provided with clamping member (127), and said base body (108) is provided with bayonet (111/112) for said clamping member (127) to clamp into.
Regarding claim 10, Burt discloses the escapement rotary control clutch of claim 1 wherein the winding portion (134) of said spool (103) is provided with a second rope hole (145) [for the rope to pass through].
Response to Arguments
Applicant's arguments filed June 13, 2025 have been fully considered but they are not persuasive. Applicant has argued that the teeth of engagement structures (23) disclosed in the application are in the same direction, when rotating, only limiting members (24) can drive the rope collection chamber to move in one direction. The argument is found not persuasive because it is more limiting than the claimed invention. It is noted that the features upon which applicant relies (i.e., limiting members 24 and the rope collection chamber) 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).
Regarding claim 5, Applicant argues members (24), in the claws (21) biting control portions (31), provide an effective stop to prevent claws (21) from shaking too much, or dislocation, and the control portions (31) are released. The argument is found not persuasive because it is more limiting than the claimed invention. As rejected, claim 5 requires the limiting members to be provided on the periphery of the control disk and adjacent to the control claws.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See PTO-892 for similar art cited.
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 ROWLAND DO whose telephone number is (571)270-5737. The examiner can normally be reached Monday-Thursday 8:30 - 7:00 PT.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jason San can be reached at (571) 272-6531. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/R.D./ Examiner, Art Unit 3677
/JACK W LAVINDER/ Primary Examiner, Art Unit 3677