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 .
Election/Restrictions
Applicant’s election without traverse of Species A in the reply filed on July 30, 2026 is acknowledged.
Claims 46-48 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected species, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on July 30, 2026.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statements (IDS) submitted on Sept. 12, 2023 and Sept. 15, 2026 have been considered by the Examiner.
Claim Objections
Claims 31-60 should be reviewed for the numerous errors and omissions likely caused during translation. For example, Applicant may wish to choose between “first braking unit” or “first brake unit” for consistency.
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 31-45 and 49-60 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 31 recites the limitation, “a controllable brake”. It is unclear how the brake is controllable and how the claim does or does not infringe on another patent should the brake fails to be controllable. Please clarify.
Claims 32-45 and 49-60 are rejected for their dependence on claim 31.
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.
Claims 31-36 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Tiffany et al. (EP 3474962, see US 10,238,963 for English translation).
Tiffany discloses and shows in Fig. 4 an operating device, comprising:
a support (424);
an operating lever (300/400) pivotably mounted on said at least one support about a first pivot axis via a first pivot bearing (404); and
a controllable brake having a first braking unit (304/604) configured for setting a movement resistance for a movability of said operating lever about said first pivot axis;
said operating lever being configured to only be pivoted together with said first brake unit.
Cl. 32 – said first brake unit is at least partially within said operating lever and/or at least partially on an imaginary axial extension (along axes of one of the damper devices, 412) of said operating lever (Fig. 3).
Cl. 33 – a longitudinal axis of said first brake unit and a longitudinal axis of said operating lever are parallel to one another or lie on a common longitudinal axis (412).
Cl. 34 – said first brake unit has more than half of a longitudinal extent within said operating lever (Fig. 4).
Cl. 35 – said operating lever (314/336) encloses a radial outer side of said first brake unit.
Cl. 36 – said first brake unit and said operating lever are coaxial to one another.
Claims 31, 37 and 51 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Eck et al. (US 2019/0286237).
Eck discloses and shows an operating device, comprising:
a support (2);
an operating lever (4) pivotably mounted on said at least one support about a first pivot axis (X) via a first pivot bearing (within 24.1); and
a controllable brake having a first braking unit (6) configured for setting a movement resistance for a movability of said operating lever about said first pivot axis;
said operating lever being configured to only be pivoted together with said first brake unit (about said first pivot axis).
Cl. 37 – a pivoting movement of said operating lever about said first pivot axis is converted into a rotary movement and the rotary movement is to be braked by said first brake unit (para. 0051).
Cl. 51 – the operating device further comprises at least one second pivot bearing (Fig. 3B, at 28), said operating lever being pivotably mounted about at least a second pivot axis (Y) on said support via said at least one second pivot bearing, and wherein said first brake unit is, with respect to the longitudinal axis of said first brake unit, transverse to a plane which extends parallel to said first pivot axis and second pivot axis.
Allowable Subject Matter
Claims 38-45, 49, 50 and 52-60 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BOBBY RUSHING, JR whose telephone number is (571)270-0501. The examiner can normally be reached Monday - Friday, 8AM-5PM EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Minnah Seoh can be reached at (571) 270-7778. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/BOBBY RUSHING, JR/ Primary Examiner, Art Unit 3618
