DETAILED ACTION
Representative Figures
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640
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Election of 06 APRIL 2026
Applicant’s election without traverse is acknowledged:
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646
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Applicant’s arguments pertaining to the Election of Species requirement are effective at removing the Election of Species requirement and clarifying the record.
Specification
The specification is objected to as failing to provide proper antecedent basis for the claimed subject matter. See 37 CFR 1.75(d)(1) and MPEP § 608.01(o). Correction of the following is required: There does not appear to be proper antecedent basis for the claimed subject matter recited in dependent claim 10.
Claim Rejections - 35 USC § 112(a)
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.
Claim 10 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.
Claim 10 specifies, “wherein the plurality of fixation members of the second joint configuration are captured between the interior flanged surface and the exterior edge member.” This language does not appear to be discussed in the originally filed disclosure, beyond appearing in dependent claim 10. Absent any discussion of this language, the specification is NOT seen to describe in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, at the time the application was filed, had possession of the claimed invention
Claim Rejections - 35 USC § 112(b)
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.
Claims 1-2 and 5-13 are rejected under 35 U.S.C. 112(b), as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor, regards as the invention.
In claim 1, it is unclear what is intended by “utilizing” or what specific manipulative steps, if any, are intended by this language.
Claims 8-10 now depend from CANCELED claim 4. A claim cannot depend from or further limit a canceled claim. As such, the scope of claims 8-10 is indefinite.
Claim 10 specifies, “wherein the plurality of fixation members of the second joint configuration are captured between the interior flanged surface and the exterior edge member.” It is unclear what is intended by this language. Specifically, it is unclear what is intended by “are captured”. This language does not appear to be discussed in the originally filed disclosure, beyond appearing in dependent claim 10.
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 1-2,5-9 and 11-16 are rejected under 35 U.S.C. 103 as being unpatentable over JP H07-276737 A2.
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The Written Opinion was made of record on 06 NOVEMBER 2023. In the amendment of 06 APRIL 2026, the limitations of former dependent claims 3 and 4 were incorporated into claim 1. The Written Opinion is adopted and incorporated herein by reference as if set forth in full. Analysis of original dependent claims 3 and 4 is made in paragraphs 4 and 5 of the Written Opinion.
Despite being dependent on canceled claim 4, dependent claim 8 is nonetheless taken to depend from claim 1 as amended.
A machine translation of JP H07-276737 A is now being made of record.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ROBERT JAMES POPOVICS whose telephone number is (571) 272-1164. The examiner can normally be reached from 10:00 AM - 6:00 PM.
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, Joseph Del Sole can be reached at (571) 272-1130. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/ROBERT J POPOVICS/ Primary Examiner
Art Unit 1776
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