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 .
Status of the Claims
Claims 1-2 are pending herein.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The Applicant’s foreign filed application provides for a YouTube video (https://www.youtube.com/watch?v=HjmiM9qM9jg) from the listed Inventor available online prior to the filing of the foreign application which is no longer available online via the link provided, however the Applicant should make the content of this video part the application herein (Milojević, Dragan. Roller ski. YouTube [online] [video]. 2021-05-19 (19 May 2021) [retrieved on 2022.07.12]).
The references cited in the PCT international search report have been considered, but will not be listed on any patent resulting from this application because they were not provided on a separate list in compliance with 37 CFR 1.98(a)(1). In order to have the references printed on such resulting patent, a separate listing, preferably on a PTO/SB/08 form, must be filed within the set period for reply to this Office action.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the “fixed on the axle (H) bilaterally and symmetrically relative to the wheel” (Claim 1 – see below 35 USC 112 rejection) and “rotationably inserted" (Claim 1, line 3 and Claim 2, line 2 – see below 35 USC 112 rejection), and “unilaterally fixed to the axle…unilaterally fixed to the disc" (Claim 2, line 2-3), and “one end..other end” (Claim 2, line 4) all options must be shown and labeled or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Objections
Claim 1 is objected to because of the following informalities: the limitation “The assembly” (line 1) should be rewritten as: “An assembly.” Appropriate correction is required.
Claim 1 is objected to because of the following informalities: the limitation “the roller-ski wheel” (line 1) should be rewritten as: “a wheel of a roller-ski.” Appropriate correction is required.
Claim 1 is objected to because of the following informalities: the limitation “characterized by” (line 2) should be rewritten as: “wherein.” Appropriate correction is required.
Claim 1 is objected to because of the following informalities: the limitation “the axle” (line 2) should be rewritten as: “an axle.” Appropriate correction is required.
Claim 1 is objected to because of the following informalities: the limitation “the body of roller-ski” (line 3) should be rewritten as: “a body of the roller-ski.” Appropriate correction is required.
Claim 1 is objected to because of the following informalities: the limitation “the bolt” (line 6) should be rewritten as: “a bolt.” Appropriate correction is required
Claim 1 is objected to because of the following informalities: the limitation “attached to it with its one end” (line 5) should be rewritten to replace it/its with which element the pronoun refers” Appropriate correction is required
Claim 2 is objected to because of the following informalities: the limitation “The invention according to the patent claim 1” (line 1) should be rewritten as: “The assembly according to claim 1.” Appropriate correction is required
Claim 2 is objected to because of the following informalities: the limitation “characterized by” (line 1) should be rewritten as: “wherein.” Appropriate correction is required.
Claim 2 is objected to because of the following informalities: the limitation “the disc” should be rewritten as: “each of the two discs.” Appropriate correction is required.
Claim 2 is objected to because of the following informalities: the limitation “the spring” should be rewritten as: “each of the springs.” 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.
Claim 1-2 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 pre-AIA the applicant regards as the invention. Regarding claim 1, the claim recites the limitation: "the springs", (line 4-5) which is of unclear antecedent basis and therefore renders the claims indefinite. The limitation should most likely be rewritten as “springs.” Appropriate correction is required.
Claim 1-2 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 pre-AIA the applicant regards as the invention. Regarding claim 1, the claim recites the limitation: "the bolt", (line 6) which is of unclear antecedent basis and therefore renders the claims indefinite. The limitation should most likely be rewritten as “a bolt.” Appropriate correction is required.
Claims 1-2 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 pre-AIA the applicant regards as the invention. Regarding claim 12, the claim recites the limitation: "fixed on the axle (H) bilaterally and symmetrically relative to the wheel", which is unclear given the claimed mounting location provided in Claim 1, and therefore renders the claims indefinite. Appropriate correction is required.
Claim 1-2 is 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 pre-AIA the applicant regards as the invention. Regarding claim 1 and 2, the claim recites the limitation: “rotationably inserted" (Claim 1, line 3 and Claim 2, line 2), which are unclear and therefore renders the claims indefinite. It is possible the Applicant intended “rotationally” however the terms are unclear. Appropriate correction is required
Claim 2 is 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 pre-AIA the applicant regards as the invention. Regarding claim 2, the claim recites the limitation: “unilaterally fixed to the axle…unilaterally fixed to the disc" (line 2-3), which is unclear especially given the limitation in Claim 1 to which this claim depends: “bilaterally and symmetrically” which seemingly contracts this attachment and therefore renders the claims indefinite. Appropriate correction is required.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
Claim(s) 1-2 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Karlsen (US PG PUB 2013/0300098 A1).
[Claim 1] Regarding Claim 1, Karlsen discloses: The assembly for absorption of the impact of the roller-ski wheel (See, e.g., Fig.1-8, 100) caused by one-way bearing (I) (See, e.g., Fig.1-8, 11) of the wheel (C) (See, e.g., Fig.1-8, 5) of the roller-ski (A), characterized by the axle (H) (See, e.g., Fig.1-8, 8) of the wheel (C) being rotationably inserted into the body of roller-ski (A) (See, e.g., Fig.1-8, 100+4), while two discs (G) are fixed on the axle (H) (See, e.g., Fig.1-8, 13) bilaterally and symmetrically relative to the wheel (C) (See, e.g., Fig.1-8), with each disc (G) having the springs (E) (See, e.g., Fig.1-8, 7+12) bilaterally and symmetrically attached to it with its one end while being attached to the body of roller ski (A) by the bolt (J) with its other end (See, e.g., Fig.1-8, 9 + unlabeled bolt).
[Claim 2] Regarding Claim 2, Karlsen discloses: characterized by the disc (G) being unilaterally fixed to the axle (H) of the wheel (C) (See, e.g., Fig.1-8), with the axle (H) being rotationably inserted into the roller-ski body (A) (See, e.g., Fig.1-8), while the spring (E) is unilaterally fixed to the disc (G) with its one end (See, e.g., Fig.1-8), while its other end is attached to the body of roller ski (A) by the bolt (J) (See, e.g., Fig.1-8, 9 + unlabeled bolt).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure, and can be found on the attached Notice of References Cited.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JAMES M DOLAK whose telephone number is (571)270-7757. The examiner can normally be reached on 9-530 EST Monday-Friday.
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, J ALLEN SHRIVER can be reached on 303-297-4337. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/JAMES M DOLAK/Primary Examiner, Art Unit 3613