DETAILED 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 claimed embodiment of figure 8A-8D, claim 1, states that the first part of the pin end portion has a disk section at a rear end of the first part. The specification and drawings fail to include or show the disc section. Claim 1 states that the second part has a truncated elliptical conical shape. The specification and drawings fail to include or show a reference number indicating the truncated elliptical conical shape. Claim 1 states that the second part includes a disk section at a front end of the second part. The specification and drawings fail to include or show the disk section of the second part. These elements of the figure 8A-8D embodiment must be shown or the features canceled from the claims. 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.
The applicant states that the claims are directed to figures 8A-D embodiment of the invention. Then, amend the figures with reference numeral 46 to indicate a disk section.
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However, this is merely a location and the drawings still fail to show a disk section between the first (41) and second parts (42). The first and second parts appear to be a single solid piece. The rear end of the first part (41) connects to the front end of the second part (42) via a sinusoidal curve as shown in figure 8D.
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A disk has not been shown in the drawings. The drawings must show every claimed feature. Correction is still 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, 5-6, and 8-16 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.
Regarding claims 1, 5-6, and 8-16, the claim is indefinite as to what the “disk section” defines. The specification fails to define the disk section and fails to show what the disk section would encompass in the figures (see objection to drawings). The first and second parts appear to be a single solid piece. The rear end of the first part (41) connects to the front end of the second part (42) via a sinusoidal curve as shown in figure 8D.
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Response to Arguments
Regarding the 112b rejection and the objection to the drawings, the applicant argues that the specification and drawings clearly describe what the disc section is and where it is located. However, as discussed above in the enhanced drawing objection and 112b rejection, there is no disc section shown in the drawings. The newly supplied figures 8A-8D show the location of where a disc section is located, i.e., reference number 46. However, there is no disc section shown in the drawing and it is misdescriptive to claim a disk section between the first part (41) and the second part (42) of the pin end portion. The pin end portion is a single piece of material having a variety of surfaces. A first outer surface, conical shape with an apex, defines the first part (41) and a second outer surface separated from the first outer surface by a sinusoidal-like curve defines the second part (42).
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Therefore, it is misdescriptive to claim that there is a disk section on the rear end of the first part and a disk section on the front end of the second part. I would suggest changing the claims to define how the outer surface of the first part mates with the outer surface of the second part to overcome the 112b rejection.
Allowable Subject Matter
Claim 1 would be allowable if rewritten or amended 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.
Claims 5-6 and 8-16 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
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 JACK W LAVINDER whose telephone number is (571)272-7119. The examiner can normally be reached Mon-Friday 9-4pm (EST).
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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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JACK W. LAVINDER
Primary Patent Examiner
Art Unit 3677
/JACK W LAVINDER/Primary Examiner, Art Unit 3677
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