Notice of Pre-AIA or AIA Status
This is a first office action on the merits for application serail number 18/584,982 filed 2/22/24 as a C-I-P of application serail number 17/729,571 which has issued as U.S. Patent 11,957,223. Claims 1-16 are pending. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
The information disclosure statement (IDS) submitted on 2/22/24 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement has been considered by the examiner.
The drawings are objected to because:
Reference number 114o mentioned in at least paragpgh [0065] is not found;
In figure 2 there are two refences numbers 1270’, it appears one them should be 1270 to agree with the specification; and
The exploded views in each of figures 4A, 4B, 12A, 12B, 15A, 15B. 16A, 16B and 17A-17F must be bracketed “}”.
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 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 1, 10 and 13 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by U.S. Patent 6,203,063 to Bujold et al.
Bujold provides an adjustable grip system for use with an athletic or “trekking” pole(col.1, ln. 16 recites “hiking”) comprising: a first portion 8 having a first end configured to interconnect with a first shaft 1, and a second end of the first portion interconnected with a first end of a second portion 7 at a joint, wherein the joint is configured to permit rotation of the second portion in relation to the first portion about a first axis (see Fig. 4), wherein the joint further comprises a spring 6 or “first locking mechanism” configured to constrain the rotation of the second portion in relation to the first portion when the first locking mechanism is engaged (via its compressive force); the second portion further comprises a second shaft 7A comprising a second axis, different than the first axis, extending away from the joint; the second shaft configured to have a grip 4/4A interconnected thereto wherein the grip comprising a longitudinal recess configured to receive the second shaft slidably therein (col. 2, lns 31-32 and figures); and wherein the grip is constrained to the second shaft with a fastener 18 extending from an external aspect of the grip to interconnect with the second shaft and coaxially aligned with the second axis as required by claim 10.
With respect to claim 13, see the system of splines of Figured 10A and 10B for minimizing rotation.
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 and 10 are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent 6,664,328 to Lenhart in view of U.S. Patent 6,203,063 to Bujold et al.
Lenhart provides an adjustable grip system for use with a stick such as a walking stick or ski pole (col. 1, lns. 6-15) considered to meet “a trekking” pole” comprising: a first portion 127 having a first end configured to interconnect with a first shaft 114, and a second end of the first portion interconnected with a first end of a second portion or “clevis” [cl.2] 137 at a joint 123, wherein the joint is configured to permit rotation of the second portion in relation to the first portion about a first axis (see Figs. 6A/B), wherein the joint further comprises a first locking mechanism 121 configured to constrain the rotation of the second portion in relation to the first portion when the first locking mechanism is engaged; the second portion further comprises a second shaft 118 comprising a second axis, different than the first axis, extending away from the joint; the second shaft configured to have a grip 134 interconnected thereto wherein the grip comprising a longitudinal recess configured to receive the second shaft slidably therein (Fig.7).
Lenhart fails to specify that the grip is constrained to the second shaft with a fastener extending from an external aspect of the grip to interconnect with the second shaft and coaxially aligned with the second axis as required by claim 10.
Bujold teaches that it was known at the of the effective filing date of the invention that a grip may be constrained to the second shaft with a fastener 18 extending from an external aspect of the grip to interconnect with the second shaft.
It would have been obvious at the time of the effective filing date of the invention to one having ordinary skill in the art that a fastener such as the button head screw 18 of Bujold could have been provided to fasten the grip of Lenhart to the end of shaft 118 as suggested by Bujold and suggested by the cross sectional recess shown in the top of the grip of Lenhart. In accordance with MPEP 2125 . The drawings must be evaluated for what they reasonably disclose and suggest to one of ordinary skill in the art. In re Aslanian, 590 F.2d 911, 200 USPQ 500 (CCPA 1979).
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Moreover, all the claimed elements are known in the prior art and one skilled in the art would have combined the elements at the time of the effective filing date of the invention as claimed by known methods with a reasonable expectation of success with no change to their respective functions, and the combination would have yielded predictable results to one having ordinary skill in the art of using a fastener from the outside of a grip for securing to the upper end of trekking pole.
Claims 3-9, 11, 12 and 14-16 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Note:
U.S. Patent 4,061,347 to Stern et al. teaches using a fastener 34 to attach a grip 29 to a pole from the outside.
U.S. Patent 45,114,186 to Sugiyama teaches using a fastener/bolt to attach a grip 2 to a pole from the outside (col.5, lns.1-10).
U.S. Patent 12,514,348 to Liu.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ROBERT CANFIELD whose telephone number is (571)272-6840. The examiner can normally be reached M-F 10-6, some Saturdays.
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, David Dunn can be reached at 571-272-6670. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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ROBERT CANFIELD
Primary Examiner
Art Unit 3636
/Robert Canfield/Primary Examiner, Art Unit 3636
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