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 .
DETAILED ACTION
Claims 1 – 20 have been examined.
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 4 and 16 – 18 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 4 recites the limitation "the index finger" in line 3. There is insufficient antecedent basis for this limitation in the claim.
Claim 4 recites the limitation "the thumb" in line 3. There is insufficient antecedent basis for this limitation in the claim.
Claim 4 recites the limitation "the other digits" in line 3. There is insufficient antecedent basis for this limitation in the claim.
Claim 16 recites the limitation "the digits" in line 19. There is insufficient antecedent basis for this limitation in the claim.
Claim 16 recites the limitation "the hand" in line 19. There is insufficient antecedent basis for this limitation in the claim.
Claim 17 recites the limitation "the index finger" in line 2. There is insufficient antecedent basis for this limitation in the claim.
Claim 17 recites the limitation "the thumb" in line 2. There is insufficient antecedent basis for this limitation in the claim.
Claim 17 recites the limitation "the other digits" in line 3. There is insufficient antecedent basis for this limitation in the claim.
Allowable Subject Matter
Claims 1 – 3, 5 – 15, and 19 – 20 are allowed.
Claim 16 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 4 and 17 – 18 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.
The following is a statement of reasons for the indication of allowable subject matter: Wells (5,549,330) discloses a ground contact device similar to the instant invention; however Wells, either alone or in combination, neither discloses nor suggests a ground contact device comprising (in regard to claim 1) a first retaining surface connected to the body by an elastic portion, the handgrip comprising a second retaining surface interacting with the first retaining surface in order to keep the locking element in the locked position, the handgrip comprising an opening adapted to accept the locking element, the second retaining surface being formed on one edge of said the opening, and (in regard to claim 16) a first retaining surface connected to the body by an elastic portion, the handgrip comprising a second retaining surface interacting with the first retaining surface in order to keep the locking element in the locked position, the locking element comprising an appendage on which the first retaining surface is formed, the appendage further comprising a first bearing surface adapted to be actuated by a user in order to move the first retaining surface away from the second retaining surface, the first bearing surface being a manual-actuation surface accessible to digits of a hand. These limitations, in combination with each and every other independent claim limitation, are not shown in the currently cited prior art.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Wells (5,549,330) discloses a quick release ski pole and strap system;
Lenhart (8,079,617) discloses a pole grip;
Lenhart (8,579,329) discloses a pole grip;
Nino (EP1970105) discloses a ski pole handgrip;
Schumann et al. (DE202017100469) disclose a stick handle;
Schumann et al. (DE202017101413) disclose a stick handle.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOHN DANIEL WALTERS whose telephone number is (571)272-8269. The examiner can normally be reached M-F, 8 am - 5 pm (PT).
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/JOHN D WALTERS/Primary Examiner, Art Unit 3613