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 .
Specification
The disclosure is objected to because of the following informalities:
Page 4, lines 16, “craw” should be “claw”.
Page 8, lines 12, “craws” should be “claws”.
Page 9, lines 3, “craws” should be “claws”.
Page 9, lines 8, “craw” should be “claw”.
Appropriate correction is required. Applicant should review the entire specification for any other typographical errors for correction before allowance.
Claim Objections
Claim 1 objected to because of the following informalities:
Claim 1, line 7, “a tongs” should be “a set of tongs”.
Claim, lines 8-9, “the tongs” should be “each set of tongs”
Claim 1, line 29, it appears “as the object” should be removed.
Claim 5, line 9, it appears the word “the” should be removed.
Claim 5, line 10, it appears the words “provided at both” should be deleted and replaced with the single word “the”.
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.
Claims 1, 3, 5-6 and 9-10 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.
With respect to independent claim 1, lines 30 and 33, the recitation “wherein the tongs housing” renders the claim indefinite as it is not clear if the applicant is referring to the tongs housing of just one of the fixing parts, or if the applicant is referring to both of the tongs housings. In the instance of the former, applicant may identify which of the tongs housings (first or second) they are referring to, or in the instance of the ladder, they may amend the language to “wherein each of the tongs housings”. Again this issue is present in both lines 30 and 33 of claim 1.
Similarly, claim 1, line 36 it is not clear if the applicant is referring to a single set of claws of one of the fixing parts, or if the applicant is referring to both of the pairs of claws. As with claim 1, if the applicant is referring to a single pair of claws of a particular fixing part (first or second) applicant should clearly identify which fixing part; and if they are referring to both pair of claws they can amend the claim language to “wherein each of the pair of claws”.
Claim 1 line 39 is not clear if the applicant is referring to both sets of tongs, or just one set of tongs. If the applicant is referring to both sets of tongs it seems the claim language should not only refer to each of the tongs but also that they grip the object or fixed head. Similar issue is present in line 41 (“object or fixed head”).
With respect to claim 3 the current claim language suggests that there are a plurality of mounting members 200 coupled to each of the fixing members 100. Appropriate correction is required to clarify that there is just one mounting member per fixing member.
Dependent claims not directly named are rejected for being dependent upon a rejected claim.
Appropriate correction and clarification are required.
Allowable Subject Matter
Claims 1, 3, 5-6 and 9-10 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.
Response to Arguments
While applicant amended the claims in an effort to overcome the previous 112(b) rejections, the amendments still create issues of indefiniteness in the claim language that needed correction and clarification before allowance.
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 COLLEEN M CHAVCHAVADZE whose telephone number is (571)272-6289. The examiner can normally be reached M-F 8:00AM-4:00PM.
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, Daniel Cahn can be reached at 571-270-5616. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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COLLEEN M. CHAVCHAVADZE
Primary Examiner
Art Unit 3634
/COLLEEN M CHAVCHAVADZE/Primary Examiner, Art Unit 3634
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