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 17-32 are pending in the application.
In the Preliminary Amendment filed 29 March 2024, claims 1-16 were cancelled and new claims 17-32 were added. These amendments have been made.
Abstract
Applicant is reminded of the proper language and format for an abstract of the disclosure.
The abstract should be in narrative form and generally limited to a single paragraph on a separate sheet within the range of 50 to 150 words in length. The abstract should describe the disclosure sufficiently to assist readers in deciding whether there is a need for consulting the full patent text for details.
The language should be clear and concise and should not repeat information given in the title. It should avoid using phrases which can be implied, such as, “The disclosure concerns,” “The disclosure defined by this invention,” “The disclosure describes,” etc. In addition, the form and legal phraseology often used in patent claims, such as “means” and “said,” should be avoided.
The abstract of the disclosure is objected to because of the following informalities:
The abstract is objected to because it uses phrases which can be implied (“The present disclosure relates to” in the first sentence”).
A corrected abstract of the disclosure is required and must be presented on a separate sheet, apart from any other text. See MPEP § 608.01(b).
Drawings
The drawings are objected to because of the following informalities:
In Fig. 2, ref. no. “3” (on the left-hand side of the Figure) is objected to because it does not point to the “connecting member 3”, but rather to a portion of the “first connecting pipe 1”. It appears that this ref. no. should be replaced with either ref. no. “1” to show the “first connecting pipe 1” or with ref. no. “13” to show the “transverse pipe section 13”.
In Fig. 2, ref. no. “4” is objected to because it does not point to the “fourth connecting pipe 4”, but rather to a lower section of the “first connecting pipe 1”. It appears that this ref. no. should either be deleted or replaced with ref. no. “14” to show the “vertical pipe section 14”
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 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 17-32 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.
Re Claim 17: It is not clear if the “first connecting pipe” and the “second connecting pipe introduced in the preamble of claim 17 are meant to be positively claimed as part of the claimed “connecting member” or if they are meant only as a functional limitation related to an intended use of the “connecting member”. The connecting pipes are first introduced in the preamble of the claim as a functional limitation (“for connecting a first connecting pipe with a second connecting pipe”), which appears to indicate that they are not meant to be positively claimed, but rather are only meant as an intended use limitation. However, later portions in the claim further limit the connecting pipes (for example, lines 7-9 of the claim), which appears to indicate that perhaps the connecting pipes are meant to be positively claimed as part of the “connecting member”. Accordingly, the metes and bounds of the claim cannot be determined because the scope of the claim is unclear.
For examination purposes, for this Office Action only, the Examiner will interpret the claims as though the connecting pipes are NOT positively claimed as part of the “connecting member”, but rather are recited only as functional limitations related to an intended use of the “connecting member”.
If this interpretation is correct, the final paragraph of claim 17 should be amended as follows:
--wherein the locking projection is configured to be engaged with a first through hole of the first connecting pipe and a second through hole of the second connecting pipe.--
Clarification and correction are required.
Re Claims 18-32: These claims are considered indefinite because of their dependency from indefinite claim 17.
Re Claim 21: Claim 21 recites the limitation "the connecting end" in lines 1-2. There is insufficient antecedent basis for this limitation in the claim or in claims 20 and 17, from which claim 21 depends.
For examination purposes, for this Office Action only, the Examiner will interpret this limitation as --a connecting end--.
Clarification and correction are required.
Re Claim 22: Similar to claim 17, discussed above, claim 22 presents limitations that further limit the “first connecting pipe”, which appears to indicate that perhaps the first connecting pipe is meant to be positively claimed as part of the “connecting member”. Thus it is unclear of the “first connecting pipe” is meant to be positively claimed or if it is only meant as an intended use recitation.
For examination purposes, for this Office Action only, the Examiner will interpret this claim as though the first connecting pipe is NOT positively claimed as part of the “connecting member”, but rather is recited only as a functional limitation related to an intended use of the “connecting member”.
If this interpretation is correct, the final paragraph of claim 17 should be amended as follows:
--wherein the positioning projection is configured to be engaged with a positioning hole of the first connecting pipe.--
Clarification and correction are required.
Examiner notes that any prior art rejections made in this Office Action are made in view of the claims, as best understood by the Examiner, in view of the above indefiniteness rejections.
Claim Interpretation – Functional Language
From the outset, it should be noted that some of the language in the claims is functional in nature. For example, in claims 17-30 the language related to a “first connecting pipe” and a “second connecting pipe” is functional in nature and limited patentable weight is given to this section of the claim. Additionally, Examiner notes that while features of an apparatus may be recited either structurally or functionally, claims directed to an apparatus must be distinguished from the prior art in terms of structure rather than function. Apparatus claims cover what a device is, not what a device does and thus, a prior art device must only be capable of performing the stated function in order to read on the functional limitation. In this instance, the prior art discloses every structural limitation of the claim and thus this limitation fails to distinguish the claimed apparatus from that of the prior art. Please see MPEP 2114.
[Examiner notes that this section of the Office Action does not constitute a rejection or objection, but is merely meant to indicate the manner in which the claims have been interpreted by the Examiner.]
Claim Rejections - 35 USC § 102
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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 17-24, 26, and 28-32 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Tsuchiya (US Patent 7,219,386).
Re Claim 17, as best understood by the Examiner: Tsuchiya discloses a connecting member (30; see Figs. 5-6B) for connecting a first connecting pipe (3) with a second connecting pipe (4), comprising:
a connecting body (31), configured to be arranged in the first connecting pipe (3) and in interference fit with the first connecting pipe; and
an elastic arm (36), connected to the connecting body and provided with a locking projection (37);
wherein, the first connecting pipe (3) is provided with a first through hole (22), the second connecting pipe (4) is provided with a second through hole (42), and the locking projection (37) is configured to be engaged with the first through hole and the second through hole (see Fig. 6A).
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Re Claim 18: Tsuchiya discloses a connecting member (30; see Figs. 5-6B), wherein one end (near 36a; Fig. 5) of the elastic arm (36) serves as a connecting end and is connected to the connecting body (31), and the other end (at 37a) of the elastic arm serves as a free end and extends in a direction perpendicular to a cross section of the connecting body.
Re Claim 19: Tsuchiya discloses a connecting member (30; see Figs. 5-6B), wherein one end (near 36a; Fig. 5) of the elastic arm (36) serves as a connecting end and is connected to the connecting body (31), and the other end (at 37a) of the elastic arm serves as a free end and is provided with the locking projection (37).
Re Claim 20: Tsuchiya discloses a connecting member (30; see Figs. 5-6B), wherein the connecting body (31) has a hollow annular structure.
Re Claim 21: Tsuchiya discloses a connecting member (30; see Figs. 5-6B), wherein the connecting end of the elastic arm is connected to an inner wall (36a) of the connecting body (31).
Re Claim 22: Tsuchiya discloses a connecting member (30; see Figs. 5-6B), further comprising:
a positioning projection (opposite elastic arm 34, including engaging projection 34a), arranged on the connecting body (31) or the elastic arm;
wherein the first connecting pipe (3) is provided with a positioning hole (35; Fig. 6A), and the positioning projection (at engaging projection 34a) is configured to be engaged with the positioning hole (35).
Re Claim 23: Tsuchiya discloses a connecting member (30; see Figs. 5-6B), wherein the positioning projection (34) is arranged on the connecting body (31) and is located (at the intersection of body 31 and arm 34) at a position of the connecting body (at the left-hand side of the body 31, as shown in Figs. 5-6B) close to a connecting end (at the left-hand side, near 36a) of the elastic arm (36).
Re Claim 24: Tsuchiya discloses a connecting member (30; see Figs. 5-6B), wherein the connecting body (31) has a first recess (the gap formed in body 31 in which arm 34 is formed) located on at least one of upper and lower sides (lower side, as shown in Figs. 5-6B) of the connecting body (31), and the positioning projection (34, 34a) is arranged on the first recess.
Re Claim 26: Tsuchiya discloses a connecting member (30; see Figs. 5-6B), further comprising:
a supporting rib (33), arranged on the connecting body (31) and protruding from an outer surface of the connecting body, the supporting rib (33) being configured to be abutted against an inner wall (at 23) of the first connecting pipe (3).
Re Claim 28: Tsuchiya discloses a connecting member (30; see Figs. 5-6B), wherein the connecting body (31) is integrated with the elastic arm (36).
Re Claim 29: Tsuchiya discloses a connecting member (30; see Figs. 5-6B), wherein the connecting member (30) is made of an elastically deformable material.
wherein the locking projection is provided with a wedge surface configured to be pushed against by an inner wall of the second connecting pipe to allow the locking projection being engaged with or disengaged from the second through hole.
Re Claim 30: Tsuchiya discloses a connecting member (30; see Figs. 5-6B), wherein the locking projection (37) is provided with a wedge surface (37d) configured to be pushed against (see Fig. 6B) by an inner wall of the second connecting pipe (4) to allow the locking projection being engaged with or disengaged from the second through hole (42).
Re Claim 31: Tsuchiya discloses a connecting pipe structure (see Figs. 5-6B), comprising a first connecting pipe (3) and a connecting member (30) according to claim 17 (see rejection of claim 17 above).
Re Claim 32: Tsuchiya discloses a detachable frame (see Figs. 5-6B), comprising:
a first connecting pipe (3);
a second connecting pipe (4); and
a connecting member (30) according to claim 17 (see rejection of claim 17 above);
wherein the second connecting pipe (4) is detachably connected to the first connecting pipe (3) by the connecting member (30).
Claims 17-19 and 25-31 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Brletich (US Patent 7,350,999).
Re Claim 17, as best understood by the Examiner: Brletich discloses a connecting member (24; see Figs. 3-7) for connecting a first connecting pipe (for example, as shown for bar 20; Figs. 2 and 8) with a second connecting pipe (see note above related to this functional limitation), comprising:
a connecting body (28), configured to be arranged in the first connecting pipe (20) and in interference fit with the first connecting pipe; and
an elastic arm (26), connected to the connecting body and provided with a locking projection (48);
wherein, the first connecting pipe (20) is provided with a first through hole (44; Fig. 8), the second connecting pipe (see note above related to this functional limitation) could be provided with a second through hole, and the locking projection (48) is configured to be engaged with the first through hole and the second through hole.
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Re Claim 18: Brletich discloses a connecting member (24; see Figs. 3-7), wherein one end (32) of the elastic arm (26) serves as a connecting end and is connected to the connecting body (28), and the other end (34) of the elastic arm serves as a free end and extends in a direction perpendicular to a cross section of the connecting body.
Re Claim 19: Brletich discloses a connecting member (24; see Figs. 3-7), wherein one end (32) of the elastic arm (26) serves as a connecting end and is connected to the connecting body (28), and the other end (34) of the elastic arm serves as a free end and is provided with the locking projection (48).
Re Claim 25: Brletich discloses a connecting member (24; see Figs. 3-7), wherein at least one of left and right sides of the connecting body (28) has an elastic supporting arm (for example, disc-shaped members 74, 76) configured to generate an elastic deformation bending inwards.
Re Claim 26: Brletich discloses a connecting member (24; see Figs. 3-7), further comprising:
a supporting rib (72), arranged on the connecting body (28) and protruding from an outer surface of the connecting body, the supporting rib being configured to be abutted against an inner wall of the first connecting pipe (20).
Re Claim 27: Brletich discloses a connecting member (24; see Figs. 3-7), wherein the elastic arm (26) is provided with a reinforcing rib (50) connected between the locking projection, the elastic arm and the connecting body, or between the locking projection (48) and the elastic arm (26).
Re Claim 28: Brletich discloses a connecting member (24; see Figs. 3-7), wherein the connecting body (28) is integrated with the elastic arm (26).
Re Claim 29: Brletich discloses a connecting member (24; see Figs. 3-7), wherein the connecting member (24) is made of an elastically deformable material.
Re Claim 30: Brletich discloses a connecting member (24; see Figs. 3-7), wherein the locking projection (48) is provided with a wedge surface (40) configured to be pushed against by an inner wall of the second connecting pipe to allow the locking projection being engaged with or disengaged from the second through hole.
Re Claim 31: Brletich discloses a connecting pipe structure (see Fig. 2), comprising a first connecting pipe (20) and a connecting member (24) according to claim 17 (see rejection of claim 17 above).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MATTHEW R MCMAHON whose telephone number is (571)270-3067. The examiner can normally be reached Mon-Fri 9am-5pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Amber Anderson can be reached at (571) 270-5281. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MATTHEW R MCMAHON/Primary Examiner, Art Unit 3678