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 .
Election/Restrictions
Applicant’s election without traverse of Invention I in the reply filed on 1/29/2026 is acknowledged.
Claims 19-20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected Invention II, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 1/29/2026.
Claim Objections
Claim 2 is objected to because of the following informalities: the word “A” in line 2 should not be capitalized. 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 3-4 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. Cls. 3-4, the limitation “the convex surface is curved/angled” renders the claim indefinite in the Examiner’s position. Applicant defines the inner edge as being convex (see Line 3 of Claim 1) and the term “convex” is defined as curved or rounded outward like the exterior of a sphere or circle. Re. claim 3, it is unclear how the claim would further modify claim 1 by stating that the convex surface is curved since a convex surface is inherently curved. Re. claim 4, it is unclear how a curved surface could be angled since it appears that Applicant intends the angled configuration to be an alternate configuration to the curved configuration. In general, it appears as if the Applicant has a different definition of the term “convex” than what is generally understood but no specific definition is given in the specification. It is suggested that the Applicant amend claim 1 to more broadly describe the inner edge so that it encompasses both the angular configuration and curved configuration (i.e. a protruding inner edge) to overcome this issue.
Claims 3-4 recites the limitation "the convex surface" in Line 1. There is insufficient antecedent basis for this limitation in the claim. It is suggested that the Applicant amend this to read “the convex inner edge” to overcome this issue.
Claim Rejections - 35 USC § 102
As an initial note, it is the Examiner’s position that the effective filing date of the claimed invention is 3/29/2024. While Applicant claims priority to application 17/852834, the claimed subject matter is not included in the earlier filed application. Applicant’s claims are directed towards the structures shown in Figs. 27-30 which are not included in the earlier filed application. Therefore, the effective filing date of the claimed invention is the filing date of this application which is 3/29/2024.
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 1, 3-8, 10-11, 13-15 and 17 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Jenkins US 2024/0293133 (hereinafter Jenkins).
Re. Cl. 1, Jenkins discloses: An adjustment apparatus (see Fig. 2) for adjusting a position of an element along an elongated member (see Fig. 2, the members 111, 120, 130 are capable of being used in the claimed intended use in the same manner as adjusting 180 relative to 110), comprising: an elongated user pressable button (120, Fig. 2-3) having a convex inner edge (see 122 Fig. 3, the bottom inner edge of 120 is convex or curved outward); an elongated gear (113, Fig. 2) along an interior of the elongated member (see Fig. 2); a sliding mechanism (130, Fig. 2 and 4) mounted in the elongated member with a rack gear (132, Fig. 4) engaging the elongated gear (see Fig. 1-2); a spring (147, Fig. 6) attached to a support structure for the element (see Fig. 1-2, the device is capable of being used in the claimed intended use) and biasing the rack gear against the elongated gear (see Fig. 1-2 and 6); a first pin (131, Fig. 4) connecting a first portion of the elongated user pressable button to the sliding mechanism (see Fig. 2 and 6); and a second pin (other 131, Fig. 4) connecting a second portion of the elongated user pressable button to the sliding mechanism (see Fig. 1-2 and 6).
Re. Cl. 3, Jenkins discloses: the convex surface is curved (see Fig. 2 and 3, the bottom edge of 122 is curved at the corners).
Re. Cl. 4, Jenkins discloses: the convex surface is angled (see Fig. 2, the sides of the bottom edge of 122 has flat portions which are angled relative to one another).
Re. Cl. 5, Jenkins discloses: the first pin connects to the first portion of the elongated user pressable button midway between a midpoint of the user pressable button and a top of the user pressable button (see Fig. 2 and 6, the pins 131 are located close to but spaced from the ends of 120).
Re. Cl. 6, Jenkins discloses: the second pin connects to the second portion of the elongated user pressable button midway between a midpoint of the user pressable button and a bottom of the user pressable button (see Fig. 2 and 6, the pins 131 are located close to but spaced from the ends of 120).
Re. Cl. 7, Jenkins discloses: teeth on the elongated gear that are angled upward (see Fig. 2, 113 are angled upwards toward the left in the view shown).
Re. Cl. 8, Jenkins discloses: the element is an arm and the second member is a pole (see Fig. 1-2, the device is capable of being used in the claimed intended use).
Re. Cl. 10, Jenkins discloses: a camera connected to an end of the element (see Fig. 1-2, the device is capable of being used in the claimed intended use).
Re. Cl. 11, Jenkins discloses: the element is a device (see Fig. 1-2, the device is capable of being used in the claimed intended use in a similar manner to 110 and 180)
Re. Cl. 13, Jenkins discloses: the element is an arm, and a first portion of the elongated user pressable button extends below the arm (see Fig. 1-2, the device is capable of being used in the claimed intended use by having the button 120 positioned above an arm).
Re. Cl. 14, Jenkins discloses: a second portion of the elongated user pressable button extends above the arm (see Fig. 1-2, the device is capable of being used in the claimed intended use by having the entire button 120 positioned above an arm)..
Re. Cl. 15, Jenkins discloses: a support member connected to the rack gear (see Fig. 4 and 6, center portion of 130 which does not have teeth 132), the rack gear comprising two rack gears on either side of a central portion of the support member (see Fig. 4 and 6), the central portion of the support member being positioned to be pushed by the convex surface of the elongated user pressable button when the elongated user pressable button is pressed by a user (see Fig. 4, by having 131 which connect to 121 in 120, depressing 120 would press 130).
Re. Cl. 17, Jenkins discloses: a majority of the convex surface is angled at between 5 and 10 degrees with respect to vertical (see Fig. 1-2, the entire device is capable of being held at various angles including having the bottom edge of 122 in the claimed range).
Allowable Subject Matter
Claims 2, 9, 12, and 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.
Claim 18 is allowable over the prior art of record.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Webbking US 3327574, Bargen US 2260241, Pan US 2008/0036265, Moyer US 2019/0255683, and Tsai US 2012/0175933 disclose other known adjustment apparatuses which are presented to the Applicant for their consideration.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTOPHER E GARFT whose telephone number is (571)270-1171. The examiner can normally be reached Monday-Friday 8:00 a.m. to 5:00 p.m..
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, Terrell McKinnon can be reached at (571)272-4797. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CHRISTOPHER GARFT/Primary Examiner, Art Unit 3632