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 .
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 4-6 and 8-11 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 Clms 4 and 8: On the outset, the claims are drawn to a “non-uniform thickness bushing”. However, these claims are claiming structures (telescopic assembly with first and second telescopic members) that do not appear to be part of the bushing. It is unclear and indefinite as to how the telescopic members are part of the bushing.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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 1-4 and 7-8 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by CN 210083444, hereafter ‘444.
Re Clm 1: ‘444 discloses a non-uniform thickness bushing (600) for a telescopic assembly used in a vehicle, the non-uniform thickness bushing comprising: a first portion (towards distance D5, see fig 3) on one side of the non-uniform thickness bushing, the first portion having a first thickness; and a second portion (opposing portion) on a side of the non-uniform thickness bushing opposite the side of the first portion, the second portion having a second thickness (as shown at distance D4), wherein the first thickness is greater than the second thickness (as shown in fig 3).
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Re Clm 2: ‘444 discloses a gap (area between the first portion and second portion) located on opposing sides of the non-uniform thickness bushing and between the first portion and the second portion.
Re Clm 3: ‘444 discloses a bushing body (inner surface of bushing) forming a ring with an aperture extending therethrough, wherein the first portion and the second portion extend from the bushing body (portions extend radially outward from inner surface).
Re Clm 4 (as best understood): ‘444 discloses a telescopic assembly (fig 1) having a first telescopic member (200) and a second telescopic member (400) slidably coupled within the first telescopic member, wherein the non-uniform thickness bushing is coupled to an end (bottom end) of the second telescopic member and located between an outer surface of the second telescopic member and an inner surface of the first telescopic member (see fig 1).
Re Clm 7: ‘444 discloses a gap (area between the first portion and second portion) located on opposing sides of the non-uniform thickness bushing and between the first portion and the second portion.
Re Clm 8 (as best understood): ‘444 discloses a telescopic assembly (fig 1) having a first telescopic member (200) and a second telescopic member (400) slidably coupled within the first telescopic member, wherein the non-uniform thickness bushing is coupled to an end (bottom end) of the second telescopic member and located between an outer surface of the second telescopic member and an inner surface of the first telescopic member (see fig 1).
Allowable Subject Matter
Claims 12-20 are allowed.
Claims 5-6, 9, and 10-11 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 following is an examiner’s statement of reasons for allowance / allowable subject matter:
Re Clm 5, 10, 12, and 16: wherein the non-uniform thickness bushing places an axis of the second telescopic member (post) in a position out of coaxial alignment with an axis of the first telescopic member (post) when there is no load on the second telescopic member (post)
Re Clm 9: wherein the first portion and second portion are axially offset from one another along an axis of the second telescopic member.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JONATHAN PETER MASINICK whose telephone number is (571)270-3060. The examiner can normally be reached Monday-Friday 8a-5p EST.
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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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/JONATHAN P MASINICK/ Primary Examiner, Art Unit 3678
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