Notice of Pre-AIA or AIA Status
This is a first office action on the merits for application serial number 18/647,855 filed 4/26/24. Claims 1-20 are pending. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
The drawings are objected to because the view numbers must be larger than the refence numbers (37 CFR 1.84(u)(2). 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.
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they do not include the following reference sign(s) mentioned in the description: 140-142 from [0062] of the specification. 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. 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.
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 1-20 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.
The terms “quickly”, “close”, “far” and “firmly” used throughout the claims are relative terms which render the claims indefinite. The terms are not defined by the claims, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. It is not clear where “quickly” and “firmly” begin and end or how near or far “close” and “far” are.
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 1-6, 16, 17 and 20, as best understood, are rejected under 35 U.S.C. 102(a)(1) as being anticipated by U.S. 2015/0374081 to Wang et al.
With respect to claims 1, 16 and 20, Wang provides a device/walking cane considered to meet a “trekking pole” with a quickly (as best understood) adjustable length, comprising a telescopic strut having an outer tube component 20 and an inner tube component 10, wherein said inner tube component is slidably arranged in said outer tube component, and said inner tube component comprises a connecting end, and said connecting end is provided with an adjusting device; and said inner tube component is internally provided with a transmission component/rod 30, and said adjusting device comprises a fixing component 40 and an expansion component 50, wherein said fixing component has a tapered surface having a first lower end and a second upper end, said fixing component has an axial width gradually increasing from said first end to said second end as own in the figures, said transmission component penetrates through said fixing component, and said transmission component can drive said expansion component away from (Fig.5) or “close” to (Fig.3) said second end, so that said expansion component has radially contracted and expanded state; and wherein, when said expansion component is “far” away from said second end, said expansion component is in a contracted state (Fig.6), and said inner tube component can slide relative to said outer tube component; and when said expansion component is “close” (Figs. 3-4) to and abutted against said second end, said expansion component is in an expanded state, and said outer tube component and said inner tube component are kept in a locked position.
With respect to claim 2, connecting rod 30 is the transmission rod and unit 60 the pressing component.
With respect to claim 3, see spring 45.
With respect to claim 4, see threaded segment 31.
With respect to claim 5, the area between elements 531 and 532 meets an “elastic groove”. See the discussion at [0021].
With respect to claim 6, see resilient ring 54 and the gaps in Fig. 2
With respect to claim 17, the expansion component 50 is inherently made of an elastic material in order to perform its intended function.
Claims 7-15, 18 and 19 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 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 ROBERT CANFIELD whose telephone number is (571)272-6840. The examiner can normally be reached M-F 10-6, some Saturdays.
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, David Dunn can be reached at 571-272-6670. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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ROBERT CANFIELD
Primary Examiner
Art Unit 3636
/Robert Canfield/Primary Examiner, Art Unit 3636
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