DETAILED ACTION
Applicant’s election without traverse of Species 1, Figures 4-6, claims 1-4 and 7-9, in the reply filed on March 31, 2026 is acknowledged.
Claims 5 and 6 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected species, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on March 31, 2026.
Claim Objections
Claims 4 and 7 are objected to because of the following informalities:
In claim 4 (line 3) “having” should recite –has--.
In claim 4 (line 5) “having” should recite –has--.
In claim 7 (lines 1-2) “A method for fitting the adjustable connecting rod to… element as claimed in claim 1, comprising” should recite –A method for fitting the adjustable connecting rod as claimed in claim 2 to… element, comprising--.
For the purpose of examining the application, it is assumed that appropriate correction has been made.
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 1-4 and 7-9 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.
Claim 1 (lines 7-14) recites “wherein the adjustment device further comprises… an intermediate part linking the yoke to the connecting rod body between a pivot link and a helical link, wherein the helical link is configured to allow a translation of the yoke along a pivot axis parallel to the longitudinal axis of the adjustable connecting rod when the intermediate part is rotated by a user about the pivot axis, and wherein the pivot link is configured to allow an angular position of the yoke about the pivot axis to be maintained when the intermediate part is rotated about the pivot axis”.
Claim 1 fails to recite any limitations which enable one to properly determine what structural features define each of the pivot link and the helical link such that the helical link “allows a translation of the yoke along a pivot axis parallel to the longitudinal axis of the adjustable connecting rod when the intermediate part is rotated about the pivot axis” and such that the pivot link “allows an angular position of the yoke about the pivot axis to be maintained when the intermediate part is rotated about the pivot axis”.
It is unclear as to whether the helical link and pivot link are distinct structural elements from the yoke, connecting rod body and intermediate part; or whether the helical link and pivot link are defined by structural features of the yoke, connecting rod body and intermediate part, in which the helical link and pivot link are constituted by the engagement between intermediate part and each of the yoke and the connecting rod body. Accordingly, one is unable to properly determine the metes and bounds of such claim. Claims 2-4 and 7-9 depend from claim 1 and are likewise rejected as being indefinite.
Claim 9 (line 1) recites the limitation "the locking device". There is insufficient antecedent basis for this limitation in the claim.
Examiner notes that “a locking device” is introduced in claim 2 (line 2). Accordingly, claim 7, from which claim 9 depends, should depend from claim 2.
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)(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 1-3 and 7-9 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Thompson et al. (US 2021/0270312).
As to claim 1, Thompson et al. disclose a connecting rod that is adjustable in length extending along a longitudinal axis, comprising:
an adjustment device 18,22 configured to adjust the length of the adjustable connecting rod and articulate the adjustable connecting rod to a first element,
a connecting rod body 14 having a first end comprising the adjustment device and a second end configured to link the adjustable connecting rod to a second element,
wherein the adjustment device further comprises at least one fixing yoke 18 configured to fix the adjustable connecting rod to the first element and an intermediate part 22 linking the yoke to the connecting rod body between a pivot link 24 and a helical link 26,
wherein the helical link is configured to allow a translation of the yoke along a pivot axis parallel to the longitudinal axis of the adjustable connecting rod when the intermediate part is rotated by a user about the pivot axis, and
wherein the pivot link is configured to allow an angular position of the yoke about the pivot axis to be maintained when the intermediate part is rotated about the pivot axis (Figures 1-2).
As to claim 2, Thompson et al. disclose a connecting rod wherein the adjustment device 18,22 further comprises a locking device 34 configured to block the rotation of the intermediate part 22 with respect to the connecting rod body 14 after the yoke 18 has reached a desired position allowing the yoke to be fixed to the first element (Figures 1-2).
As to claim 3, Thompson et al. disclose a connecting rod wherein the pivot link 24 links the intermediate part 22 to the connecting rod body 14, and wherein the helical link 26 links the intermediate part to the yoke 18 (Figures 1-2).
As to claim 7, Thompson et al. disclose a method for fitting the adjustable connecting rod to a first element and to a second element, comprising:
aligning the adjustable connecting rod between the second element and the first element,
aligning the yoke 18 in a desired angular position about the pivot axis with respect to the first element,
rotating the intermediate part 22 of the adjustment device 18,22 by a movement of the helical link 26, the intermediate part being rotated with respect to the connecting rod body 14 by a user to drive a translation of the yoke parallel to the pivot axis until the yoke reaches a desired position allowing the yoke to be fixed to the first element, the pivot link is moved by the rotation of the intermediate part while the angular position of the yoke is maintained, and
fixing the yoke to the first element (Figures 1-2).
As to claim 8, Thompson et al. disclose a method comprising fixing the second end of the connecting rod body 14 to the second element (Figures 1-2).
As to claim 9, Thompson et al. disclose a method comprising locking by the locking device 34 to block the rotation of the intermediate part 22 with respect to the connecting rod body 14 after the yoke 18 has reached a desired position allowing the yoke to be fixed to the first element (Figures 1-2).
Allowable Subject Matter
Claim 4 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 following is a statement of reasons for the indication of allowable subject matter:
As to claim 4, Thompson et al. disclose the claimed connecting rod with the exception of wherein the connecting rod body includes a smooth bore having an axis of revolution coinciding with the pivot axis, the smooth bore having a first end emerging on the first end of the connecting rod body, wherein the intermediate part includes a smooth outer surface, the intermediate part is inserted into the smooth bore to form the pivot link.
There is no teaching or suggestion, absent the applicant’s own disclosure, for one having ordinary skill in the art before the effective filing date of the claimed invention to modify the connecting rod disclosed by Thompson et al. to have the above mentioned elemental features. Furthermore, such modifications would not be obvious.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHAEL P FERGUSON whose telephone number is (571)272-7081. The examiner can normally be reached M-F (10:00 am-7:00 pm EST).
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Anna Momper can be reached at (571)270-5788. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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04/13/26
/MICHAEL P FERGUSON/Primary Examiner, Art Unit 3619
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