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 with traverse of Species H, the writing device shown in Figures 37-41, in the reply filed on 21 October 2025 is acknowledged.
The traversal is on the ground(s) that the species are interrelated and possess unity. This is not found persuasive. Interrelated species may be restricted when the species are mutually exclusive. Claims to different species are mutually exclusive if one claim recites limitations disclosed for a first species but not a second, while a second claim recites limitations disclosed only for the second species and not the first. See MPEP 806.04(f). In this case, each species has at least one limitation that is unique to that species. This is illustrated by the list of differences between species included on pages 41-42 of Applicant’s response.
The argument that species possess unity is not persuasive because the present application is a continuation of a PCT, also known as a “bypass” application. It is therefore subject to restriction practice in accordance with 37 CFR 1.141-1.146. See MPEP 1896.
The requirement is still deemed proper and is therefore made FINAL.
Claims 4-5, 7, 9, 10, 12, 14-17, and 22-26 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected species, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 21 October 2025.
Claims 5, 16, and 17 have been withdrawn by the Examiner as being directed to a nonelected species. Claims 5, 16, and 17 have been withdrawn because they depend from withdrawn claims 4, 14, and 15.
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference character “1A” has been used to designate both the pushing groove in Figure 37 and what appears to be a portion of the adjusting part in Figure 40. 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 drawings are objected to because they lack consistent labeling with reference numbers. Parts are labeled in some embodiments but not others. For example, Figures 37-41 are described in the specification as showing the structures corresponding to reference numbers 3, 5, 2, 7, 6, 62, 11, C, 411, 821, 716, 717, 713, 719, 71A, 42, 21311, 7132, B2, but none of these reference numerals are shown in Figures 37-41. Applicant should check the remaining figures to ensure that the references numbers listed in the specification are present in all relevant figures. 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 under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the mechanical pencil recited in claims 1-3, 5, 6, 8, 11, 13, 18-21must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Figures 1-41 show a projectable and retractable pen with a ball or rollerball point. None of the figures show a pencil with a mechanical means of propelling a thin pencil lead.
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 3, 6, 8, 11, 13, and 18-21 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 3 recites the limitation “a fall-proof lug” in line 4. It is unclear what the structure or function of a “fall-proof” lug is.
Claim 3 recites the limitation “the limiting lug” in line 5. There is insufficient antecedent basis for this limitation in the claim.
Claim 6 recites the limitation “a long switch ramp” in line 22. It is unclear if this is intended to refer back to the long switch ramp introduced in claim 2 or not. If it is intended to be the same structure, please amend claim 6 to read “the long switch ramp”. If it is not intended to be the same structure, please amend the claims so that the two structures are recited differently, e.g., “a first long switch ramp” and “a second long switch ramp”.
Claim 8 recites “solutions for moving the displacement part leftward or rightward in the positioning slot comprise any of at least eight solutions as follows”. This is an open-ended list of alternatives. If a Markush grouping (a list of alternatives) requires a material selected from an open list of alternatives (e.g., selected from the group "comprising" or "consisting essentially of" the recited alternatives), the claim should generally be rejected under 35 U.S.C. 112(b) as indefinite because it is unclear what other alternatives are intended to be encompassed by the claim. See In re Kiely, 2022 USPQ2d 532 at 2* (Fed. Cir. 2022).
Claim 8 recites the limitation “third-party accessories” in line 61. There is no way to determine the metes and bounds of this limitation.
Claim 11 recites the limitation “a deformation groove is provided on the lead driving lug, the positioning part, the displacement part, the sleeve, the revolution part and/or the rotation installation notch”. The use of “and/or” at the end of a list is unclear because it is unclear if every item in the list is an alternative or if only the last item on the list is an alternative.
Claim 13 recites the limitation “the trigger ring” in line 2. There is insufficient antecedent basis for this limitation in the claim.
Claim 18 recites “solutions for moving the displacement part leftward or rightward in the positioning slot comprise any of at least eight solutions as follows”. This is an open-ended list of alternatives. If a Markush grouping (a list of alternatives) requires a material selected from an open list of alternatives (e.g., selected from the group "comprising" or "consisting essentially of" the recited alternatives), the claim should generally be rejected under 35 U.S.C. 112(b) as indefinite because it is unclear what other alternatives are intended to be encompassed by the claim. See In re Kiely, 2022 USPQ2d 532 at 2* (Fed. Cir. 2022).
Claim 18 recites the limitation “third-party accessories” in line 61. There is no way to determine the metes and bounds of this limitation.
Claim 19 recites “solutions for moving the displacement part leftward or rightward in the positioning slot comprise any of at least eight solutions as follows”. This is an open-ended list of alternatives. If a Markush grouping (a list of alternatives) requires a material selected from an open list of alternatives (e.g., selected from the group "comprising" or "consisting essentially of" the recited alternatives), the claim should generally be rejected under 35 U.S.C. 112(b) as indefinite because it is unclear what other alternatives are intended to be encompassed by the claim. See In re Kiely, 2022 USPQ2d 532 at 2* (Fed. Cir. 2022).
Claim 19 recites the limitation “third-party accessories” in line 61. There is no way to determine the metes and bounds of this limitation.
Claim 19 recites the limitation “a deformation groove is provided on the lead driving lug, the positioning part, the displacement part, the sleeve, the revolution part and/or the rotation installation notch”. The use of “and/or” at the end of a list is unclear because it is unclear if every item in the list is an alternative or if only the last item on the list is an alternative.
Claim 20 recites the limitation “a deformation groove is provided on the lead driving lug, the positioning part, the displacement part, the sleeve, the revolution part and/or the rotation installation notch”. The use of “and/or” at the end of a list is unclear because it is unclear if every item in the list is an alternative or if only the last item on the list is an alternative.
Claim 21 recites the limitation “a deformation groove is provided on the lead driving lug, the positioning part, the displacement part, the sleeve, the revolution part and/or the rotation installation notch”. The use of “and/or” at the end of a list is unclear because it is unclear if every item in the list is an alternative or if only the last item on the list is an alternative.
Claim Rejections - 35 USC § 103
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 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 1, 2, 6, 8, 11, 19, and 21 is/are rejected under 35 U.S.C. 103 as being unpatentable over Tamano (US 8292530) in view of Tani (US 10076925).
Regarding claim 1, Tamano teaches a mechanical writing device, comprising a sleeve (1), an adjusting part (3), a tool body (7), a resetting part (5) and a control part (6); wherein a displacement part (3b) is provided on the adjusting part and the displacement part is movable in a positioning slot (defined be 1a and 2b); by displacing of the adjusting part in the sleeve, a position-based state of the tool body is selected between a lead driving state (Fig. 1B) and a lead retraction state (Figs. 1A and 1C), and the adjusting part is configured to maintain relative stability of the two position-based states by the positioning slot, the resetting part and the control part; the resetting part keeps the lead retraction state of the displacement part on the adjusting part at a lead retracted position (A) relatively stable; when the displacement part (41) moves in the positioning slot (71) to a lead driving position (Fig. 7E), the displacement part is maintained at a lead driving state stably by the control part; wherein the lead is retractable by at least influencing the movement of the control part by applying an external force, causing the displacement part be free from limitation of the control part, the displacement part is thereby moveable under the action of the resetting part to retract the lead (col. 6, ll. 51-56).
Tamano does not teach that the writing device is a mechanical pencil.
Tani teaches a projectable and retractable mechanical pencil (1A).
Accordingly, it would have been obvious to one of ordinary skill in the art at the effective filing date of the claimed invention to have replaced the pen tool body of Tamano with a mechanical pencil tool body as taught by Tani, wherein doing so would merely be a matter of substituting one known writing tool with another with predictable results. In this case, the predictable results are that the pencil is capable of being projected and retracted and applying a pencil mark to a surface.
Regarding claim 2, the combination of Tamano and Tani teaches the mechanical pencil according to claim 1, wherein the mechanical pencil further comprises a positioning part (2), a trigger assembly (2a) provided on the sleeve, wherein the movement of the control part is caused by the transmission of the trigger assembly to retract the lead (Tamano col. 6, ll. 51-56); the positioning slot is provided in the positioning part; a lead driving lug (1a) and a lead retraction switch ramp (see annotated Fig. 7A of Tamano below) are provided in the positioning slot; a control bar (Tamano; bar-shaped middle body of 6) is provided on the control part; lead retraction is carried out by the displacement part through one of five ways as follows:
(1) lead retraction solution 1: a limiting lug is provided on the control bar; a long switch ramp is provided in the positioning slot, the limiting lug replaces the control bar to limit the displacement part; when retracting the lead, the displacement part moves upwards or downwards, by the long switch ramp the displacement part bypasses limitation of the limiting lug, subsequently the displacement part passes the lead retraction switch ramp and returns to the lead retracted position;
(2) lead retraction solution 2: a limiting lug is provided on the control bar; a long limiting ramp is provided in the positioning slot, and the limiting lug replaces the control bar to limit the displacement part; a return assistance slope is provided on the limiting lug; the displacement part moves upwards or downwards, reaches above or underneath the limiting lug by the long switch ramp, subsequently, the displacement part bypasses limitation of the limiting lug and returns to the lead retracted position by the lead retraction switch ramp;
(3) lead retraction solution 3: a limiting lug and a return control ramp are provided on the control bar; the limiting lug replaces the control bar to limit the displacement part; when the control bar moves downwards, the displacement part is subjected to force of the resetting part, moves upwards, and returns to the lead retracted position by the return control ramp;
(4) movement controlled lead retraction: by applying an external force to force the control part to move (Tamano, pulling clip 2A away from the shell), the displacement part will be free from limitation of the control part, the displacement part is thus influenced by the resetting part to move upwards or downwards, consequently, limitation of the control part on the displacement part is released, the displacement part passes the lead retraction switch ramp and returns to the lead retracted position to retract the lead (Fig. 9D); or
(5) pushing lead retraction: a pushing assistance slope is provided on the displacement part and/or the lead driving lug; maintaining the sleeve unmoved, pushing the adjusting part to move downwards with an external force, with the pushing assistance slope the displacement part is free from limitation of the lead driving lug and returns to the lead retracting position.
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Regarding claim 6, the combination of Tamano and Tani teaches the mechanical pencil according to claim 2, wherein: a solution for moving the displacement part (41) in the positioning slot (71) from the lead retracted position (A) to the lead driving position (B) is carried out by any of three ways as follows:
(1) the long switch ramp is provided in the positioning slot, a lead driving assistance ramp is provided at an end of the lead driving lug close to the lead retracted position and/or an end of the displacement part close to the lead driving position, the displacement part is capable of deformation and bending forward and backward, when the displacement part extends through the lead driving lug, with deformation and bending ability of the displacement part and the lead driving assistance ramp, the displacement part bypasses the lead driving lug and reaches the lead driving position;
(2) the long switch ramp (Tamano 4a) and a lead driving sliding ramp (see annotated Fig 7A of Tamano below) are provided in the positioning slot, a lead driving guiding ramp (see annotated Fig 7A of Tamano below) is provided on a side of the lead driving lug ‘close’ to the lead retracted position; a lead driving channel (above 1a in Fig. 7A of Tamano) is provided in between the long switch ramp and the lead driving lug; when the displacement part moves from the lead retracted position, subjected to influence of the lead driving guiding ramp, the displacement part enters the lead driving channel (Tamano, Fig. 7B), and reaches above or underneath the lead driving position, at this time, releasing the external force, the displacement part will return to the lead driving position (Tamano Fig. D); and
(3) a long switch ramp is provided in the positioning slot, a lead driving sliding ramp is provided on the lead driving lug, a lead driving channel is provided at a side of the lead driving lug close to the lead retracted position; when the displacement part moves from the lead retracted position, the displacement part enters directly the lead driving channel, passes the long switch ramp and reaches above or underneath the lead driving position, and at this time, releasing the external force, the displacement part falls back to the lead driving position.
Regarding claims 8 and 19 as best understood, the combination of Tamano and Tani teaches the mechanical pencil according to claims 2 or 6, respectively, wherein: solutions for moving the displacement part leftward or rightward in the positioning slot comprise any of at least eight solutions as follows:
(1) a movable slot is provided in the displacement part, at least one sliding ball is provided in between the movable slot and the positioning slot; the at least one sliding ball replaces the displacement part to directly contact the positioning part;
(2) a displacement clip, a sliding ball slot or a rotation lug is provided on the displacement part, at least one sliding ball is provided in between the sliding ball slot and the positioning slot; a revolution part is provided on the rotation lug, an end of the revolution part is sleeved over the rotation lug, the revolution part is rotatable relative to the rotation lug, a displacement portion is provided on another end of the revolution part, the displacement portion, the at least one sliding ball or the displacement clip replaces the displacement part to directly contact the positioning slot;
(3) a displacement clip, a sliding ball slot or a rotation lug is provided on the displacement part, at least one sliding ball is provided in between the sliding ball slot and the positioning slot; a revolution part is provided on the rotation lug, an end of the revolution part is sleeved over the rotation lug, the revolution part is rotatable relative to the rotation lug, a displacement portion is provided at another end of the revolution part, the displacement portion, the at least one sliding ball or the displacement clip replaces the displacement part to contact directly the positioning slot; the displacement part is capable of leftward and rightward deformation and bending, and is bendable for a certain extent, consequently, when the displacement part moves in the positioning slot, without moving the adjusting part, the displacement part can move leftward or rightward;
(4) a displacement clip, a sliding ball slot or a rotation lug is provided on the displacement part, at least one sliding ball is provided in between the sliding ball slot and the positioning slot; a revolution part is provided on the rotation lug, an end of the revolution part is sleeved onto the rotation lug, the revolution part is rotatable relative to the rotation lug, a displacement portion is provided at another end of the revolution part, the displacement portion, the at least one sliding ball or the displacement clip replaces the displacement part to contact directly the positioning slot; when to move leftward and rightward, the adjusting part will move leftward and/or rightward;
(5) the displacement part is independent from the adjusting part, a displacement clip, a sliding ball slot, a movable slot or a rotation lug is provided on the displacement part, at least one sliding ball is provided in between the movable slot or the sliding ball slot and the positioning slot; a revolution part is provided on the rotation lug, an end of the revolution part is sleeved onto the rotation lug, the revolution part is rotatable relative to the rotation lug, a displacement portion is provided on another end of the revolution part, the displacement portion, the at least one sliding ball or the displacement clip replaces the displacement part to contact directly the positioning slot; the displacement part and the adjusting part engage by magnetic adsorption, clearance fit, abrasives and/or threaded connection;
(6) a rotation lug is provided on the displacement part, a revolution part is provided on the rotation lug, an end of the revolution part is installed on the rotation lug, the revolution part is rotatable relative to the rotation lug, a displacement portion is provided at another end of the revolution part and the displacement portion replaces the displacement part to contact directly the positioning slot;
(7) a rotation through-hole is provided on the displacement part, a revolution part is provided in the rotation through-hole, the revolution part is rotatable relative to the rotation through-hole, a displacement portion is provided at another end of the revolution part, and the displacement portion replaces the displacement part to contact directly the positioning part; and
(8) with assistance of ‘third-party accessories’ (Tamano 4a), the displacement part can move leftward or rightward in the positioning slot.
Regarding claims 11 and 21, the combination of Tamano and Tani teaches the mechanical pencil according to claims 8 and 19, respectively, wherein, in the solution (7), a rotation stabilizing lug is provided on the adjusting part; a rotation abutment boss for connecting with and adjusting the revolution part is provided on the displacement part and/or an abutment lug for connecting with and adjusting the revolution part is provided on the positioning part; a rotation assistance boss and/or a rotation installation notch is provided on the revolution part; a deformation groove is provided on the lead driving lug, the positioning part, the displacement part, the sleeve, the revolution part and/or the rotation installation notch. It is noted that claim 11 only further limits solution (7) of claim 8 or 19, but does not require that solution (7) be selected of the at least 8 solutions of claim 8 or 19.
Claim(s) 3, 18, and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Tamano and Tani as applied to claim 1 above, and further in view of Malinverni (US 10556460).
Regarding claim 3, the combination of Tamano and Tani teaches the mechanical pencil according to claim 1, wherein: a fall-proof lug (see annotated Fig. 7A of Tamano below) is provided in the positioning slot, a return channel is provided in between the limiting lug and the fall-proof lug or in between an inner surface of the sleeve and the limiting lug; a lead driving limiting ramp (see annotated Fig. 7A of Tamano below) and a lead retraction assistance ramp (see annotated Fig. 7A of Tamano below) are provided in the positioning slot; wherein applying an external force to control the adjusting part to move downwards, the displacement part will continue to move downwards, subsequently, the displacement part bypasses limitation of the limiting lug after passing the lead retraction assistance ramp in the positioning slot, and returns to the lead retracted position A through resilience of the resetting part (col. 6, ll. 11-27).
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The combination of Tamano and Tani does not teach: a lateral pushing portion (4A) is provided on the adjusting part (4); a lateral pushing slot (1A) for housing the lateral pushing portion (4A) to slide is provided in the sleeve (1);
Malinverni teaches a lateral pushing portion (20) that is provided on an adjusting part (36); a lateral pushing slot (50) for housing the lateral pushing portion to slide is provided in the sleeve; and applying a force to the lateral pushing portion causes the adjusting part to move downwards.
Accordingly, it would have been obvious to one of ordinary skill in the art at the effective filing date of the claimed invention to have replaced the rear pushing portion of Tamano with the lateral pushing portion that is provided on an adjusting part and a lateral pushing slot for housing the lateral pushing portion to slide is provided in the sleeve; wherein applying a force to the lateral pushing portion causes the adjusting part to move downwards as taught by Malinverni, wherein doing so would merely be a matter of simple substitution of one known pen actuator for another with predictable results.
Regarding claim 18 as best understood, the combination of Tamano, Tani, and Malinverni teaches the mechanical pencil according to claim 3, respectively, wherein: solutions for moving the displacement part leftward or rightward in the positioning slot comprise any of at least eight solutions as follows:
(1) a movable slot is provided in the displacement part, at least one sliding ball is provided in between the movable slot and the positioning slot; the at least one sliding ball replaces the displacement part to directly contact the positioning part;
(2) a displacement clip, a sliding ball slot or a rotation lug is provided on the displacement part, at least one sliding ball is provided in between the sliding ball slot and the positioning slot; a revolution part is provided on the rotation lug, an end of the revolution part is sleeved over the rotation lug, the revolution part is rotatable relative to the rotation lug, a displacement portion is provided on another end of the revolution part, the displacement portion, the at least one sliding ball or the displacement clip replaces the displacement part to directly contact the positioning slot;
(3) a displacement clip, a sliding ball slot or a rotation lug is provided on the displacement part, at least one sliding ball is provided in between the sliding ball slot and the positioning slot; a revolution part is provided on the rotation lug, an end of the revolution part is sleeved over the rotation lug, the revolution part is rotatable relative to the rotation lug, a displacement portion is provided at another end of the revolution part, the displacement portion, the at least one sliding ball or the displacement clip replaces the displacement part to contact directly the positioning slot; the displacement part is capable of leftward and rightward deformation and bending, and is bendable for a certain extent, consequently, when the displacement part moves in the positioning slot, without moving the adjusting part, the displacement part can move leftward or rightward;
(4) a displacement clip, a sliding ball slot or a rotation lug is provided on the displacement part, at least one sliding ball is provided in between the sliding ball slot and the positioning slot; a revolution part is provided on the rotation lug, an end of the revolution part is sleeved onto the rotation lug, the revolution part is rotatable relative to the rotation lug, a displacement portion is provided at another end of the revolution part, the displacement portion, the at least one sliding ball or the displacement clip replaces the displacement part to contact directly the positioning slot; when to move leftward and rightward, the adjusting part will move leftward and/or rightward;
(5) the displacement part is independent from the adjusting part, a displacement clip, a sliding ball slot, a movable slot or a rotation lug is provided on the displacement part, at least one sliding ball is provided in between the movable slot or the sliding ball slot and the positioning slot; a revolution part is provided on the rotation lug, an end of the revolution part is sleeved onto the rotation lug, the revolution part is rotatable relative to the rotation lug, a displacement portion is provided on another end of the revolution part, the displacement portion, the at least one sliding ball or the displacement clip replaces the displacement part to contact directly the positioning slot; the displacement part and the adjusting part engage by magnetic adsorption, clearance fit, abrasives and/or threaded connection;
(6) a rotation lug is provided on the displacement part, a revolution part is provided on the rotation lug, an end of the revolution part is installed on the rotation lug, the revolution part is rotatable relative to the rotation lug, a displacement portion is provided at another end of the revolution part and the displacement portion replaces the displacement part to contact directly the positioning slot;
(7) a rotation through-hole is provided on the displacement part, a revolution part is provided in the rotation through-hole, the revolution part is rotatable relative to the rotation through-hole, a displacement portion is provided at another end of the revolution part, and the displacement portion replaces the displacement part to contact directly the positioning part; and
(8) with assistance of ‘third-party accessories’ (Tamano 4a), the displacement part can move leftward or rightward in the positioning slot.
Regarding claim 20, the combination of Tamano, Tani, and Malinverni teaches the mechanical pencil according to claim 18, respectively, wherein, in the solution (7), a rotation stabilizing lug is provided on the adjusting part; a rotation abutment boss for connecting with and adjusting the revolution part is provided on the displacement part and/or an abutment lug for connecting with and adjusting the revolution part is provided on the positioning part; a rotation assistance boss and/or a rotation installation notch is provided on the revolution part; a deformation groove is provided on the lead driving lug, the positioning part, the displacement part, the sleeve, the revolution part and/or the rotation installation notch. It is noted that claim 11 only further limits solution (7) of claim 8 or 19, but does not require that solution (7) be selected of the at least 8 solutions of claim 8 or 19.
Claim(s) 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Tamano and Tani as applied to claim 2 above, and further in view of Yu (CN 112693251 A).
Regarding claim 13, the combination of Tamano and Tani teaches the mechanical pencil according to claim 2, wherein the positioning slot is provided on the positioning part, a lead retraction limiting ramp (see annotated Fig. 7A of Tamano below) is provided in the positioning slot or an inner surface of the sleeve serves as the lead retraction limiting ramp.
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The combination does not teach that: an outer diameter of the trigger ring is greater than an outer diameter of the sleeve; a trigger slide is provided on a lower end of the trigger ring; an auxiliary resetting part is provided in between the control part and the positioning part.
Yu teaches a trigger ring (112), wherein an outer diameter of the trigger ring is greater than an outer diameter of the sleeve (Fig. 10); a trigger slide (sloped surface of the underside of 112) is provided on a lower end of the trigger ring; an auxiliary resetting part (spring in Fig. 10) is provided in between the control part and the positioning part.
Accordingly, it would have been obvious to one of ordinary skill in the art at the effective filing date of the claimed invention to have provided the device of Tamano with a trigger ring, wherein an outer diameter of the trigger ring is greater than an outer diameter of the sleeve; a trigger slide is provided on a lower end of the trigger ring; an auxiliary resetting part is provided in between the control part and the positioning part as taught by Yu to actuate the control part of Tamano instead of the clip for the purpose of enabling the device to retract the pencil point when a user puts the pencil down on a desk or in a knapsack (Yu, Abstract).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRADLEY S OLIVER whose telephone number is (571)270-3787. The examiner can normally be reached Monday-Friday, 7-3 ET.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, David Angwin can be reached at (571)270-3735. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/BRADLEY S OLIVER/ Examiner, Art Unit 3754
/DAVID P ANGWIN/ Supervisory Patent Examiner, Art Unit 3754