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 § 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.
Claim 1 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by Buzby et al (US 2007/0035144).
Buzby et al discloses a tool (100), as illustrated in Figures 1-11, comprising an elongate shaft (135) having a proximal end and a distal end (see annotated Figure 2 below); a handle (160) disposed on the proximal end of the elongate shaft; a hook secured to the distal end of the elongate shaft (see annotated Figure 2 below); a housing (130) slidably secured around the elongate shaft between the proximal and distal ends of the shaft (the tube/shaft comprises a telescoping shaft, thus, allowing the shaft to be adjusted in length for that embodiment (e.g., similar to a telescope, etc.) (see paragraph [0041]); and a clutch-lock mechanism (200,205,210,215) integrated into the housing and including a manually actuatable trigger (150), wherein the clutch-lock mechanism passively grips the elongate shaft to prevent the housing from sliding toward the proximal end of the elongate shaft, and wherein manual actuation of the trigger releases the clutch-lock mechanism to allow the housing to slide toward the proximal end of the elongate shaft (see paragraphs [0050-051]).
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Allowable Subject Matter
Claims 2-20 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.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Jarosch, Dutton, Mattis, Denton, Feng, and Yao are cited as being relevant art, because each prior art disclose a tool comprising an elongate shaft and a handle.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to STEPHEN VU whose telephone number is (571)272-1961. The examiner can normally be reached Monday-Friday, 7:00 am - 3:30 pm EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Victoria Augustine can be reached at (313) 446-4858. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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STEPHEN VU
Primary Examiner
Art Unit 3654
/STEPHEN A VU/Primary Examiner, Art Unit 3654
