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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 7/1/26 has been entered.
Drawings
The drawings were received on 5/6/2026. These drawings are accepted in light of the amendments to Claim 1.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 14-16 and 18-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by EP 2962591 (Gallay).
Regarding Claim 14, Gallay teaches a tip for an ambulatory stability pole (1), comprising: a single base member (5) extending for a first dimension along a first direction (X-X’) that is parallel to a longitudinal axis of the ambulatory stability pole; and a plurality of extension members (3a-3e) extending from the single base member along the first direction and being separated from each other by slits (the spaces between adjacent extensions), the plurality of extension members terminating in contact regions (the bottom surfaces thereof), wherein the tip comprises a cavity (such as A, see below, the cavity within the center of the bottom of the foot - see Fig. 5 – extends upward from the contact surface further than the depth of the slits) between the plurality of extension members that extends to a depth that is deeper than each of the slits separating the plurality of extension members.
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Regarding Claim 15, Gallay teaches that the single base member comprises a second cavity (6) configured to receive a pole tip of the ambulatory stability pole.
Regarding Claim 16, Gallay teaches that at least one of the slits (between 3a and 3b) is a different depth than another one of the slits (between 3d and 3e).
Regarding Claim 18, Gallay teaches that the plurality of extension members lack radial symmetry (see Fig. 5 – some members extend radially and some extend at an angle to a radial line).
Regarding Claim 19, Gallay teaches that the plurality of extension members lack dihedral symmetry (See Fig. 5).
Regarding Claim 20, Gallay teaches that the plurality of extension members are formed from a compliant material (see Paragraph 0038 – “caoutchouc”).
Claim Rejections - 35 USC § 103
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 17 is rejected under 35 U.S.C. 103 as being unpatentable over by EP 2962591 (Gallay) as applied to Claim 14 above in view of Edwards in US Patent 4708154. Gallay is silent on the use of convex contact regions. Edwards teaches a tip with extension members (56) having a convex shaped contact region (the rounded lower surface, see Figs. 3 and 4). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Gallay by using convex-shaped contact regions as taught by Edwards in order to provide a strong grip.
Allowable Subject Matter
Claims 1, 2, and 4-13 are allowed.
Claim 21 is 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.
Response to Arguments
Applicant's arguments filed 7/1/2026 have been fully considered but they are not persuasive.
With respect to the applicant’s arguments regarding the cavity between the extension members that is deeper than the slits: the internal projections (such as C, see above) of the extension members can be seen to incline upward and inward toward the center of the tip. The upper end of the slits (D) is therefore less deep than the cavity formed at A, as it is plain that the assembly extends further upward to the face of A than it does to the upper end of slits D. As such, Gallay is deemed sufficient to teach this limitation in the claim.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NOAH C. HAWK whose telephone number is (571)272-1480. The examiner can normally be reached M-F 9am to 5:30pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, David Dunn can be reached at 5712726670. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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NOAH C. HAWK
Primary Examiner
Art Unit 3636
/Noah C. Hawk/Primary Examiner, Art Unit 3636
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