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 .
Election/Restrictions
Restriction to one of the following inventions is required under 35 U.S.C. 121:
I. Claims 1-16, drawn to an accessibility system, classified in A61H1/0285.
II. Claims 17-20, drawn to a method of assisting a user, classified in A61F4/00.
The inventions are independent or distinct, each from the other because:
Inventions I and II are related as product and process of use. The inventions can be shown to be distinct if either or both of the following can be shown: (1) the process for using the product as claimed can be practiced with another materially different product or (2) the product as claimed can be used in a materially different process of using that product. See MPEP § 806.05(h). In the instant case the accessibility system could be used in a different method, such as a docking station for gaming or entertainment.
Restriction for examination purposes as indicated is proper because all the inventions listed in this action are independent or distinct for the reasons given above and there would be a serious search and/or examination burden if restriction were not required because one or more of the following reasons apply:
The inventions have acquired a separate status in the art in view of their classification;
The inventions require a different field of search (e.g., searching different classes/subclasses or electronic resources, or employing different search strategies or search queries).
Applicant is advised that the reply to this requirement to be complete must include (i) an election of an invention to be examined even though the requirement may be traversed (37 CFR 1.143) and (ii) identification of the claims encompassing the elected invention.
The election of an invention may be made with or without traverse. To reserve a right to petition, the election must be made with traverse. If the reply does not distinctly and specifically point out supposed errors in the restriction requirement, the election shall be treated as an election without traverse. Traversal must be presented at the time of election in order to be considered timely. Failure to timely traverse the requirement will result in the loss of right to petition under 37 CFR 1.144. If claims are added after the election, applicant must indicate which of these claims are readable upon the elected invention.
Should applicant traverse on the ground that the inventions are not patentably distinct, applicant should submit evidence or identify such evidence now of record showing the inventions to be obvious variants or clearly admit on the record that this is the case. In either instance, if the examiner finds one of the inventions unpatentable over the prior art, the evidence or admission may be used in a rejection under 35 U.S.C. 103 or pre-AIA 35 U.S.C. 103(a) of the other invention.
During a telephone conversation with William Hilton on 6/18/26 a provisional election was made without traverse to prosecute the invention of Group I, claims 1-16. Affirmation of this election must be made by applicant in replying to this Office action. Claims 17-20 are withdrawn from further consideration by the examiner, 37 CFR 1.142(b), as being drawn to a non-elected invention.
The examiner has required restriction between product or apparatus claims and process claims. Where applicant elects claims directed to the product/apparatus, and all product/apparatus claims are subsequently found allowable, withdrawn process claims that include all the limitations of the allowable product/apparatus claims should be considered for rejoinder. All claims directed to a nonelected process invention must include all the limitations of an allowable product/apparatus claim for that process invention to be rejoined.
In the event of rejoinder, the requirement for restriction between the product/apparatus claims and the rejoined process claims will be withdrawn, and the rejoined process claims will be fully examined for patentability in accordance with 37 CFR 1.104. Thus, to be allowable, the rejoined claims must meet all criteria for patentability including the requirements of 35 U.S.C. 101, 102, 103 and 112. Until all claims to the elected product/apparatus are found allowable, an otherwise proper restriction requirement between product/apparatus claims and process claims may be maintained. Withdrawn process claims that are not commensurate in scope with an allowable product/apparatus claim will not be rejoined. See MPEP § 821.04. Additionally, in order for rejoinder to occur, applicant is advised that the process claims should be amended during prosecution to require the limitations of the product/apparatus claims. Failure to do so may result in no rejoinder. Further, note that the prohibition against double patenting rejections of 35 U.S.C. 121 does not apply where the restriction requirement is withdrawn by the examiner before the patent issues. See MPEP § 804.01.
Claim Objections
Claim 9 is objected to because of the following informalities:
Claim 1 recites “adaptor” should be changed to “adapter”.
Claim 2 recites “adaptor” should be changed to “adapter”.
Claim 9 recites “adaptor” should be changed to “adapter”.
Claim 10 recites “adaptor” should be changed to “adapter”.
Claim 14 recites “adaptor” should be changed to “adapter”.
Claim 15 recites “adaptor” should be changed to “adapter”.
Appropriate correction is required.
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.
Claim 9-16 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 9 recites the limitation "the adapter including a latch cavity" and then later recites “the adaptor and the universal connector including a latch projection and a latch cavity”. It is unclear if the adaptor includes a single latch cavity, or if the latch cavities are two different structures entirety.
Claim 11 recites the limitation "latch portion". There is insufficient antecedent basis for this limitation in the claim.
Claims 10, 12-16 are rejected by dependency on claim 9.
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 1-16 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Moody (US11090178).
Regarding claim 1, Moody discloses an accessibility system for assisting with access and use of any of a plurality of tools (C6:L39-50), the accessibility system comprising:
a base-mount (80) for fixed attachment within an environment, the base-mount including at least one vertically extended portion (one of the guard rails 98a);
an adapter (26) for attachment to an extremity of a user without the need to grip the adapter (C2:L14-28); and
a universal connector (36) including a tool (56) attached thereto, and a base-mount cavity (54) for receiving the vertically extending portion of the base-mount (the void 54 is capable of receiving the base mount when the tool is removed), the adaptor and the universal connector each include one of a latch projection (42) and a latch cavity (30) that receives the latch projection (C6:L5-12).
Regarding claim 2, Moody discloses the accessibility system of claim 1, wherein the latch projection includes a projection on an end of the universal connector (42) about which the adaptor may be pivotally attached to the universal connector (the connector 40 is capable of being pivoted when by being rotated within the inner cavity 30 of member/adapter 26 when the balls 42 are still retracted within connector 40, C7:L28-35, C7:L60-65, C8:L1-5).
Regarding claim 3, Moody discloses the accessibility system of claim 1, wherein the latch projection includes a pivotable latch (release lever 50) within the universal connector (C7:L58-60).
Regarding claim 4, Moody discloses the accessibility system of claim 1, wherein the vertically extending projection disengages the latch projection from the latch cavity when the universal connector is positioned on the vertically extending portion (the lower portion 102 of guiderail is magnetized to retract the latch projections 42, C10:L53-55; where the universal connector 36 would need to be adjacent the guardrail and is therefore interpreted as positioned on it).
Regarding claim 6, Moody discloses the accessibility system of claim 1, wherein at least one of the adaptor and the universal connector further includes a magnet for assisting in maintaining contact between the adaptor and the universal connector (C7:L28-30).
Regarding claim 7, Moody discloses the accessibility system of claim 1, wherein at least one of the universal connector, the adaptor and the tool includes an extender (extension of member 26 that includes cavity 30) with at least one ball-joint (ball joint formed by 34, C8:L9-10).
Regarding claim 8, Moody discloses the accessibility system of claim 1, wherein the tool includes at least one of a kitchen utensil, a cup, a toothbrush, a phone holder, and a stylus (C6:L39-50).
Regarding claim 9, Moody discloses an accessibility system for assisting with access and use of any of a plurality of tools (C6:L39-50), the accessibility system comprising:
a base-mount (80) for fixed attachment within an environment, the base-mount including a plurality of vertically extended portions (guard rails 98a);
an adapter (26) for attachment to an extremity of a user without the need to grip the adapter (C2:L14-28), the adapter including a latch cavity (30); and
a universal connector (36) including a tool (56) attached thereto, the adaptor and the universal connector including a latch projection (42) and a latch cavity (30) that receives the latch projection (C6:L5-12), and a base-mount cavity (54) for receiving a vertically extending portion of the base-mount of the plurality of vertically extending portions (the void 54 is capable of receiving the base mount when the tool is removed).
Regarding claim 10, Moody discloses the accessibility system of claim 9, wherein the latch projection includes a projection (42) on an end of the universal connector about which the adaptor may be pivotally attached to the universal connector (the connector 40 is capable of being pivoted when by being rotated within the inner cavity 30 of member/adapter 26 when the balls 42 are still retracted within connector 40, C7:L28-35, C7:L60-65, C8:L1-5).
Regarding claim 11, Moody discloses the accessibility system of claim 9, wherein each latch portion includes a pivotable latch (release lever 50) within the universal connector (C7:L58-60).
Regarding claim 12, Moody discloses the accessibility system of claim 9, wherein each vertically extending portion disengages the latch projection from the latch cavity when the universal connector is positioned on the vertically extending portion (the lower portion 102 of guiderail is magnetized to retract the latch projections 42, C10:L53-55; where the universal connector 36 would need to be adjacent the guardrail and is therefore interpreted as positioned on it).
Regarding claim 13, Moody discloses the accessibility system of claim 9, wherein the base-mount is provided on a rotary platform (the base mount is capable of being provided on a rotary platform).
Regarding claim 14, Moody discloses the accessibility system of claim 9, wherein at least one of the adaptor and the universal connector further includes a magnet for assisting in maintaining contact between the adaptor and the universal connector (C7:L28-30).
Regarding claim 15, Moody discloses the accessibility system of claim 9, wherein at least one of the universal connector, the adaptor and the tool includes an extender (connector 40).
Regarding claim 16, Moody discloses the accessibility system of claim 9, wherein the tool includes at least one of a kitchen utensil, a cup, a toothbrush, a phone holder, and a stylus (C6:L39-50).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MIKAIL A MANNAN whose telephone number is (571)270-1879. The examiner can normally be reached M-F 10-6.
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, Melanie Tyson can be reached on (571)272-9062. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/M.A.M/Examiner, Art Unit 3774
/THOMAS C BARRETT/SPE, Art Unit 3799
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