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
Applicant's election with traverse of species I, fig. 1, in the reply filed on 01/07/2026 is acknowledged. The traversal is on the ground(s) that “…the Office failed to articulate facts from which to conclude that a serious search and/or examination burden exists if the claims were not so restricted.” This is not found persuasive because an Election of Species was required and no specific grounds is provided challenging the reasons provided in the Restriction for Election.
The requirement is still deemed proper and is therefore made FINAL.
Remarks
This communication is in response to Application No. 18/678,447 filed on 05/30/2024 and the reply received 01/07/2026.
The amended claims are 1-4 with claims 5-13 are withdrawn.
It is understood that Species I is shown in figures 1-10.
Claims 1-4 are currently pending and have been examined.
Information Disclosure Statement
No information disclosure statement (IDS) has been submitted.
Drawings
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 claim 1 “…at least one of the two support frames comprises a locking member, the locking member is movably disposed on the rear leg tube so that the locking member is detachably connected to the moving tube in a locked position,…” must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
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 Objections
Claim 1 is objected to because of the following informalities: applicant has elected species I which includes figures 1-10 as per supra. Claim 1 includes the recitation “…at least one of the two support frames comprises a locking member, the locking member is movably disposed on the rear leg tube so that the locking member is detachably connected to the moving tube in a locked position,…” which is not supported by the elected species. For the purpose of examination this limitation is not considered. Appropriate correction is required.
Claim Interpretation Under 35 USC § 112
No claim elements in this application are presumed to invoke 35 U.S.C. 112(f).
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 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 pre-AIA the applicant regards as the invention.
As to claim 1, the recitation “the locking member is configured to prevent the moving tube from moving in the rear leg” renders the claim indefinite as the claim previously establishes “a rear leg tube and a moving tube movably disposed in the rear leg tube” and thus the relationship “configured to prevent the moving tube from moving in the rear leg” does not seem possible. For the purpose of examination the following interpretation is used:
“…the locking member is configured to prevent the moving tube from moving in the rear leg tube,…”.
Claims 2-4 are rejected via dependency.
NOTE: any prior art rejection provided below is made as best understood in view of the 35 U.S.C. 112(b) issues above.
Allowable Subject Matter
Claim 1 would be allowable if rewritten or amended 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. A proposed correction is:
“…at least one of the two support frames comprises a locking member,
[[the locking member is movably disposed on the rear leg tube so that the locking member is detachably connected to the moving tube in a locked position, or]]
the locking member is movably disposed on the front leg or a joint between the front leg and the moving tube so that the locking member is detachably connected to the rear leg tube in the locked position, and when in the locked position:
the locking member is configured to prevent the moving tube from moving in the rear leg tube, and the locking member is configured to be released to enable the moving tube to freely move.
The following is an examiner’s statement of reasons for allowance: the art of record does not disclose or fairly suggest the claim as proposed above.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion
The prior art made of record on the attached PTOL-892 and not relied upon is considered pertinent to applicant's disclosure as each further discloses a state of the art.
The examiner has pointed out particular references contained in the prior art of record in the body of this action for the convenience of the applicant. Although the specified citations are representative of the teachings in the art and are applied to the specific limitations within the individual claim, other passages and figures may apply as well. Applicant should consider the entire prior art as applicable as to the limitations of the claims. It is respectfully requested from the applicant, in preparing the response, to consider fully the entire reference as potentially teaching all or part of the claimed invention, as well as the context of the passage as taught by the prior art or pointed out by the examiner.
Inquiry
Any inquiry concerning this communication or earlier communications from the examiner should be directed to J. T. Newton, Esq. whose telephone number is (313)446-4899. The examiner can normally be reached 0700-1500 M-F.
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, SPE Justin Mikowski can be reached at (571) 272-8525. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/J. T. Newton/Primary Examiner, Art Unit 3673 22 January 2026