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 .
DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
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 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.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) 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 and 16 and dependent claims 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.
In Claims 1 and 16, the limitations “wherein, in a second mode, a first surface of the first structure is contacted with a first surface of the second structure and the first and second diagonal directions are away from the first surface of the first structure, wherein, in the second mode, only the second link member projects out of the first structure” are unclear since neither the written description nor the drawings appear to describe/show the claimed features. Further clarification is required. In the next response, Examiner request applicant to clearly point out, or clarify, the following limitations on the drawing
“in a second mode, a first surface of the first structure is contacted with a first surface of the second structure”: There are many different embodiments in this Application, only Fig 4A qualify the limitations in claims 1 and 16 (not Fig 4b and 4c, because the guide grooves are not formed in diagonal directions). However, no any figure shows “a first surface of the first structure is contacted with a first surface of the second structure”.
“the first and second diagonal directions are away from the first surface of the first structure”: Fig 4a clearly shows the first and second diagonal directions are in two directions. The SPEC defined the directions however, the directions in the claims are unclear and indefinite. Based on the above item-a, there is no way the first and second surfaces are contacted. Also, this limitation is unclear and indefinite as well. Because there are at least four ways to determine the first and second diagonal directions.
“in the second mode, only the second link member projects out of the first structure”: This limitations is not supported by the drawing as well. Fig 4a clearly shows that “the second link member” will not be the only structure projects out of the first structure in the second mode. At least the first shaft projects out of the first structure in the second mode as well.
Examiner’s note: the original presentation is the embodiment shown in the figure 4a and fig 1a. If applicant’s next response directs to more than one embodiments, a restriction will be applied thereafter.
Appropriate correction is required.
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 limitations, rejected under 35 U.S.C. 112, second paragraph (see above rejections), 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.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JERRY WU whose telephone number is (571)270-5420. The examiner can normally be reached on PHP: M-Th: 8:30-12:30; 2:30-8:30pm.
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, Imani Hayman can be reached on 571.270.5528. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/JERRY WU/ Primary Examiner, Art Unit 2841
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