DETAILED ACTION
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 6/24/2026 has been entered.
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 .
Response to Amendment
Claims 1-3 and 5-13 are pending in the application. Claim 4 is cancelled and claim 13 is new.
-The specification objection has been withdrawn due to applicant amending the abstract accordingly.
-Applicant's amendments to claims 2 and 3 with the addition of new claim 13 has been fully considered, however, it is still unclear as to how applicant determined that “the radius of curvature is greater than 100 times an axial dimension of said external surface of the pivot” per claim 2 and that the radius of curvature being greater than 50 times an average diameter of the external surface of the pivot” per claim 3. In other words, without applicant disclosing an actual numerical measurement of the pivot itself, it is unclear how one can come up with the large numbers “100 times” and “50 times” as recited.
Claim Objections
Claim 13 is objected to because of the following informalities:
-Claim 13 recites the limitation “wherein the first segment has a diameter measured along the main axis, said diameter being superior to a diameter of the second segment measured along the main axis” in lines 3-4. Based on the multiple definitions pertaining to the term “superior” (i.e., extraordinary, etc.) and considering the term isn’t part of the original disclosure as filed, examiner suggest applicant change the term to one of the terms “larger” or “greater” which is disclosed throughout disclosure. However, if applicant is attempting to use the term “superior” to justify use of the numerical phrases “100 times” and “50 times” pertaining to the pivot radius of curvature, please clarify accordingly.
Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claim 3 is rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
-Claim 3 recites the limitation “the average diameter being measured along the main axis and being equal to the diameter of the first segment of the pivot.”. Please clarify where support for this limitation can be shown and/or described in the original disclosure as filed.
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 2 and 3 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 2 recites the limitation "wherein the external surface of the pivot or the internal surface of the orifice has a radius of curvature which is measured in a plane passing through the corresponding radial axis, the radius of curvature being greater than 100 times an axial dimension of said external surface of the pivot, the axial dimension being measured along the corresponding radial axis and being equal to an axial dimension of said internal surface of the orifice and/or to an axial distance of engagement of the pivot in the orifice." It is still unclear as to what the measurement "greater than 100 times an axial dimension of said external surface of the pivot" is referring to based on the specification not indicating guidelines to enable a person of ordinary skill in the art to determine the scope of coverage intended for the measurement recited, in other words, what measurement does the axial dimension of external surface of pivot represent in order for applicant to determine the radius of curvature is greater than 100 times that dimension.
-Claim 3 recites the limitation "wherein the external surface of the pivot or the internal surface of the orifice has a radius of curvature which is measured in a plane passing through the corresponding radial axis, the radius of curvature being greater.
than 50 times an average diameter of the external surface of the pivot, the average diameter being measured along the main axis and being equal to the diameter of the first segment of the pivot." It is still unclear as to what the measurement "greater than 50 times an average diameter of the external surface of the pivot" is referring to based on the specification not indicating guidelines to enable a person of ordinary skill in the art to determine the scope of coverage intended for the measurement recited, in other words, what measurement does the average diameter of the external surface of pivot represent in order for applicant to determine the radius of curvature is greater than 50 times that diameter.
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518
572
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626
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Taking the measurements as shown in Figure 8 and the radius “R” as shown in Figure 9 into consideration, can applicant explain how the numerical phrases “100 times” and “50 times” are being determined as recited in claims 2 and 3.
Allowable Subject Matter
Claims 1-13 are allowed (via prior art purposes). See reasons for allowance indicated in previous office action filed 3/3/26.
Conclusion
There is no additional prior art made of record and relied upon as the examiner considers all prior art cited in previous office actions the most pertinent to applicant’s disclosure.
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Tdl
/TISHA D LEWIS/Primary Examiner, Art Unit 3619 June 27, 2026