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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
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 1-15 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 1 recites “and to this end it rests on the pressure area”. It is not clear which element corresponds to “it “.
Claim 1 recites “when it rests on the pressure area of the cam body”. It is not clear which element corresponds to “it “.
Claim 1 recites “the pivotable cam body”, “the pressure area”, “the pressure section”, “the principal pivot axis”, “the setting pivot axis” and “the axial direction”. There is insufficient antecedent basis for these limitations in the claim.
Claim 2 recites “the distal end”. There is insufficient antecedent basis for this limitation in the claim. It is not clear which end of the brake lever is “the distal end”.
Claim 5 recites “the rotary knob” and “the through hole”. There is insufficient antecedent basis for these limitations in the claim.
Claim 7 recites “with its end facing the rotary knob”. It is not clear which element corresponds to “its “.
Claim 7 recites “the spindle unit preferably does again not protrude, with its end facing the rotary knob, beyond the outer periphery of the brake lever.” It is not clear what is intended by “does again not protrude” and it is not clear if the limitations following “preferably” are positively required by the claim. It is not clear which element corresponds to “its “.
A broad range or limitation together with a narrow range or limitation that falls within the broad range or limitation (in the same claim) may be considered indefinite if the resulting claim does not clearly set forth the metes and bounds of the patent protection desired. See MPEP § 2173.05(c). In the present instance, claim 8 recites the broad recitation “wherein the barrel nut is recessed in the brake lever and protrudes beyond the brake lever”, and the claim also recites “in particular only on the side of the brake lever facing the cam body” which is the narrower statement of the range/limitation. The claim(s) are considered indefinite because there is a question or doubt as to whether the feature introduced by such narrower language is (a) merely exemplary of the remainder of the claim, and therefore not required, or (b) a required feature of the claims.
Claim 10 recites “wherein the brake lever is preferably manufactured by means of an additive production process.” It is not clear if the limitations following “preferably” are required by the claim.
Claim 12 recites “the front face”. There is insufficient antecedent basis for this limitation in the claim.
Claim 15 recites “can preferably be detached from, and reattached to, the lever accommodation of the master unit as one component.” It is not clear if the limitations following “preferably” are required by the claim.
Allowable Subject Matter
Claims 1-15 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.
The following is a statement of reasons for the indication of allowable subject matter: Burgoyne et al (US# 5636518) and Thomas (US# 2021/0331765) are the closest prior art of record. Burgoyne et al disclose a barrel nut 22 non-rotatably supported and linearly displaceable in the brake lever 23; and a spindle unit 29/31 rotatably supported in the brake lever and fixed in the axial direction; where the barrel nut and the spindle unit are in engagement with one another, so that the barrel nut is linearly displaceable by rotating the spindle unit, however, Burgoyne et al lack the barrel nut providing the pressure section on its barrel bottom and a pivotable cam body of an actuating mechanism for actuating the piston unit; the pressure area of the cam body resting on the pressure section. Thomas shows a nut 170 rotatably supported and not linearly displaceable in the brake lever and a spindle unit 160 that is linearly displaceable in the brake lever and not fixed in the axial direction and lack. Thomas further shows a spindle unit 160 providing the pressure section on its bottom and a pivotable cam body 150 of an actuating mechanism for actuating the piston unit instead of a barrel nut.
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 BRADLEY T KING whose telephone number is (571)272-7117. The examiner can normally be reached 10:30-5:00 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Robert Siconolfi can be reached at 571 272-7124. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/BRADLEY T KING/Primary Examiner, Art Unit 3616
BTK
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