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 .
Drawings
Figure 8 should be designated by a legend such as --Prior Art-- because only that which is old is illustrated. See MPEP § 608.02(g). Corrected drawings in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. The replacement sheet(s) should be labeled “Replacement Sheet” in the page header (as per 37 CFR 1.84(c)) so as not to obstruct any portion of the drawing figures. 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 3 is objected to because of the following informalities: the claim includes more than one sentence. Each claim begins with a capital letter and ends with a period. Periods may not be used elsewhere in the claims except for abbreviations. See MPEP § 608.01(m). 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.
Claims 1-6 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.
Regarding claim 1, the phrase "may be " renders the claim indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
Regarding claim 3, the phrase "may incorporate" renders the claim indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
Regarding claim 6, the phrase "an optional" renders the claim indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) s 1-6 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by EP 0184950 (Ledoux).
Regarding Claim 1, Ledoux teaches a grip handle that may be used with a sports pole (5) or mobility device that is comprised of an elongated, cylindrical shaft (4) where a support ledge (6) extends out in a generally perpendicular orientation from the lower end of said grip handle and that may be in a curved shape, and one or more contoured support thumb channels (11 and 12) located on the upper end of the handle.
Regarding Claim 2, Ledoux teaches that said contoured thumb channel is, or channels are, located in the upper area of the handle, and the said channel or channels descend down towards the middle area of the handle (see Fig. 1).
Regarding Claim 3, Ledoux teaches that said elongated, cylindrical shaft is of sufficient length for a user to comfortably wrap their fingers around said grip handle and hold said grip handle and that the handle incorporates grooves (18/19/20) for the fingers or may be smooth.
Regarding Claim 4, Ledoux teaches a right-handed grip handle (when the device is symmetrical – see Paragraph 0019) and a left-handed grip handle (shown in the Figures) wherein the thumb-contoured channel(s) to be located on the upper section of the handle facing the user when the user is holding the handle in front of their person, and the support ledge to be located on the lateral or outside of the handle (at 6a) facing the user when the user is holding the handle in front of their person.
Regarding Claim 5, Ledoux teaches, on the lower end of the handle, an opening (into which 5 is assembled) to accept a pole (5).
Regarding Claim 6, Ledoux teaches (see Paragraph 0032) an optional wrist strap detachably coupled (at 21) to the handle grip.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. CA 2266754, FR 2572657, Heim et al., Lange et al., Miller, Penney, Haberlin, and Feagin, Jr. teach walking/Nordic pole grips.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NOAH C. HAWK whose telephone number is (571)272-1480. The examiner can normally be reached M-F 9am to 5:30pm.
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, David Dunn can be reached at 5712726670. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
NOAH C. HAWK
Primary Examiner
Art Unit 3636
/Noah Chandler Hawk/Primary Examiner, Art Unit 3636