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
Examiner’s Comments
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.
Column and line (or Paragraph Number) citations have been provided as a convenience for Applicants, but the entirety of each reference should be duly considered. Any recitation of a Figure element, e.g. “Figure 1, element T should be construed as inherently also reciting “and relevant disclosure thereto”.
Specification
The amendment filed 9/3/26 is objected to under 35 U.S.C. 132(a) because it introduces new matter into the disclosure. 35 U.S.C. 132(a) states that no amendment shall introduce new matter into the disclosure of the invention. The added material which is not supported by the original disclosure is as follows: new claim 15 adds the limitations that the second bracket covers upper, lower, left, and right sides of the protection target member which has no support in the disclosure as originally filed.
Applicant is required to cancel the new matter in the reply to this Office Action.
The disclosure is objected to because of the following informalities: on page 8, lines 20-22, the specification states the bolt fixes the front bracket 200 linearly in a direction “in which the contact portion 210 protrudes”. However, this is unclear because the contact portion protrudes in a direction opposite from the direction in which the bolt extends (see FIG.3). That is, the contact portion extends linearly in a front direction and the bolt extends linearly in a rear direction, opposite to the direction in which the portion protrudes. Further clarification is requested.
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 contact portion being bent in “a left and right direction” in claim 9; the bolt fixing the second bracket to the first bracket fixing the second bracket linearly in a direction “in which the contact portion protrudes” of claim 12; and the second bracket covering upper, lower, left, and right sides of the protection target member of claim 15 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 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 9, 12, and 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 pre-AIA the applicant regards as the invention.
Claim 9 is indefinite and unclear in that the contact portion is recited to be bent in “a left and right direction” at an end portion thereof which is unclear and contradicts that which is disclosed in the specification and shown in the drawing figures. Specifically, at page 6, lines 20-22 of the specification, the contact portion 210 is described as being “bent in a right direction”. There is no disclosure that the portion is bent in both a left and right direction. Clarification is requested.
In claim 12, line 1, “a bolt” is recited which lacks antecedent basis in the claims. Additionally, lines 1-3 are indefinite because the bolt is recited to fix the second bracket in a direction “in which the contact portion protrudes”. This matches verbatim that which is disclosed in the specification at page 8, lines 20-22. However, the specification and this claim are unclear in that the contact portion protrudes in a direction opposite from the direction in which the bolt extends (see FIG.3). That is, the contact portion extends linearly in a front direction and the bolt extends linearly in a rear direction, opposite to the direction in which the portion protrudes. Further clarification is requested.
Claim 15 is indefinite because the recitation that the second bracket covers upper, lower, left, and right sides of the protection target member is unclear. The second bracket at most could be said to cover the target member at an upper portion, lower portion, and the front side only as seen in the drawing figures (see FIG.2C) and described in the specification. It is the sub bracket (SB) that covers the target member on an opposite, rear, side. No apparent structure covers the target member on lateral left and right sides thereof. Further explanation is requested.
Allowable Subject Matter
Claims 1-8, 10-11, 13-14, 16-20 are allowed.
Claims 9, 12, 15 would be allowable if rewritten 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 and to include all of the limitations of the base claim and any intervening claims.
The primary reason for the indication of allowable subject matter for the current application is the inclusion of the specific bolt fixing the second bracket to the base penetrating both the second bracket and the first bracket at a portion where the contact portion and the first bracket overlap each other in combination with the other elements recited, which is not found in the prior art of record.
Response to Arguments
Applicant’s arguments with respect to claim(s) as amended have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HILARY L GUTMAN whose telephone number is 571.272.6662. 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, VIVEK KOPPIKAR can be reached on 571.272.5109. 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 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. Should you have questions, 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.
/HILARY L GUTMAN/Primary Examiner, Art Unit 3612B
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