The arguments and amendments submitted 05/22/2026 have been considered. In light of amendments made, all prior USC § 112(b) rejections are hereby withdrawn. The merits of the claims are discussed below.
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.
Claims 21-23 are 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 pre-AIA the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claim 21, lines 16-17 recite the limitation of a “a releasable coupling positioned between the arm and the handle that is configured to couple the handle to the arm in the pressing position and release in the raised position", but applicant has not pointed out specifically where the limitation is supported, nor does there appear to be a written description of these features anywhere in the disclosure. Therefore, this limitation is unsupported new matter. Dependent claims fall herewith.
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.
Claims 1-5, 10-16, and 21-23 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 1, line 13 and claim 21, line 14 each recite "the pressure". This term is not previously used in these claims and therefore does not have proper antecedent basis. Dependent claims fall herewith.
Claim 12, lines 9-10 recite "supporting the second mandrel with an arm and is attached to a column support about a pivot point that facilitating pivoting of the second mandrel relative to the first mandrel". It is unclear what structure is attached to the column support as claimed, rendering the claim indefinite. Dependent claims fall herewith.
Claim 15, line 4 recites "the first distance". This term is not previously used in this claim or the parent claims and therefore does not have proper antecedent basis.
Allowable Subject Matter
Claims 1-5 and 10-11 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.
Figueroa (US PG Pub 2019/0126665) and Rinaldi (US Patent 5,481,759), each previously made of record, are the closest prior art of record to claim 1.
The teachings of these references relevant to claim 1 have been described in section 16 of the previous office action.
Response to Arguments
Applicant's arguments filed 05/22/2026 have been fully considered and are addressed in the sections above and following.
Independent claim 12 was not found in a search of the prior art but is indefinite for the reasons given above with a high degree of uncertainty about the scope of the claim and therefore rejected under 35 U.S.C. 112(b). Therefore, per MPEP 2173.06, where there is a great deal of confusion and uncertainty as to the proper interpretation of the limitations of a claim, it would not be proper to reject such a claim on the basis of prior art. As stated in In re Steele, 305 F.2d 859, 134 USPQ 292 (CCPA 1962), a rejection under 35 U.S.C. 103 should not be based on considerable speculation about the meaning of terms employed in a claim or assumptions that must be made as to the scope of the claims.
Independent claim 21 was not found in a search of the prior art, but has unsupported new matter and therefore stands rejected under 35 U.S.C. 112(a). Furthermore, claim 21 is also rejected under 112(b) for the reason given above.
Conclusion
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.
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/JRS/
Examiner
Art Unit 1745
/PHILIP C TUCKER/Supervisory Patent Examiner, Art Unit 1745
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