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 . This action is in response to Application #18/785,558 and response filed on 27 April 2026.
Specification
The disclosure is objected to because of the following: Paragraph 23, amended on 27 April 2026, describes the articulating mount structure and operation regarding first (60), second (62) and third (63) recesses in the pivot pin (40). It is detailed the first recess (60) is deeper in depth than the second (62) and third (63) which are the same depth. In one configuration of the pivot pin, the first recess is the use position, and the second recess is the storage position, and the third recess is not used. This makes the use position the position requiring the greatest force to move from use to storage. In the second configuration of the pivot pin, the first recess is the storage position and the third recess is the use position, making the storage position requiring of the greater force to move. This arrangement requires the pin to be constructed with recesses (60, 62, 63) as shown in Fig.5, with the first recess (60) located in between the second (62) and third (63) recesses. This appears to be written and drawn correctly.
However, the last sentence of Amended Paragraph 23 contradicts the rest of amended Paragraph 23. It appears the last sentence should read: “In the second configuration the detent mechanism 42 engages the first recess 60 in the storage [[use]] position, engages the third recess 63 in the use [[storage]] position, and does not engage the second recess 62 in either the use portion or the storage position.”
The second to last sentence refers to the third recess as element 64, instead of 63, of amended paragraph 23.
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.
Claims 4, 21 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 enablement requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to enable one skilled in the art to which it pertains, or with which it is most nearly connected, to make and/or use the invention.
Claim 4 recites “…in the first configuration, the detent engages the first recess in the storage position, engages the second recess in the use position… in the second configuration, the detent mechanism engages the first recess in the .
Claim 21 recites “…in a first configuration of the pivot pin, the detent mechanism is arranged to engage a first recess of the recesses in the storage position, engage a second recess of the recesses in the use position… …second configuration in which the detent mechanism engages the first recess in the use position, does not engage the second recess in either the use position or the storage position, and engages the third recess in the use position.” (underlined for emphasis).
This limitation is inconsistent with the content of Paragraph 23 of the Specification. It is unclear if the Specification is in error or the claims, and the structural relationships and operation of the claimed configuration is not enabled by the Specification.
It appears, from a review of the Specification (amended paragraph 23 except for the last sentence) and drawings, the apparatus is designed to work as follows:
In the first configuration, the first recess 60 is engaged in the use position and the second recess 62 is engaged for the storage position.
In the second configuration, the first recess 60 is engaged in the storage position, and the third recess 63 is engaged for the use position.
Allowable Subject Matter
Claims 1-3, 5-12 are allowed.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Please see attached PTO-892 for pertinent art.
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 JOHN D COOPER whose telephone number is (571)270-3998. The examiner can normally be reached M-F: 7:30 - 4:30 MST.
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, TROY CHAMBERS can be reached at 571-272-6874. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JOHN COOPER/Primary Examiner, Art Unit 3641
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