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 .
Specification
The abstract of the disclosure is objected to because form and legal phraseology often used in patent claims, e.g., "comprising", "said", and "characterized," should be avoided; therefore, the terms “comprises” and “comprising” are suggested to be replaced with -- includes -- and -- including--. The abstract should sufficiently describe the disclosure to assist readers in deciding whether there is a need for consulting the full patent text for details. The language should be clear and concise and should not repeat information given in the title. It should avoid using phrases which can be implied, such as, “This disclosure concerns,” “The disclosure defined by this invention,” “This disclosure describes,” etc. Correction is required. See MPEP § 608.01(b).
The disclosure is objected to because of the following informalities: the recitations in paragraph [0048] describing the section 204 colliding with the second set of snaps 132 and generate the clicking sound is misdescriptive and should be corrected since the section 204 is axially spaced from the snaps 132 and cannot collide to generate the clicking sound as disclosed. Figure 2C clearly illustrates the second set of snaps 132 and the section 204 are of the gear 130; it is noted that the section 204 should engage and generate a clicking sound when colliding with the first set of snaps 128 of the cavity 124.
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 “plurality of elastic ribs is fabricated with at least one protrude section that deforms while making contact with the second set of snaps of the ratchet gear” in claim 7 and 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 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 7 and 15 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 7 requires at least one protruded section (204) to deform while making contact with the second set of snaps (132) of the ratchet gear (130); however, the at least one protruded section (204) of the elastic ribs (134) is axially spaced from the second set of snaps (132) on the same ratchet gear (130) as shown in figure 2C and disclosed (for the components of the ratchet gear 130 having the ribs 134 and the snaps 132). Claim 15 is rejected for the same reason requiring at least one protruded section (204) to deform while making contact with the second set of snaps (132) of the ratchet gear (130); however, the at least one protruded section (204) of the elastic ribs (134) is axially spaced from the second set of snaps (132) on the same ratchet gear (130) as shown in figure 2C and disclosed (for the components of the ratchet gear 130 having the ribs 134 and the snaps 132).
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 7 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 applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding claim 7, it is unclear how the protruded section (204) of the elastic ribs (134) is able to contact the second set of snaps (132) of the ratchet gear (130) since the claim implies a direct contact is required. For purpose of examination, it is assumed the contact is direct and the section (204) deforms while making contact with the first set of snaps (128) of the cavity. Clarification and appropriate correction are required.
Regarding claim 15, it is unclear how the protruded section (204) of the elastic ribs (134) is able to contact the second set of snaps (132) of the ratchet gear (130) since the claim implies a direct contact is required. For purpose of examination, it is assumed the contact is direct and the section (204) deforms while making contact with the first set of snaps (128) of the cavity. Clarification and appropriate correction are required.
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.
Claim(s) 1 - 18 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Klotz et al., US 2015/0059064.
Regarding claim 1, Klotz discloses a ratchet structure comprising: a housing (80) having at least one pair of racks (202, 202) slidably overlapped with each other; a cover (78) coupled to the housing (80), having as cavity (cavity or aperture of 44); a ratchet gear (18) detachably secured within the cavity (of 44), wherein the ratchet gear (18) comprising a plurality of elastic ribs (36) having one or more grooves (38); and a knob (12) having a plurality of driving ribs (34) configured to be received within the one or more grooves (38) of the plurality of elastic ribs (36), wherein the plurality of driving ribs (34) facilitates the movement of the plurality of elastic ribs (36) of the ratchet gear (18) to slide the at least one pair of racks (204, 204).
Regarding claim 2, Klotz discloses the ratchet structure of claim 1, wherein a rod (54) is attached to the housing (80) that radially extends through the cover (78) and the ratchet gear (18).
Regarding claim 3, Klotz discloses the ratchet structure of claim 1, wherein the cavity (of 44) is fabricated with a first set of snaps (46) and the ratchet gear (18) is fabricated with a second set of snaps (22).
Regarding claim 4, Klotz discloses the ratchet structure of claim 3, wherein the first set of snaps (46) engages with the plurality of elastic ribs (36) and the second set of snaps (22) engages with the at least one pair of racks (204), for the adjustment of the ratchet gear.
Regarding claim 5, Klotz discloses the ratchet structure of claim 3, wherein the first set of snaps (46) engages (via contact portions 50) with the second set of snaps (22) to interlock with each other and restrict movement of the ratchet gear (18), that in turn locks the movement of the at least one pair of racks (202).
Regarding claim 6, Klotz discloses the ratchet structure of claim 3, wherein the at least one pair of racks (202, 202) is fabricated with a notched track (204, 204) that engages with the second set of snaps (22) for the adjustment of the ratchet gear (18).
Regarding claim 7, as best understood, Klotz discloses the ratchet structure of claim 3, wherein the plurality of elastic ribs (36) is fabricated with at least one protruded section (52) that deforms (inwardly) while making contact with the first set of snaps (46) of the cavity (44).
Regarding claim 8, Klotz discloses the ratchet structure of claim 1, wherein the knob (12) having one or more recess (between ridges 76) for proper holding of the knob (12).
Regarding claim 9, Klotz discloses the ratchet structure of claim 1, wherein the knob (12) includes a plurality of clips (74) configured to couple (via a connection between 54 and 72) the knob (12) to the cover (78).
Regarding claim 10, Klotz discloses the ratchet structure of claim 1, wherein the ratchet gear (18) having at least one location column (see the column portion defining a bore 56 of the gear 18), for providing support to the plurality of elastic ribs (36).
Regarding claim 11, Klotz discloses a helmet ratchet structure comprising: a housing (80) attached to a helmet (safety helmet) via at least one pair of racks (202, 202) slidably overlapped with each other; a cover (78) coupled to the housing (80), having a cavity (of 44) fabricated with a first set of snaps (46); a ratchet gear (18) detachably secured within the cavity (of 44), wherein the ratchet gear (18) comprising a second set of snaps (22) and a plurality of elastic ribs (36) with one or more grooves (38); and a knob (12) having a plurality of driving ribs (34) configured to be received within the one or more grooves (38), wherein the plurality of driving ribs (34) facilitates movement of the plurality of elastic ribs (36) of the ratchet gear (18) to slide the at least one pair of racks (202, 202) and the second set of snaps (22) engages (via contact portions 50 of the snaps 46) with the first set of snaps (46), to restrict movement of the ratchet gear (18), that in turn locks the movement of the at least one pair of racks (202, 202) to fasten the helmet.
Regarding claim 12, Klotz discloses the helmet ratchet structure of claim 11, wherein a rod (54) is attached to the housing (78) that radially extends through the cover (80) and the ratchet gear (18).
Regarding claim 13, Klotz discloses the helmet ratchet structure of claim 11, wherein the first set of snaps (46) engages with the plurality of elastic ribs (36) and the second set of snaps (22) engages with the at least one pair of racks (202), for the adjustment of the ratchet gear (18).
Regarding claim 14, Klotz discloses the helmet ratchet structure of claim 11, wherein the at least one pair of racks (202) is fabricated with a notched track (204) that engages with the second set of snaps (22) for the adjustment of the ratchet gear (18).
Regarding claim 15, as best understood, Klotz discloses the helmet ratchet structure of claim 11, wherein the plurality of elastic ribs (36) is fabricated with at least one protruded section (52) that deforms while making contact with the first set of snaps (46) of the cavity.
Regarding claim 16, Klotz discloses the helmet ratchet structure of claim 11, wherein the knob (12) having one or more recess (between ridges 76) for proper holding of the knob (12).
Regarding claim 17, Klotz discloses the helmet ratchet structure of claim 11, wherein the knob (12) includes a plurality of clips (74) configured to couple (via a connection between 54 and 72) the knob (12) to the cover (78).
Regarding claim 18, Klotz discloses the helmet ratchet structure of claim 11, wherein the ratchet gear (18) having at least one location column (see the column portion defining a bore 56 of the gear 18), for providing support to the plurality of elastic ribs (36).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See PTO-892 for similar art cited.
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/R.D./ Examiner, Art Unit 3677
/JASON W SAN/ SPE, Art Unit 3677