DETAILED ACTION
This is the First Office Action on the Merits based on the 18/799,932 application filed on 08/09/2024 and which claims as originally filed have been considered in the ensuing 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 .
Priority
Acknowledgment is made of applicant's claim for foreign priority based on an application filed in China on 11/23/2023. It is noted, however, that applicant has not filed a certified copy of the CN202323182466 application as required by 37 CFR 1.55.
Currently, the claims only have priority to 08/09/2024.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are:
First locking member in claim 1; the first locking member is denoted by reference numeral “3” and is tubular member with an anti-drop portion, a second assembly notch and a second mating slot as shown in Fig. 11
Second locking member in claim 2; the second locking member is denoted by reference numeral “8” and is a plate having two apertures corresponding to a first locking position and a second locking position
Resetting member in claim 2; the resetting member is denoted by reference numeral “61”and is a tension spring
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
The Examiner notes that “an unlocking member” has not been interpreted under 35 USC 112(f) as the unlocking member is later clarified in claim 1 as having a foot switch.
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)(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 1 is rejected under 35 U.S.C. 102(a)(2) as being anticipated by Fang (US 2025/0367499).
Regarding claim 1:
Fang a running platform (1) provided with a deployed position (see Fig. 1) and a stowed position (Fang discloses that the rotatable column 2 is rotatable, which creates a stowed position); and upright posts (2) rotatably mounted on the running platform, the upright posts being rotated to the deployed position so that the running platform and the upright posts are in a relatively deployed state, and the upright posts being rotated to the stowed position so that the running platform and the upright posts are in a relatively stowed state (see abstract and Fig. 1-3); wherein the running platform and the upright posts are respectively provided with a first locking member (movable gear plate 3, equivalent to the locking member disclosed by Applicant, see claim interpretation above) and a second locking member (fixing gear plate 4, equivalent to the locking member disclosed by Applicant, see claim interpretation above) thereon, the first locking member is movably arranged, and the second locking member is fixedly arranged (see Fig. 3); and an unlocking member (driving handle 18, equivalent to the unlocking member disclosed by Applicant, see claim interpretation above), wherein the first locking member is drivingly movable by the unlocking member so that the first locking member and the second locking member are locked or unlocked (see Fig. 2-5); the second locking member is provided with a first locking position and a second locking position thereon (the first locking position is the deployed position and the second locking position is the stowed position), when the upright posts are in the deployed position, the first locking member is snapped into the first locking position to lock the upright posts, and when the upright posts are in the stowed position, the first locking member is snapped into the second locking position to lock the upright posts (see Fig. 1-5); and the unlocking member is a foot switch (the driving handle 18 has been considered a foot switch lacking any other structural or functional limitations, the Examiner notes it would be possible for a user to move the driving handle with their foot) which is pivotally or reciprocally movably arranged, and the unlocking member acts to drive the first locking member to retract or displace, so that the first locking member is detached from the first locking position or the second locking position (see Figs. 1-5).
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Allowable Subject Matter
Claims 2-11 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MEGAN M ANDERSON whose telephone number is (313)446-6531. The examiner can normally be reached M-TH 6 a.m. -4 p.m. (Arizona).
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, LoAn Jimenez can be reached at 571-272-4966. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Megan Anderson/Primary Examiner, Art Unit 3784
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