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 .
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 axle being “connected offset” from the center of the shaft, as set forth in claim 19; 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.
The drawings are objected to because newly added Figure 10 contains new matter not present in the parent application.
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.
Specification
The disclosure is objected to because of the following informalities: Paragraph [0001] fails to state that the parent application has matured into a US Patent.
Newly added paragraph [0040.1] constitutes new matter, given the fact that it refers to Figure 10, which contains new matter no present in the parent application.
Appropriate correction is required.
Claim Objections
Claims 15, 24, and 31 are objected to because of the following informalities: The term “plan” should be replaced with the term - -plane- - in line 4 of claim 15 and line 3 of claim 31.
The term “having” should be replaced with the term - -has- - in line 1 of claim 24.
These corrections are for grammatical clarity. Appropriate correction is required.
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.
Claim 23 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 applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claim 23 includes limitations (grooves, knurls, and projecting members) that were not shown in the drawings of the parent application. Furthermore, the specification fails to provide explicit descriptions of the actual physical structure and/or locations of the “grooves, knurls, and projecting members”. Therefore, this limitation is new matter.
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 15-34 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.
Claims 15 and 18 are indefinite due to the fact that it is unclear how the axle is suitable for “extending outwardly” from the frame. No directional indicators (i.e. axially, radially, longitudinally, transversely, etc.) have been provided to clearly define this limitation.
Claim 19 is indefinite due to the fact that it is unclear how the axle is “connected offset” from the center of the shaft. Such a feature is not shown in the drawings.
Claim 26 is indefinite due to the fact that line 3 lacks punctuation, making it unclear whether or not the claim is complete.
Claim 31 is indefinite due to the fact that it is unclear what is actually being claimed by the phrase “adapted to receive”. This phrase is generally narrative (see section 9 below), and fails to describe any actual physical structure of the invention.
The claims are generally narrative and indefinite, failing to conform with current U.S. practice. They appear to be a literal translation into English from a foreign document and are replete with grammatical and idiomatic errors.
Double Patenting
Claims 15-18, 20-22, and 24-30 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1 and 4 of U.S. Patent No. 12,091,110. Although the claims at issue are not identical, they are not patentably distinct from each other because the pending claim(s) is/are fully encompassed by the patented claims. Therefore, it is obvious that the Applicant is claiming the same invention in different and/or broader terms.
Allowable Subject Matter
Claims 31-34 would be allowable if rewritten or amended 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.
Response to Arguments
Applicant's arguments filed 29 August 2024 have been fully considered but they are not persuasive. The Applicant argues that newly added Figure 10 finds support in Figure 5 and paragraphs [0060] and [0063]. However, this is not the case. Figure 10 contains new matter for the following reasons:
Regarding paragraph [0060] and claim 19- Figure 10 fails to show the axle being “offset from the center of the shaft”. Namely, Figure 10 shows the axle having two sections that are offset from the center line of the axle and not the shaft.
Regarding paragraph [0063] and claim 23- The specification of the instant application AND the parent application fails to provide any explicit details to the physical structure and/or location(s) for the “grooves, knurls, and projecting members”. Therefore, Figure 10 contains new matter. Furthermore, this application was filed as a Continuation of the parent application, and as such, no new subject matter can be added to the instant application. Namely, in order to add any of the features shown in Figure 10, a Continuation-in-Part (or CIP) application would need to be filed. In other words, only subject matter clearly and explicitly shown and described in the originally filed application may be claimed and shown in the instant Continuation application. Additionally, the status of the instant application cannot be changed.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The references are related inventions to the instant application.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JASON R BELLINGER whose telephone number is (571)272-6680. The examiner can normally be reached M-F 9-4.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Samuel (Joe) Morano can be reached at (571)272-6684. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JASON R BELLINGER/ Primary Examiner, Art Unit 3615
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