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 .
DETAILED ACTION
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 force applicator being a threaded rod portion of the locating pin, from Claim 6, 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 § 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.
(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(s) 13 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by DE Patent No. DE 3604497 (DE 497).
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Regarding Claim 13: DE 497 discloses a telescoping leg comprising: a leg tube (See Annotated Fig. A); an extendable leg (See Annotated Fig. A) shaped and sized to slide within the leg tube, and having a linear array of holes (See Annotated Fig. A) in a longitudinal direction along one side of the extendable leg; a knee (See Annotated Fig. A) between the leg tube and the extendable leg, at least partially surrounding an end of the leg tube from which the extendable leg extends, and including a threaded aperture (See Annotated Fig. B) and a knee aperture (See Annotated Fig. B); a threaded pin (See Annotated Fig. B) having a threaded-pin tip (See Annotated Fig. B) that, when screwed into the threaded aperture (See Annotated Fig. B), secures a position of the extendable leg (See Annotated Fig. B) within the leg tube (See Annotated Fig. B); and a locking mechanism (See Annotated Fig. B) at the knee aperture and including (i) a locating pin (See Annotated Fig. B) having a locating- pin tip (See Annotated Fig. B) extending through the knee aperture toward the linear array of holes; and (ii) a spring (See Annotated Fig. B) that applies a force on locating pin (See Annotated Fig. B), the force being perpendicular to the longitudinal direction, when (i) the locating pin (See Annotated Fig. B) is aligned with one hole (12) of the linear array of holes and (ii) the spring is not subject to an externally-applied force, the locating-pin tip (See Annotated Fig. B) extends into the one hole (12) and mates with an interior surface (See Annotated Fig. B) of the one hole to further secure the position of the extendable leg.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 1-3, 5, 6, 8, 9, 14, 16-18 are rejected under 35 U.S.C. 103 as being unpatentable over DE 497 in view of CA Patent No. 1127599 (CA 599).
Regarding Claim 1: DE 497 discloses a telescoping leg comprising: a leg tube (See Annotated Fig. A); an extendable leg (See Annotated Fig. A) shaped and sized to slide within the leg tube, and having a linear array of . . . holes (See Annotated Fig. A) in a longitudinal direction along one side of the extendable leg; a knee (See Annotated Fig. A) between the leg tube and the extendable leg, at least partially surrounding an end of the leg tube from which the extendable leg extends, and including a knee aperture (See Annotated Fig. B); and a locating pin (See Annotated Fig. B) having a tapered tip (See Annotated Fig. B) extending through the knee aperture (See Annotated Fig. B) toward the linear array of holes (See Annotated Fig. A); and a force applicator (See Annotated Fig. B) that applies a force on the locating pin (See Annotated Fig. B) to press the tapered tip against the . . . hole (12), when (i) the locating pin (See Annotated Fig. B) is aligned with one . . . hole (12) of the linear array of . . . holes and (ii) the force applicator (See Annotated Fig. B) is not subject to an externally-applied force, the tapered tip (See Annotated Fig. B) extends into the one . . . hole and mates with an interior surface (See Annotated Fig. B) of the one tapered hole to secure a position of the extendable leg within the leg tube.
DE 497 does not disclose that the holes are tapered. However, CA 599 teaches a tapered aperture (28, 40). It would have been obvious to a person having ordinary skill in the art at a time before the effective date of the claimed invention to modify the apparatus of DE 497 by using a tapered hole similar to those taught by CA 599 to prevent unwanted rotation of one leg with respect to the other.
Regarding Claim 2: DE 497 discloses a telescoping leg of claim 1, the force applicator being a spring (See Annotated Fig. B).
Regarding Claim 3: DE 497 discloses a telescoping leg of claim 1, the knee having a threaded aperture (See Annotated Fig. B) and further comprising: a threaded pin (See Annotated Fig. B) that, when screwed into the threaded aperture (See Annotated Fig. B), further secures the position of the extendable leg.
Regarding Claim 5: DE 497 discloses a telescoping leg of claim 3, the threaded pin being retractable within a cavity (See Annotated Fig. B) in a position that does not interfere with extension and retraction of the extendable leg.
Regarding Claim 6: DE 497 discloses a telescoping leg of claim 1, the force applicator (See Annotated Fig. B) being a threaded rod portion (17) of the locating pin (See Annotated Fig. B).
Regarding Claim 8: DE 497 discloses a telescoping leg of claim 1, the locating pin (See Annotated Fig. B) retractable within a cavity (See Annotated Fig. B) in a position that does not interfere with extension and retraction of the extendable leg.
Regarding Claim 9: DE 497 discloses a telescoping leg of claim 1, the locating pin (See Annotated Fig. B) and the force applicator (See Annotated Fig. B) being a component of a locking mechanism (See Annotated Fig. B) secured to the knee aperture (See Annotated Fig. B).
Regarding Claim 14: DE 497 discloses a linear array of holes (See Annotated Fig. A) but does not discloses the holes being tapered holes. However, CA 599 teaches a tapered aperture (28, 40). It would have been obvious to a person having ordinary skill in the art at a time before the effective date of the claimed invention to modify the apparatus of DE 497 by using a tapered hole similar to those taught by CA 599 to prevent unwanted rotation of one leg with respect to the other.
Regarding Claim 16: DE 497 discloses a telescoping leg of claim 14, the threaded-pin tip being a tapered tip (See Annotated Fig. B).
Regarding Claim 17: DE 497 discloses a telescoping leg of claims 14, the locating-pin tip being a tapered tip (See Annotated Fig. B).
Regarding Claim 18: DE 497 discloses a telescoping leg of claim 14, the threaded-pin tip (See Annotated Fig. B) and the locating-pin tip (See Annotated Fig. B) being retractable within respective cavities (See Annotated Fig. B) in a position that does not interfere with extension and retraction of the extendable leg.
Allowable Subject Matter
Claims 4, 7, 10, 11, 15, and 19-22 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.
Claim 12 is allowed.
Reasons for Allowable Subject Matter
None of the cited prior art, considered alone or in combination, discloses or teaches:
a telescoping leg of claim 3, the threaded pin having a second tapered tip that, when the locating pin is aligned with the one tapered hole of the linear array of tapered holes and the threaded pin is screwed in the threaded aperture, the second tapered tip extends into an additional tapered hole of the linear array of holes and mates with an interior surface of the additional tapered hole to further lock the extendable leg in the one position;
a telescoping leg of claim 1, the interior surface having an interior-taper angle with respect to an external lateral surface of the extendable leg, the tapered tip having an exterior-taper angle corresponding to the interior-taper angle;
a telescoping leg of The telescoping leg of a lateral surface of the extendable leg including a recessed region defining a channel; each tapered hole of the linear array of tapered holes being in the recessed region; and a distal end of the locking mechanism protruding into the channel, thereby preventing the extendable leg from exiting the leg tube;
a telescoping leg of claim 1, a width of each tapered hole of the linear array of tapered holes decreasing as a function of distance from an outside surface of the extendable leg; or
a metrology tripod comprising: a center column; a base support attached to the center column; three shoulder assemblies each attached to the base support; three telescoping legs of claim 1, each attached to a respective one of the three shoulder assemblies; and three struts each attached to and extending from the center column and rigidly displacing a respective one of the three telescoping legs from the center column.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. In addition to the references used in this rejection and those cited in the PTO-892, the following references are very relevant to the claimed invention: US 11951952, 10295292, 7628369.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ERET C MCNICHOLS whose telephone number is (571)270-7363. The examiner can normally be reached Monday - Friday: 9:00 - 5:00 (Eastern).
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Terrell McKinnon can be reached at 571-272-4797. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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ERET C. MCNICHOLS
Primary Examiner
Art Unit 3632
/ERET C MCNICHOLS/Primary Examiner, Art Unit 3632
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