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 .
Specification
The abstract of the disclosure is objected to because it exceeds the maximum length of 150 words and includes reference characters. A corrected abstract of the disclosure is required and must be presented on a separate sheet, apart from any other text. See MPEP § 608.01(b).
Claim Objections
Applicant is advised that should claims 1-4, 6, and 15 be found allowable, claims 8-11, 13 and 16 will be objected to under 37 CFR 1.75 as being a substantial duplicate thereof. When two claims in an application are duplicates or else are so close in content that they both cover the same thing, despite a slight difference in wording, it is proper after allowing one claim to object to the other as being a substantial duplicate of the allowed claim. See MPEP § 608.01(m).
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.
Claims 1 and 8 are rejected under 35 U.S.C. 103 as being unpatentable over Jarman et al. in US Publication 2009/0114258 in view of Joseph et al. in US Publication 2004/0245762.
Regarding Claim 1, Jarman teaches a length-adjusting arrangement suitable for ski poles and walking poles, the length-adjusting arrangement comprising: an outer tube (102) having first and second ends, the outer tube having a locking device (210) on the first end: an inner element (202/104) having a first free end (206/106) that projects from and is axially displaceable from the first end of the outer tube, the locking device being configured so that the inner element and the outer tube can be releasably locked in various axial positions relative to each other (at different height 204): a control organ (222) that runs axially along the outer tube and which is arranged in a space between the outer tube and the inner element, a regulating device (236) arranged on the second end of the outer tube, the regulating device being configured so that the locking device can be maneuvered via the control organ: an outer surface of the inner element including two or more hollows (204) arranged at an axial distance from each other; the locking device including a latch (212) that is axially fixed relative to the outer tube such that the regulating device allows said latch to be inserted into, and moved out from, one or more of said hollows of the inner element, the length-adjusting arrangement being configured to allow moving said latch from said hollow when, under control of the regulating device, said control organ is displaced in a direction towards the first end of the outer tube, the inner element and the outer tube being, under the control of the regulating device. disengaged in an axial direction relative to each other (see Paragraph 0028).
Jarman is silent on the use of an arcuate control organ. Joseph teaches a length-adjusting arrangement suitable for ski poles and walking poles including a control organ (110) that has a thin arcuate cross section, an outer contour of said cross section essentially coinciding with some part of an inner contour of cross section of an outer tube (20 – see Fig. 18). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Jarman by using a thin arcuate control organ as taught by Joseph in order to provide a more compactly assembled device.
Regarding Claim 8, Jarman teaches a length-adjusting arrangement suitable for ski poles and walking poles. the length-adjusting arrangement comprising: an outer tube (102) having first and second ends. the outer tube having a locking device (210) on the first end: an inner element (202/104) having a first free end (206/106) that projects from and is axially displaceable from the first end of the outer tube. the locking device being configured so that the inner element and the outer tube can be releasably locked in various axial positions relative to each other (at different height 204): a control organ (222) that runs axially along the outer tube and which is arranged in a space between the outer tube and the inner element, a regulating device (236) arranged on the second end of the outer tube. the regulating device being configured so that the locking device can be maneuvered via the control organ: an outer surface of the inner element including two or more recesses (204) arranged at an axial distance from each other; the locking device including a latch (212) that is axially fixed relative to the outer tube such that the regulating device allows said latch to be inserted into, and moved out from, one or more of said recesses of the inner element, the length- adjusting arrangement being configured to allow moving said latch from said recess when, under control of the regulating device, said control organ as displaced in a direction towards the first end of the outer tube, the inner element and the outer tube being, under the control of the regulating device. disengaged in an axial direction relative to each other (see Paragraph 0028).
Jarman is silent on the use of an arcuate control organ. Joseph teaches a length-adjusting arrangement suitable for ski poles and walking poles including a control organ (110) that has a thin arcuate cross section, an outer contour of said cross section essentially coinciding with some part of an inner contour of cross section of an outer tube (20 – see Fig. 18). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Jarman by using a thin arcuate control organ as taught by Joseph in order to provide a more compactly assembled device.
Allowable Subject Matter
Claims 2-7 and 9-16 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
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Guidetti and Hu teach length adjusting mechanisms.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NOAH C. HAWK whose telephone number is (571)272-1480. The examiner can normally be reached M-F 9am to 5:30pm.
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, David Dunn can be reached at 5712726670. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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NOAH C. HAWK
Primary Examiner
Art Unit 3636
/Noah C. Hawk/Primary Examiner, Art Unit 3636
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