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
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Claim Objections
Claim 1 is objected to because of the following informalities: In line 7, in the phrase “comprising an outer cover (4) covering the head (1b) is attached to the insert (9),”, the word “and” should be inserted before “is attached” for grammatical purposes. Appropriate correction is required.
Claim Rejections - 35 USC § 112
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 1, 3-7 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.
Claim 1 recites the limitations "the flange (31p, 32p) of the holes" in line 11; “the flange (10p) of the axial hole” in lines 11-12; and “the flange (43p) of the opening” in line 12. There is insufficient antecedent basis for these limitations in the claim. Appropriate correction or clarification is required.
Claim 1 recites the limitation "being congruent and parallel to the first skirt surface" in lines 3-4. It is unclear as to whether this phrase further limits the term “a joint surface” or “the upper arm stem”. Appropriate correction or clarification is required.
Claim 5 recites the limitation "the shaft grooves" in line 2. Claim 5 depends from claim 3, which depends from claim 1, and neither claim 3 nor claim 1 recites “shaft grooves (it is noted that claim 4 recites “shaft grooves). Therefore, there is insufficient antecedent basis for this limitation in the claim. Appropriate correction or clarification is required.
Claim 6 recites the limitation "the stems" in line 3. There is insufficient antecedent basis for this limitation in the claim. It is unclear whether “the stems” refers to the forearm stem and the upper arm stem or other stems. Appropriate correction or clarification is required.
Allowable Subject Matter
Claims 1, 3-7 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.
The following is a statement of reasons for the indication of allowable subject matter: The closes prior art of record, WO 2021/257040; EP 3 505 140; WO 2007/029808; US 2016/0338840; US 2016/0220378; US 2014/0277525; US 2013/0345818; US 2012/0053697; US 2011/0153024; US 2010/0222887, and the other prior art cited on the PTO-892 fails to disclose or render obvious the combination of features/limitations as recited in claim 1, in particular an outer cover (4) covering the head (1b) and is attached to the insert (9), on which a first covering plate (31) with a first hole (31f) and a second covering plate (32) with a second hole (32f) both having the same diameter (D) as the diameter (d) of the axial hole (10) of the insert (9) formed as a pipe section are oppositely arranged, and a forearm stem (1) opening (43) is formed, and flanges (31p,32p) of the holes (31f,32f) are welded to a flange (10p) of the axial hole (10), and a flange (43p) of the opening (43) of the forearm stem (1) is welded to the forearm stem (1) along the respective flanges (31p,32p,10p,43p ) by a continuous seam.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See PTO-892.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KATRINA M STRANSKY whose telephone number is (571)270-3843. The examiner can normally be reached Monday-Friday 8:30 am-5:00 pm EST.
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/KATRINA M STRANSKY/Primary Examiner, Art Unit 3700
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