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 .
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 1-5, 7-14 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.
The claims are replete with indefiniteness and antecedent basis that are too numerous to mention each one specifically. Applicant should review all claims and make appropriate corrections. Some examples are noted below:
Claim 1 lines 4, 14 call for “the mounting unit”; claim 1 line 4 calls for “at least one mounting unit”; it is unclear if and how they are related.
Claim 1 lines 10, 18 call for “the protuberance”; claim 1 line 6 calls for “at least one protuberance”; it is unclear if and how they are related.
Claim 1 line 7 calls for “an actuator”; claim 1 line 3 calls for “an actuator”; it is unclear if and how they are related.
Claim 1 line 17 calls for “the cylindrical outer surface of the actuator”; claim 1 line 7 calls for “an outer surface of an actuator”; it is unclear if and how they are related.
Claim 1 line 19 calls for “the longitudinal axis of the actuator”; claim 1 line 12 calls for “an axis of the actuator”; it is unclear if and how they are related.
Claim 2 line 5 calls for “the protuberance”; claim 1 line 6 calls for “at least one protuberance”; it is unclear if and how they are related.
Claim 4 line 2 calls for “the protuberances”; claim 3 line 2, calls for “two protuberances”; it is unclear if and how they are related.
Claim 5 line 2 calls for “the protuberances”; claim 3 line 2, calls for “two protuberances”; it is unclear if and how they are related.
Claim 5 line 2 calls for “the longitudinal axis of the actuator”; claim 1 line 12 calls for “an axis of the actuator”; it is unclear if and how they are related.
Claim 7 lines 3,5 call for “the mounting unit”; claim 1 line 4 calls for “at least one mounting unit”; it is unclear if and how they are related.
Claim 7 line 5 calls for “the axis”; claim 1 line 12 calls for “an axis of the actuator”; it is unclear if and how they are related.
Claim 8 is indefinite because claim 8 is directed to Figs. 2a-3c; however, claim 8 depends from claim 1 which is directed to Figs. 1a-1c.
Claim 9 line 5 calls for “semi-spherical portions”; claim 9 line 2 calls for “a semi-spherical portion”; it is unclear if and how they are related.
Claim 10 is indefinite because claim 10 is directed to Figs. 2a-3c; however, claim 10 depends from claim 1 which is directed to Figs. 1a-1c.
Claim 11 lines 1,2 call for “the mounting unit”; claim 1 line 4 calls for “at least one mounting unit”; it is unclear if and how they are related.
Claim 11 line 3 calls for “a boom”; claim 1 line 2 calls for “a boom”; it is unclear if and how they are related.
Claim 12 line 2 calls for “the mounting unit”; claim 1 line 4 calls for “at least one mounting unit”; it is unclear if and how they are related.
Claim 13 line 2 calls for “the support surfaces”; claim 1 line 9 calls for “a support surface”; it is unclear if and how they are related.
Claim 13 line 2 calls for “the mounting unit”; claim 1 line 4 calls for “at least one mounting unit”; it is unclear if and how they are related.
Allowable Subject Matter
Claim 1 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.
Claims 2-5,7,9,11-14 would be allowable if rewritten 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 and to include all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter: The closest prior art to the claimed invention is directed to JP document ‘151. JP document ‘151 discloses a mining machine (see Fig. 1) comprising: a frame (2) and a boom (7B) connected with an articulation to the frame; an actuator(7C) arranged for lifting and lowering the boom; an actuator mounting arrangement including at least one mounting unit (68), the mounting unit comprising: a first mounting part (68A,68B) having a first recess arranged for partially receiving at least one protuberance (7a) extending from an outer surface of an actuator (7b), and a second mounting part (68A,68B) having a second recess arranged for partially receiving the at least one protuberance (7a), the first and second recesses facing each other and forming a support surface for the protuberance, wherein each of the first mounting part and the second mounting part includes a through hole (see Figs. 3,7) arranged for receiving the actuator so that the first mounting part and the second mounting part encircles the actuator in a plane transverse of an axis of the actuator in a mounted state and the actuator extends through the through holes of the first mounting part and the second mounting part of the mounting unit, and wherein the first mounting part and the second mounting part have matching holes for mounting bolts (see Figs. 3,7) with which the first mounting part and the second mounting part are detachably mounted together. However, the prior art either alone or in combination fails to also include a transitional portion arranged between the cylindrical outer surface of the actuator and the protuberance, wherein the transitional portion includes a first support surface extending parallel with the longitudinal axis of the actuator and a side surface extending from the first support surface to the cylindrical outer surface of the actuator as specifically called for in the claimed combination.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SUNIL SINGH whose telephone number is (571)272-7051. The examiner can normally be reached M-Th 8-3, F 9-8 and 2nd Sat 11-7.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Amber Anderson can be reached at 571 270 5281. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SUNIL SINGH/Primary Examiner, Art Unit 3678
SS
3/6/2026