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 . In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
Claim 13 rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as failing to set forth 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 sets forth a “telescopic rod locking system, comprising: an outer tube: an inner tube…. And a locking mechanism” where no groove is introduced. However, claim 13 recites “wherein the groove is formed on the reinforced portion” which is referred to the limitation of a grove in the system. It is unclear whether “the groove” is being positively claimed as a newly introduced element of the invention or refers to an element intended to be previously recited in the claim chain (as properly done in claim 2) since it lacks proper antecedent basis. Accordingly, one of ordinary skill in the art is unable to ascertain the exact scope of the claimed invention. For proposes of examination the examiner will interpret the claimed as being as positively including a groove formed on the reinforced portion of the inner tube.
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.
Claims 1, 6-7, 11-12 and 14-16 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 9021661 B2 ( Andel).
Regarding Claim 1 Andel discloses
A telescopic rod locking system (Figure 1 shows a sector 1 with a telescopic carrier/guide rod 2), comprising:
an outer tube (Figures 1 and 2 element 6);
an inner tube configured to extend from and retract into the outer tube (Figures 1 and 2 tube 7 forms an inner tube 7 for the outer tube 6 and the tubes are guided in one another longitudinally movably); and
a locking mechanism (Figures 1 and 2 element 10) comprising:
a clamp body (Figure 2 shows the clamping device 10 is formed as a profile clamp 12 featuring a holding ring 14) comprising:
a first axial end fixedly engaged with the outer tube (Figure 2 shows the profile clamp 12 is disposed immovably on the sliding tube end 9 of the outer tube 6); and
a second axial end configured to releasably engage the inner tube, allowing for the inner tube to be longitudinally locked or released relative to the outer tube ( Figures 2 and 4B shows the movable clamping ring segment 15 and clamping pieces 20 are pressed against the inner tube 7 so that the inner tube 7 is fixed vis-à-vis the outer tube 6 and when the clamping device 10 is not effective it eases an axial displacement of the tubes 6 and 7 relative to one another, Paragraph 10).
Regarding Claim 6 Andel discloses
The telescopic rod locking system of claim 1, wherein the locking mechanism further comprises a handle (Figures 2,3 and 4B element 17) operatively connected to a locking bolt to engage or release the inner tube (Figures 2 and 4B shows element 17is connected to element 25 that connects element 17 with element 15 to set the pressing force and engage or release the inner tube 7).
Regarding Claim 7 Andel discloses
The telescopic rod locking system of claim 6, wherein the locking mechanism further comprises a locking assembly comprising first and second locking members ( Figures 2 and 4B shows members half shaped clamping ring segments 15 and 15’ as the first and second locking members, Column 4 lines 45-50) as positioned at the second axial end of the clamp body (Figures 2 and 4B shows the clamping ring segments 15 and 15’ are positioned at the engagement end of the profile clamp 12), wherein the first and second locking members are configured to move radially inward to engage the inner tube when the handle is rotated ( Column 6 lines 35-30 teaches when the clamping lever 17 is clamped, the clamping ring segments 15 and 15’ are pressed the inner tube 7).
Regarding Claim 11 Andel discloses
The telescopic rod locking system of claim 1, wherein the inner and outer tubes have substantially circular cross-sectional shapes (Figures 3, 4A and 4b show the circular cross-sections).
Regarding Claim 12 Andel discloses
The telescopic rod locking system of claim 1, wherein the inner and outer tubes have non-circular cross-sectional shapes (Page 2 left column lines 14-17 says the tubes can be of a number of shapes including polygonal).
Regarding Claim 14 Andel discloses
A multi-stage telescopic rod locking system ( Figure 1 shows a detector 1 with a multi- stage telescopic carrier/guide rod 2), comprising: an outer tube ( Figure 1 element 6); a plurality of inner tubes, each configured to extend from and retract into an outer tube ( Figure 1 shows inner tube 7 and inner tube 8 guided longitudinally movably inside one another) ; and a plurality of locking mechanisms each comprising a clamp body ( Figure 1 shows a plurality of clamping devise 10 and 10’ acting as clamp bodies disposed respectively on the sliding side tuber ends 9 and 9’), wherein each clamp body comprises: a first axial end fixedly engaged with the outer tube ( Figures 1 and 2 show each profile clamp 12 is disposed immovably on the sliding tube end of the respective outer tube, paragraph 8); and a second axial end configured to releasably engage an inner tube, allowing for the inner tube to be longitudinally locked or released relative to the outer tube ( Figures 1, 2 and 4B show the clamping pieces 20 pressed against the respective inner tubes 7 and 8 to fic them or ease axial displacement).
Regarding Claim 15 Andel discloses
The multi-stage telescopic rod locking system of claim 14, wherein each of the plurality of locking mechanisms comprises a handle operatively connected to a locking bolt to engage or release the inner tube (Figures 1 and 2 show the clamping devices 10 and 10’ are depicted identically and each feature a clamping lever 17 operatively connected to an adjusting screw 25 to engage or release the inner tubes).
Regarding Claim 16 Andel discloses
The multi-stage telescopic rod locking system of claim 15, wherein each of the plurality of locking mechanisms comprise a locking assembly comprising a first locking member and a second locking member, both positioned at a second axial end of each clamp body ( Figures 1 and 4B shows half- shaped clamping ring segments 15 and 15’ as the first and second locking members and they are positioned at the engagement end of each respective profile clamp 12), wherein the first and second locking members are configured to move radially inward to engage the inner tube when the handle is rotated (Column 6 lines 25-30 and Figure 4B show when the respective clamping lever 17 is clamped, the clamping ring segments 15 and 15’ move radially inward and press the clamping pieces 20 against the respective inner tubes 7 and 8).
Claims 1, 6-9 and 14-18 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 8006711 B2 ( Piertrzak et al.).
Regarding Claim 1 Piertzak et al. discloses A telescopic rod locking system ( Figures 1 and 2 element 10 is the trekking pole assembly), comprising: an outer tube ( Figures 1 and 2 element 20 is the first pole member); an inner tube configured to extend from and retract into the outer tube ( Figures 1 and 2 element 22 is the second pole member that is insertable within the first pole member 20); and a locking mechanism ( Figures 1 and 2 element 12 is the clamp assembly) comprising: a clamp body ( Figures 3 and 4 element 32 is the base portion) comprising: a first axial end fixedly engaged with the outer tube ( Figure 6 element 38 is the first open end of the base portion 32 that is mounted to the first pole member 20; Col. 4, lines 50-58); and a second axial end configured to releasably engage the inner tube, allowing for the inner tube to be longitudinally locked or released relative to the outer tube ( Figures 3 and 6 element 40 is the second open end of the base portion 32 which applies a constricting force to compress the first pole member 20 to frictionally hold and releasably engage the second pole member).
Regarding Claim 6 Piertzak et al. discloses the telescopic rod locking system of claim 1, wherein the locking mechanism further comprises a handle operatively connected to a locking bolt to engage or release the inner tube (Figures 5-8 show the clamping lever 34 connected to threaded protrusion 68 to engage or release pole member 22).
Regarding Claim 7 Piertzak et al. discloses the telescopic rod locking system of claim 6, wherein the locking mechanism further comprises a locking assembly comprising first and second locking members positioned at the second axial end of the clamp body ( Figures 5,6 and 8 show the opposing sides of the compression slot 42 of the base portion 32 with the side containing rotation axis A1 acting as the first locking member and the opposite side containing the pivot recess lip 54 acting as the second locking member), wherein the first and second locking members are configured to move radially inward to engage the inner tube when the handle is rotated ( Figures 6 and 7 show that when the lever 34 is rotated to the latched position, it pulls on the axis A1 side and pushes against the pivot recess surface 52 [past the lip 54 drawing the two members radially inwards toward each other to reduce the gap of compression slot 42 and clamp the inner pole 22 ).
Regarding Claim 8 Piertzak et al. discloses the telescopic rod locking system of claim 7, wherein the first and second locking members are positioned relative to one another so as to define a substantially V-shaped locking assembly slot (Figure 6 the distance between both locking members define a v slot element G1).
Regarding Claim 9 Piertzak et al. discloses the telescopic rod locking system of claim 8, wherein the locking bolt passes through the locking members, is engaged with a locking nut, and controls radial movement of the locking members (Figures 4 and 5 element 68 is the threaded protrusion acting as the locking bolt and element 72 is the threaded aperture acting as the locking nut which pass through link slots 45 and 50 to control radial movement).
Regarding Claim 14 Piertzak et al. discloses A multi-stage telescopic rod locking system ( Figures 1 and 2 element 10 is the trekking pole assembly acting as the multi-stage telescopic rod locking system), comprising: an outer tube (20); a plurality of inner tubes, each configured to extend from and retract into an outer tube ( Figures 1 and 2 elements 22 and 24 are the second and third pole members acing as he plurality of inner tubes); and a plurality of locking mechanisms each comprising a clamp body ( Figures 1 and 2 elements 12a and 12b are the first and second clamp assemblies acting as the plurality of locking mechanism and figure 3 element 32 is the base portion acting as the clamp body), wherein each clamp body comprises: a first axial end fixedly engaged with the outer tube ( Figure element 29 is the compressible portion where ethe base portion 32 is mounted acting as the first axical end fixedly engaged with the outer tube; Col. 4, lines 50-58); and a second axial end configured to releasably engage an inner tube, allowing for the inner tube to be longitudinally locked or released relative to the outer tube ( Figure 3 element 36 is the adjustable size aperture of the base portion 32 acting as the second axial end configured to releasably engage the inner tube).
Regarding Claim 15 Piertzak et al. discloses the multi-stage telescopic rod locking system of claim 14, wherein each of the plurality of locking mechanisms comprises a handle operatively connected to a locking bolt to engage or release the inner tube (Figures 1,4 and 5 show each of the clamp assemblies 12A and 12B comprises an adjustable clamping lever 34 acting as the handle operatively connected to a threaded protrusions 68 acting as the locking bolt to engage or release the inner tubes).
Regarding Claim 16 Piertzak et al. discloses the multi-stage telescopic rod locking system of claim 15, wherein each of the plurality of locking mechanisms comprise a locking assembly comprising a first locking member and a second locking member, both positioned at a second axial end of each clamp body ( Figures 5,6 and 8 show for each clamp assembly 12A and 12B the opposing sides compression 42 of the base portion 32 act as the locking members with the side containing rotation axis A acting as the first locking member and the opposite side containing the pivot recess lip 54 acting as the second locking member) , wherein the first and second locking members are configured to move radially inward to engage the inner tube when the handle is rotated ( Figures 6 and 7 show that when the lever 34 is rotated to the latched position it pulls on the axis A1 side and pushes against the pivot recess surface 52 past the lip 54 drawing the two members radially inward toward each other to reduce the gap of the compression 42 and clamp the respective inner poles 22 and 24).
Regarding Claim 17 Piertzak et al. discloses the multi-stage telescopic rod locking system of claim 16, wherein the first and second locking members are positioned relative to one another so as to define a substantially V-shaped locking assembly slot (Figure 6 the distance between both locking members define a v slot element G1).
Regarding Claim 18 Piertzak et al. discloses the multi-stage telescopic rod locking system of claim 17, wherein the outer tube and each of the plurality of inner tubes comprise substantially circular cross-sectional shapes (Column 1 lines 65-67).
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 2-5 and 13 are rejected under 35 U.S.C. 103 as being unpatentable over US 8006711 B2 ( Piertrzak et al.) in view of US 20250369472 A1 ( Sarnowski).
Regarding Claim 2 Piertrzak et al. discloses the telescopic rod locking system of claim 1 but fails to disclose a protrusion is formed along the length of one of the inner tube or the outer tube and a groove is formed along the length of one of the inner tube or the outer tube, and, and wherein the groove and the protrusion are configured to engage with each other.
However, Sarnowski teaches a telescopic rod structure wherein a groove is formed along the length of one of the inner tube or the outer tube ( Figures 9 and 10 shows a second inner tube portion 24 on an inner tube 102 having a corresponding groove 132), and a protrusion is formed along the length of the other of the inner tube or the outer tube ( Figures 9 and 10 shows a second outer tube portion 136 of an outer tube 104 including an inwardly extending protrusions 144), and wherein the groove and the protrusion are configured to engage with each other ( Paragraph 30 and 36 teaches when the inner and outer tubes 102 and 104 are telescopically nested together the one or more inwardly extending portions 144 are matingly and slidably received in the corresponding grooves).
It would therefore have been obvious to one having ordinary skill in the art before the effective fling date of the claimed invention to provide the telescopic rod locking system of Piertrzak et al. with a groove is formed along the length of one of the inner tube or the outer tube, and a protrusion is formed along the length of the other of the inner tube or the outer tube, and wherein the groove and the protrusion are configured to engage with each other as taught by Sarnowski. Such modification would provide the benefit of effectively ensuring the movement between the first tube and the second tube in a straight-line direction and preventing the tubes from rotating in directions that are opposite to one another due to force that are applied.
Regarding Claim 3 Piertrzak et al.in view of Sarnowski teach the telescopic rod locking system of claim 2, and wherein Sarnowski further teaches the groove is formed along the length of the outer surface of the inner tube (Figure 10 show the inner tube 102 includes on its exterior surface a corresponding groove 132) and the protrusion is formed along the length the inner surface of the outer tube (Figure 9 show the outer tube 104 includes on its interior surface an inwardly extending protrusion 144).
Regarding Claim 4 Piertrzak et al.in view of Sarnowski teach the telescopic rod locking system of claim 3, and wherein Sarnowski further teaches two grooves are formed along the length of the inner tube ( Sarnowski teaches Paragraphs 35, 36 and 37 and Figure 10 show a second inner tube portions 124 acting as an inner tube that forms “one or more grooves” and explicitly states “ the one or more grooves 132 includes two grooves that diametrically opposed to one another” teaching that the system accommodates two protrusions by forming a corresponding number of grooves) , and two corresponding protrusions are formed along the length of the outer tube ( Paragraph 34 teaches the outer tube may include one or more inwardly extending protrusions 144).
Regarding Claim 5 Piertrzak et al.in view of Sarnowski teach the telescopic rod locking system of claim 4, and wherein Sarnowski further teaches the grooves are symmetrically positioned around the circumference of the inner tube and the protrusions are symmetrically positioned around the circumference of the outer tube (ParagraphsPParaa ra34 and 35 teaches that the two grooves 132 are diametrically opposed to one another and the two protrusions 144 are diametrically opposed to one another).
Regarding Claim 13 Piertrzak et al. discloses the telescopic rod locking system of claim 1, but fails to disclose the inner tube comprises a reinforced portion at an end thereof, wherein the groove is formed on the reinforced portion.
However, Sarnowski teaches a telescopic rod structure wherein the inner tube comprises a reinforced portion at an end thereof, wherein the groove is formed on the reinforced portion (Figure 10 shows an inner tube 102 includes a second inner tube portions 124 at an end having an increased outer diameter 128 acting as the reinforced portion and the second inner tube portions 124 includes the one or more grooves 132).
It would therefore have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide the telescopic rod locking system of Piertrzak et al. with the inner tube comprises a reinforced portion at an end thereof, wherein the groove is formed on the reinforced portion as taught by Sarnowski. Such modification would provide the benefit of effectively ensuring the movement between the first tube and the second tube in a straight-line direction and preventing the tubes from rotating in directions that are opposite to one another due to force that are applied.
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over US 9021661 B2 (Andel) in view of US 6908249 B2 (Tomm).
Regarding Claim 10 Andel discloses the telescopic rod locking system of claim 1, wherein the first axial end of the clamp body is fixedly attached to the outer tube (Figure 2 element 12 is disposed immovably on the sliding tube end 9 of the outer tube 6) but fails to disclose through a fastening mechanism selected from bolts, rivets, or adhesives.
However, Tomm teaches a locking mechanism on an outer tuber of a telescoping system that is fastened to the outer tube by a fastening mechanism selected from bolts, rivets, or adhesives (Figure 4 shows ethe end of E1 of the first pole section P1 is adhesives and/or mechanically secured in the enlarged portions 34 of the bore 32 of the body 20, Column lines 35-45).
It would therefore have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide the telescopic rod locking system of Andel with the first axial end of the clamp body is fixedly attached to the outer tube through a fastening mechanism selected from bolts, rivets, or adhesives as taught by Tomm. Such modification would provide the benefit of ensuring strong connection between these two members is possible and so hat the base does not fracture under loads encountered for the expected application as mentioned by Tomm (Column3 lines 35-45).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US-11744354-B2, US-9744662-B1, US-20160186791-A1, US-20220192088-A1, US-20150108728-A1, US-20150240850-A1, US-20220025997-A1, US-20220290707-A1, US-20130111712-A1, US-20240398078-A1 US-11441589-B1.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALMUTASIM HEZAM AIYASH whose telephone number is (571)272-6104. The examiner can normally be reached Monday-Friday 7:30AM-5PM.
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, 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.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/A.H.A./ Examiner, Art Unit 3678
/AMBER R ANDERSON/ Supervisory Patent Examiner, Art Unit 3678
