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 .
Election/Restrictions
Restriction to one of the following inventions is required under 35 U.S.C. 121:
I. Claims 1-3, and 5-6, drawn to a multifunctional pole, classified in A47B96/1466.CPC.
II. Claims 9-11, drawn to a multifunctional pole, classified in E04H12/00.CPC.
III. Claims 12-14, drawn to a system, classified in H02G7/20.CPC.
The inventions are independent or distinct, each from the other because:
Inventions I and II are directed to related inventions. The related inventions are distinct if: (1) the inventions as claimed are either not capable of use together or can have a materially different design, mode of operation, function, or effect; (2) the inventions do not overlap in scope, i.e., are mutually exclusive; and (3) the inventions as claimed are not obvious variants. See MPEP § 806.05(j). In the instant case, the inventions as claimed can have a materially different design, mode of operation, function, or effect. The inventions as claimed are also mutually exclusive (Claim 1 requires “wherein the node is between the facing surface of the first pillar and the facing surface of a second pillar” (which is not required in claim 9). Claim 9 requires “wherein the node comprises an opening extending in the longitudinal direction” (which is not required in claim 1). Furthermore, there is nothing of record to show the inventions as claimed to be obvious variants.
Inventions III and I are related as combination and subcombination. Inventions in this relationship are distinct if it can be shown that (1) the combination as claimed does not require the particulars of the subcombination as claimed for patentability, and (2) that the subcombination has utility by itself or in other combinations (MPEP § 806.05(c)). In the instant case, the combination as claimed does not require the particulars of the subcombination as claimed because the subcombination requires “at least the facing of a first pillar includes a groove part” which is not required in the combination. The subcombination has separate utility such as attaching and displaying a sign on the multifunctional pole for advertising purposes.
The examiner has required restriction between combination and subcombination inventions. Where applicant elects a subcombination, and claims thereto are subsequently found allowable, any claim(s) depending from or otherwise requiring all the limitations of the allowable subcombination will be examined for patentability in accordance with 37 CFR 1.104. See MPEP § 821.04(a). Applicant is advised that if any claim presented in a divisional application is anticipated by, or includes all the limitations of, a claim that is allowable in the present application, such claim may be subject to provisional statutory and/or nonstatutory double patenting rejections over the claims of the instant application.
Newly submitted claims 9-14 directed to an invention that is independent or distinct from the invention originally claimed for the following reasons: The amendments in claims 9-14 create new claimed subject matter which were not part of the applicant’s original claims.
Since applicant has received an action on the merits for the originally presented invention, this invention has been constructively elected by original presentation for prosecution on the merits. Accordingly, claims 9-14 are withdrawn from consideration as being directed to a non-elected invention. See 37 CFR 1.142(b) and MPEP § 821.03.
Claim Objections
Claim 1 is objected to because of the following informalities: for better claim construction and consistency throughout the claims the examiner suggests the following amendment:
Claim 1, line 8: -- the facing surface of [[a]] the second pillar -- Appropriate correction is required.
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.
Claims 1-3 and 5-6 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kitz DE3433256 A1.
Regarding claim 1, in a first interpretation, Kitz discloses a multifunctional pole (Fig 3) to which equipment can be attached, comprising:
a plurality of pillars (annotated Fig 3 below), wherein
the plurality of pillars forms facing surfaces (annotated Fig 3 below) (also illustrated in annotated Fig 1 below) that face each other, and
at least the facing surface (annotated Fig 3 below) of a first pillar (annotated Fig 3 below) of the plurality of pillars (annotated Fig 3 below) includes a groove part (annotated Fig 3 below) extending in a longitudinal direction of the first pillar (annotated Fig 3 below); and a node (annotated Fig 3 below) connecting the first pillar (annotated Fig 3 below) and a second pillar (annotated Fig 3 below) of the plurality of pillars, wherein a portion of the node (annotated Fig 3 below) is between the facing surface (annotated Fig 3 below) (right side) of the first pillar (annotated Fig 3 below) and the facing surface (annotated Fig 3 below) (right side) of the second pillar (annotated Fig 3 below) of the plurality of pillars.
PNG
media_image1.png
816
1177
media_image1.png
Greyscale
PNG
media_image2.png
690
1592
media_image2.png
Greyscale
PNG
media_image3.png
828
925
media_image3.png
Greyscale
PNG
media_image4.png
722
646
media_image4.png
Greyscale
Regarding claim 2, in the first interpretation, Kitz discloses the multifunctional pole wherein
the facing surface (annotated Figs 1 & 3 above) of each of the plurality of pillars (annotated Fig 3 above) includes a groove part (annotated Fig 1 above) extending in a longitudinal direction of the each pillar (annotated Fig 3 above).
Regarding claim 3, in the first interpretation, Kitz discloses the multifunctional pole wherein
the first pillar (annotated Figs 1 & 3 above) includes a through hole (annotated Figs 1 & 3 above) extending in the longitudinal direction of the first pillar (annotated Figs 1 & 3 above).
Regarding claim 6, in the first interpretation, Kitz discloses the multifunctional pole wherein the groove part (annotated Figs 1 & 3 above) of the first pillar (annotated Figs 1 & 3 above) includes: a narrow part (annotated Fig 1 above) arranged at a surface side (outer portion) of the first pillar (annotated Figs 1 & 3 below); and a wide part (annotated Fig 1 above) wider than the narrow part (annotated Fig 1 above) and arranged at an inner side of the first pillar (annotated Fig 1 above) than the narrow part (annotated Fig 1 above) is.
PNG
media_image3.png
828
925
media_image3.png
Greyscale
Regarding claim 1, in a second interpretation, Kitz discloses a multifunctional pole (Fig 3) to which equipment can be attached, comprising:
a plurality of pillars (annotated Fig 3 below), wherein
the plurality of pillars forms facing surfaces (annotated Fig 3 below) (also illustrated in annotated Fig 1 below) that face each other, and
at least the facing surface (annotated Fig 3 below) of a first pillar (annotated Fig 3 below) of the plurality of pillars (annotated Fig 3 below) includes a groove part (annotated Fig 3 below) extending in a longitudinal direction of the first pillar (annotated Fig 3 below); and a node (annotated Fig 3 below) connecting the first pillar (annotated Fig 3 below) and a second pillar (annotated Fig 3 below) of the plurality of pillars, wherein a portion of the node (annotated Fig 3 below) is between the facing surface (annotated Fig 3 below) (right side) of the first pillar (annotated Fig 3 below) and the facing surface (annotated Fig 3 below) (right side) of the second pillar (annotated Fig 3 below) of the plurality of pillars.
PNG
media_image5.png
816
1177
media_image5.png
Greyscale
PNG
media_image6.png
690
1592
media_image6.png
Greyscale
PNG
media_image7.png
706
989
media_image7.png
Greyscale
PNG
media_image8.png
862
966
media_image8.png
Greyscale
Regarding claim 2, in the second interpretation, Kitz discloses the multifunctional pole wherein
the facing surface (annotated Figs 1 & 3 above) of each of the plurality of pillars (annotated Fig 3 above) includes a groove part (annotated Fig 1 above) extending in a longitudinal direction of the each pillar (annotated Fig 3 above).
Regarding claim 3, in the second interpretation, Kitz discloses the multifunctional pole wherein
the first pillar (annotated Figs 1 & 3 above) includes a through hole (annotated Figs 1 & 3 above) extending in the longitudinal direction of the first pillar (annotated Figs 1 & 3 above).
Regarding claim 5, in the second interpretation, Kitz discloses the multifunctional pole wherein
the node member (annotated Fig 3 above) includes an outer shell part (annotated Fig 3 below), a nodal cavity part (annotated Fig 3 below) surrounded by the outer shell part (annotated Fig 3 below), and an outer shell hole (annotated Fig 3 below) provided on the outer shell part (annotated Fig 3 below), and
a junction hole (annotated Fig 3 below) that spatially connects the nodal cavity part (annotated Fig 3 below) and the through hole (annotated Figs 1 & 3 above) of the first pillar (annotated Figs 1 & 3 above) is provided on the node member (annotated Figs 1 & 3 above) and the first pillar (annotated Figs 1 & 3 above).
PNG
media_image9.png
751
867
media_image9.png
Greyscale
Regarding claim 6, Kitz discloses the multifunctional pole wherein the groove part (annotated Figs 1 & 3 above) of the first pillar (annotated Figs 1 & 3 above) includes: a narrow part (annotated Fig 1 above) arranged at a surface side (outer portion) of the first pillar (annotated Figs 1 & 3 below); and a wide part (annotated Fig 1 above) wider than the narrow part (annotated Fig 1 above) and arranged at an inner side of the first pillar (annotated Fig 1 above) than the narrow part (annotated Fig 1 above) is.
Response to Arguments
Applicant's arguments filed 11/12/2025 have been fully considered but they are not persuasive.
Applicant’s arguments that “Claim 1 recites "a node connecting the first pillar and a second pillar of the plurality of pillars, wherein the node is between the facing surface of the first pillar and the facing surface of a second pillar of the plurality of pillars." In the annotated Figure 3 of Kitz on page 3 of the Office Action, the Office specifically identified the asserted node; the asserted facing surface of the first pillar; and the asserted facing surface of the second pillar. (Office Action at page 3). Kitz fails to explicitly or inherently disclose that the asserted node is between the asserted facing
surface of the first pillar and the asserted facing surface of the second pillar” are not persuasive.
The examiner maintains that the new amendments to claim 1 are too broad to overcome the previous rejections. The examiner maintains that a portion of the node (annotated Fig 3 below) is between the facing surface (annotated Fig 3 below) (right side) of the first pillar (annotated Fig 3 below) and the facing surface (annotated Fig 3 below) (right side) of the second pillar (annotated Fig 3 below) of the plurality of pillars.
The examiner maintains that claim 1 does not require the entire node to be between the
facing surface of the first pillar and the facing surface of the second pillar.
PNG
media_image2.png
690
1592
media_image2.png
Greyscale
PNG
media_image6.png
690
1592
media_image6.png
Greyscale
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DEVIN K BARNETT whose telephone number is (571)270-1159. The examiner can normally be reached Monday-Friday 11am-7:30pm.
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, Jonathan Liu can be reached at 571-272-8227. 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.
/DEVIN K BARNETT/Primary Examiner, Art Unit 3631