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 .
DETAILED ACTION
Claims 1 – 20 have been examined.
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they do not include the following reference sign(s) mentioned in the description: 23 and 25. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Rejections - 35 USC § 102
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.
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 21 – 23, 25 – 32, and 34 – 40 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Shen (CN2460409). In regard to claims 21, 31, and 35, Shen discloses an adjustably rotatable handle assembly having a handle axis about which the handle assembly is selectively rotatable, comprising a handle comprising a handle shaft extending in the direction of the handle axis and having an upper end and a lower end, the handle shaft comprising a hub disposed internally therein (Fig. 2, item 3), a base extending in the direction of the handle axis and having an upper end and a lower end, the upper end of the base being formed to mate with the lower end of the handle shaft (Fig. 2, item 4), an internal elongate member extending along the handle axis and having an upper end and a lower end, the upper end of the internal elongate member being axially connected to the handle shaft and the lower end of the internal elongate member being axially connected to the base so as to axially pin the handle shaft to the base (Fig. 2, item 10), a gear formed to interlock with the hub, the gear being slidably mounted on the internal elongate member and biased upwardly into engagement with the hub (Fig. 2, item 9), and a push button disposed at the upper end of the handle shaft, the push button abutting the gear and slidably connected to the handle shaft in the direction of the handle axis (Fig. 2, item 2), wherein manually pressing on the push button urges the gear downwardly along the internal elongate member and out of engagement with the hub whereupon the handle may be manually rotated with respect to the base until the push button is no longer manually pressed (Figs. 2 and 3).
In regard to claims 22 and 32, Shen discloses the handle further comprising an arm extending outwardly away from the handle shaft (Fig. 2, item 1).
In regard to claim 23, Shen discloses wherein the arm is elongate and substantially perpendicular to the handle axis (Fig. 2).
In regard to claims 25 and 34, Shen discloses wherein the push button includes a protrusion formed to engage the handle shaft so as to prevent the push button from moving beyond an upper limit (Fig.2, unnumbered downwardly extending L-shaped shaft at the bottom of item 2).
In regard to claims 26 and 36, Shen discloses the base further comprising an internal wall to which the lower end of the internal elongate member is connected (Fig. 2, unnumbered centrally located internal wall in item 4).
In regard to claims 27 and 37, Shen discloses the handle shaft further comprising an internal wall to which the upper end of the internal elongate member is connected (Fig. 2, unnumbered centrally located internal wall in item 3).
In regard to claims 28 and 38, Shen discloses wherein the push button comprises a plurality of downwardly protruding members and the internal wall comprises a like plurality of apertures formed to slidably receive the downwardly protruding members therethrough (Fig. 2, multiple unnumbered downwardly extending L-shaped shafts at the bottom of item 2, and unnumbered openings into which they pass).
In regard to claims 29 and 39, Shen discloses wherein the internal wall has an upper side and a lower side, and one or more of the downwardly protruding members includes a protrusion formed to abut against the lower side of the internal wall (Fig. 2, unnumbered lower portion of the L-shaped shafts).
In regard to claims 30 and 40, Shen discloses wherein the base is formed to attach to a rolling assembly having a plurality of wheels (Abstract).
Allowable Subject Matter
Claims 24 and 33 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.
The following is a statement of reasons for the indication of allowable subject matter: Shen (CN2460409) discloses a handle assembly similar to the instant invention; however Shen, either alone or in combination, neither discloses nor suggests a handle assembly wherein (in regard to claims 24 and 33) the lower end of the handle shaft is formed to internally receive the upper end of the base. These limitations, in combination with each and every other independent claim limitation, are not shown in the currently cited prior art.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Liu (5,168,601) discloses an adjustable baby cart handrail;
Miller (7,270,223) discloses a luggage handle system with pivot grip;
Fenton et al. (7,600,618) disclose a pivotable towing arrangement;
Gard et al. (7,631,575) disclose an adjustable rotary locking and unlocking device;
Dotsey et al. (7,766,367) disclose an adjustable handle assembly.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOHN DANIEL WALTERS whose telephone number is (571)272-8269. The examiner can normally be reached M-F, 8 am - 5 pm (PT).
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, Allen Shriver can be reached at 303.297.4337. 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.
/JOHN D WALTERS/Primary Examiner, Art Unit 3613
Prosecution Insights