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 1-8 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.
In claims 1 and 7 it is unclear what is being referenced as the “inner side” and “outer side”. It appears that most of these terms may be meant to reference inner and outer sides relative to a radial direction of each element, however the bearing is said to be “sleeved on an inner side of the other end of the core shaft”, and as can be seen in figure 1, the bearing is shown as being larger than the core shaft, and does not appear capable of being sleeved on an inner side(i.e. within) the core shaft as claimed. As such it is unclear how Applicant intends to use the terms “inner side” and “outer side” in the claims.
In claim 3 it is unclear what is meant by “wherein an outer peripheral surface of the core shaft that cooperates with the bearing is set smoothly”. In particular it is unclear what limitations are meant to be placed on the claim with the phrase “is set smoothly”. For the purposes of examination it was assumed that the claim required that the bearing cooperates with a smooth outer surface of the core shaft, as this is what was meant to be claimed per the examiner’s best understanding of the claimed invention.
In claim 7 it is unclear how the fitting groove body “matches with the bearing”, and how such matching facilitates the connection and fitting with the bearing as claimed. It is unclear if this is merely referencing some sort of mating connection where the two elements are engaged, or if they are meant to be of the same size and shape.
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.
(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.
Claim(s) 1-8 are rejected under 35 U.S.C. 102(a)(1)/(a)(2) as being anticipated by Zemon(US5603389).
[claim 1] Zemon teaches a waterproof, rustproof(weatherproof, C3 L60-64), and anti-tangling positioning device for flagpoles, comprising a positioning lock(22), a core shaft(16), a bearing(36), a bearing seat(14) and a waterproof platform(18,20 C3 L51-55), the positioning lock is detachably connected to one end of the core shaft(by 58), the bearing is sleeved on an inner side of the other end of the core shaft(fig 3), the bearing seat is sleeved on an outer side of the bearing(fig 3), the waterproof platform is detachably connected to one end of the core shaft(by 50) away from the positioning lock, the waterproof platform is arranged on an outer side of the bearing and the bearing seat(fig 3).
[claim 2] wherein a first threaded connection part(56) is arranged at one end of the core shaft, and a second threaded connection part(40) is arranged at the other end thereof, the positioning lock is threadedly connected to the first threaded connection part on the core shaft, and the waterproof platform is threadedly connected to the second threaded connection part on the core shaft.
[claim 3] wherein an outer peripheral surface of the core shaft that cooperates with the bearing is set smoothly(smooth outer surface of core shaft 16 engaging bearing 36).
[claim 4] wherein a circular extension plate(main central body of 16) is arranged on an outer peripheral surface of a middle part of the core shaft.
[claim 5] wherein an outer peripheral surface of the positioning lock is evenly distributed with anti-skid patterns(as seen in figure 2, eyebolts 46 are evenly distributed around the outer peripheral surface of the positioning lock and provide a pattern that would aid in gripping).
[claim 6] wherein the positioning lock, the core shaft, the bearing, the bearing seat and the waterproof platform are coaxially arranged(fig 3).
[claim 7] wherein an inner side of the bearing seat(side of bearing seat 14 engaging bearing 36) is provided with a fitting groove body(portion engaging bearing 36) that matches with the bearing, facilitating the connection and fitting with the bearing.
[claim 8] wherein the bearing seat is provided with a circular hole(32), and a connecting carabiner(34) is arranged on the circular hole.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US12586489, US12366084, US20250095519, US11846409, US11587476, US20230005397, US20020178997, US5383420, US2853046, US2672118, US2507623, US1194489, US1061041, US1048291, US0765427.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRADLEY H DUCKWORTH whose telephone number is (571)272-2304. The examiner can normally be reached M-F 9:30-6.
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, Terrell McKinnon can be reached at 5712724979. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/BRADLEY DUCKWORTH/Primary Examiner, Art Unit 3632
