This is a Non-Final office action for serial number 17/503,858.
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 .
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the fourth damping part must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
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. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. 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.
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the gravity compensation part must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
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. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. 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 § 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 1-10 and 12-14 are rejected (claims dependent on a rejected claim are rejected based on their dependence unless otherwise specified) 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.
Claim 1 recites the limitation "the other end" in line 4. There is insufficient antecedent basis for this limitation in the claim.
Claim 5 recites the limitation " the sixth rotary shaft" in line 3. There is insufficient antecedent basis for this limitation in the claim.
Claim 7 recites the limitation "the arm" in line 7. There is insufficient antecedent basis for this limitation in the claim.
Claim 8 recites the limitation "first to third damping parts" in line 2. The examiner can not determine if the “first to third damping parts” means “first, second, and third damping parts” or “first and third damping parts” therefore the claim is indefinite and confusing.
Claim 12 recites the limitation "the rotational end part" in line 3. There is insufficient antecedent basis for this limitation in the claim.
Claim 12 recites the limitation "the ground" in line 8. There is insufficient antecedent basis for this limitation in the claim.
All words in a claim must be considered in determining the patentability of theclaim against the prior art. If no reasonably definite meaning can be ascribed to certainterms in the claim, the subject matter does not become obvious, the claim becomesindefinite. In re Wilson, 424F.2d 1382, 1385 (CCPA 1970). The examiner's analysis ofthe claims, in particular claim language within the claims as rejected under 35 USC 112 above, indicates that considerable speculation as to the meaning of the terms employed and assumptions as to the scope of the claims needs to be made, as the examiner does not understand what is exactly being claimed by the applicant. Any rejection under 35 U.S.C. 102 should not be based on such speculations and assumptions. In re Steele, 305 F.2d 859,862 (CCPA 1962); Ex parte Head, 214 USPQ 551 (Bd.App. 1981). Accordingly, the applicant should not assume that any claims not rejected using prior art is considered allowable since the examiner can not clearly determine the limitations of the claim due to indefiniteness. The applicant should be aware that once the claims have been corrected to remove the problems concerning indefiniteness, prior art may be used to reject the claims and the next action made final or if the application is in a final status the amendment after final may not be entered as requiring further search and/or consideration.
The claims have been rejected under 35 U.S.C. 112 for the above reasons. Please note that the Examiner may not have pointed out each and every example of indefiniteness. The applicant is required to review all the claim language to make sure the claimed invention is clear and definite.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-8 and 10-14 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-8 of U.S. Patent No. 12,245,688. Although the claims at issue are not identical, they are not patentably distinct from each other because both application and 12,245,688 disclose .
Claim 1. An arm rest apparatus comprising: a fixed part fixed to an external object; a horizontal movement module having one end rotatably connected to the fixed part and the other end having two-translational-degree-of-freedom movement with respect to the fixed part; and an arm support module movably supported by the horizontal movement module.
Claim 2. The arm rest apparatus according to claim 1, wherein the horizontal movement module comprises: a first driving frame which has a first link rotatably connected to a first rotary shaft and rotatably connected to a second rotary shaft parallel with the first rotary shaft; a second driving frame which has a driving link rotatably connected to the first rotary shaft, a second link rotatably connected to a third rotary shaft parallel with the first rotary shaft, and a third link rotatably connected to a fourth rotary shaft spaced apart from the third rotary shaft in parallel with the third rotary shaft and rotatably connected to the second rotary shaft; a central connection part which is rotatably connected to the fixed part through a plurality of links; and a rotational end part which is rotatably connected to the central connection part through a plurality of links.
Claim 3. The arm rest apparatus according to claim 2, wherein the horizontal movement module further comprises a fourth link which is rotatably connected to the second rotary shaft and is rotatably connected to a fifth rotary shaft parallel with the first rotary shaft, and wherein the fourth link is fixed to the third link so as to rotate around the second rotary shaft together.
Claim 4. The arm rest apparatus according to claim 2, wherein the first driving frame further comprises a first protrusion member which is fixed to the first link to rotate around the first rotary shaft and has an edge radially protruding around the first rotary shaft, and wherein at least a portion of the driving link has an edge radially protruding around the first rotary shaft.
Claim 5. The arm rest apparatus according to claim 3, wherein the horizontal movement module further comprises: a fifth link which is rotatably connected to the sixth rotary shaft spaced apart from the first rotary shaft in parallel with the first rotary shaft and is rotatably connected to a seventh rotary shaft spaced apart from the second rotary shaft in parallel with the second rotary shaft, and wherein the fifth link and the first link are parallel with each other.
Claim 6. The arm rest apparatus according to claim 5, wherein the horizontal movement module further comprises: a sixth link which is rotatably connected to an eighth rotary shaft spaced apart from the second rotary shaft in parallel with the second rotary shaft, and is rotatably connected to a ninth rotary shaft spaced apart from the fifth rotary shaft in parallel with the fifth rotary shaft, and wherein the sixth link and the fourth link are parallel with each other.
Claim 7. An arm rest apparatus comprising: a fixed part fixed to an external object; a horizontal movement module having two-degree-of-freedom movement with respect to the fixed part; and a damping part which provides a resistance according to the two-degree-of-freedom movement of the horizontal movement module so as to control damping according to a horizontal movement of the arm.
Claim 8. The arm rest apparatus according to claim 7, wherein the damping part comprises: first to third damping parts which respectively adjust angular speeds of first and second rotary shafts and an arm rotary shaft equally so as to control damping according to the horizontal movement.
Claim 10. The arm rest apparatus according to claim 8, wherein the horizontal movement module comprises: a first driving frame having a first link which is rotatably connected to the first rotary shaft and is rotatably connected to a second rotary shaft parallel with the first rotary shaft; and a second driving frame having a driving link which is rotatably connected to the first rotary shaft, and wherein the first damping part forms a resistance when the first and second driving frames rotate around the first rotary shaft.
Claim 11. An arm rest apparatus comprising: a fixed part fixed to an external object; a horizontal movement module having two-translational-degree-of-freedom movement with respect to the fixed part; and an arm support module which is supported by the horizontal movement module to be movable and compensates weight of a user's arm.
Claim 12. The arm rest apparatus according to claim 11, wherein the arm support module comprises: first and second arm supporters on which a user's arm is supported; a first support part rotatably connected to an arm rotary shaft formed at the rotational end part; a rotary link rotatably mounted to an inclination adjustment shaft formed at the first support part; and a gravity compensation part for providing elastic restoring force which increases as the rotary link gets further from the ground.
Claim 13. The arm rest apparatus according to claim 12, wherein the gravity compensation part comprises: an elastic body of which the length is changed according to a change in angle of the rotary link and which is arranged in parallel with the longitudinal direction of the rotary link; and a wire of which one end is fixed to the other end of the elastic body and the other end is connected to the first support part above the inclination adjustment shaft.
Claim 14. The arm rest apparatus according to claim 12, wherein the rotary link comprises a guide pulley for guiding the wire so that tensile force transferred to the elastic body from the wire is parallel with the longitudinal direction of the rotary link.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Section 33(a) of the America Invents Act reads as follows:
Notwithstanding any other provision of law, no patent may issue on a claim directed to or encompassing a human organism.
Claim 12 is rejected under 35 U.S.C. 101 and section 33(a) of the America Invents Act as being directed to or encompassing a human organism. See also Animals - Patentability, 1077 Off. Gaz. Pat. Office 24 (April 21, 1987) (indicating that human organisms are excluded from the scope of patentable subject matter under 35 U.S.C. 101). The recitation of the arm support module comprises: first and second arm supporters on which a user’s arm is supported positively claims a human organism.
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 is/are rejected, as best understood, under 35 U.S.C. 102(a) (1) as being anticipated by Angold et al. (Angold) 2017/0173783. Angold discloses (Claim 1) an arm rest apparatus comprising: a fixed part (145) fixed to an external object (115A) ; a horizontal movement module (211) having one end rotatably (206) connected to the fixed part and the other end (156) having two-translational-degree-of-freedom movement with respect to the fixed part; and an arm support module (226, 231,246, 236) movably supported by the horizontal movement module.
Claim(s) 7 is/are rejected, as best understood, under 35 U.S.C. 102(a) (1) as being anticipated by Angold et al. (Angold) 2017/0173783. Angold discloses (Claim 7) An arm rest apparatus comprising: a fixed part (145) fixed to an external object (115A); a horizontal movement module (211) having two-degree-of-freedom movement with respect to the fixed part; and a damping part (400 and 410) which provides a resistance according to the two-degree-of-freedom movement of the horizontal movement module so as to control damping according to a horizontal movement of the arm.
Claim(s) 11 and 12 is/are rejected, as best understood, under 35 U.S.C. 102(a) (1) as being anticipated by Angold et al. (Angold) 2017/0173783. Angold discloses (Claim 11) An arm rest apparatus comprising: a fixed part (145) fixed to an external object (115A); a horizontal movement module (211/210) having two-translational-degree-of-freedom movement with respect to the fixed part; and an arm support module (225,226,231,230, 246, 235, 236) which is supported by the horizontal movement module to be movable and compensates weight of a user's arm; (Claim 12) The arm rest apparatus according to claim 11, wherein the arm support module comprises: first (235) and second arm supporters (236) on which a user's arm is supported; a first support part (246) rotatably connected to an arm rotary shaft (within 231) formed at the rotational end part; a rotary link (246) rotatably mounted to an inclination adjustment shaft (within 231) formed at the first support part (246); and a gravity compensation part (400 and 410) for providing elastic restoring force which increases as the rotary link gets further from the ground.
Claim(s) 1-3, 5, 6, 7, and 11 is/are rejected under 35 U.S.C. 102(a) (1) as being anticipated by Yi et al. (hereafter Yi) KR20140103655. Yi discloses (see figures 2-6) (Claim 1) an arm rest apparatus comprising: a fixed part (stand attachment part) fixed to an external object; a horizontal movement module having one end rotatably connected to the fixed part and the other end having two-translational-degree-of-freedom movement with respect to the fixed part, an arm support module movably supported by the horizontal movement; (Claim 2) The arm rest apparatus to claim 1, wherein the horizontal movement module further comprises: a first driving frame which has a first link (211) rotatably connected to a first rotary shaft (216) and rotatably connected to a second rotary shaft (215) parallel with the first rotary shaft (216); a second driving frame which has a driving link (231a) rotatably connected to the first rotary shaft (216), a second link (231b) rotatably connected to a third rotary shaft (231d) parallel with the first rotary shaft (215), and a third link (231c) rotatably connected to a fourth rotary shaft (231e) spaced apart from the third rotary shaft (231c) in parallel with the third rotary shaft (231c) and rotatably connected to the second rotary shaft (215); a central connection part which is rotatably connected to the fixed part through a plurality of links (232a, 219); and a rotational end part (232b) which is rotatably connected to the central connection part through a plurality of links (232, 232b); and an arm support module (M) movably supported by the horizontal movement module; (Claim 3) The arm rest apparatus according to claim 2, wherein the horizontal movement module further comprises a fourth link which is rotatably connected to the second rotary shaft and is rotatably connected to a fifth rotary shaft parallel with the first rotary shaft, and wherein the fourth link is fixed to the third link so as to rotate around the second rotary shaft together (see figure 5); (Claim 5) The arm rest apparatus according to claim 3, wherein the horizontal movement module further comprises: a fifth link which is rotatably connected to a sixth rotary shaft spaced apart from the first rotary shaft in parallel with the first rotary shaft and is rotatably connected to a seventh rotary shaft spaced apart from the second rotary shaft in parallel with the second rotary shaft, and wherein the fifth link and the first link are parallel with each other (see figures 5 or 6, additional links and shafts); (Claim 6) The arm rest apparatus according to claim 5, wherein the horizontal movement module further comprises: a sixth link which is rotatably connected to an eighth rotary shaft spaced apart from the second rotary shaft in parallel with the second rotary shaft, and is rotatably connected to a ninth rotary shaft spaced apart from the fifth rotary shaft in parallel with the fifth rotary shaft, and wherein the sixth link and the fourth link are parallel with each other (see figures 5 and 6, see additional links and shafts); (Claim 7) an arm rest apparatus comprising: a fixed part fixed to an external object; a horizontal movement module having two-degree-of-freedom movement with respect to the fixed part, and a damping part (counter weights) which provides a resistance according to the two-degree-of-freedom movement of the horizontal movement module so as to control damping according to a horizontal movement of an arm; (Claim 11) an arm rest apparatus comprising: a fixed part (stand attachment part) fixed to an external object; a horizontal movement module having two-translational-degree-of-freedom movement with respect to the fixed part, an arm support module movably supported by the horizontal movement module to be movable and compensates weight of a user’s arm.
Allowable Subject Matter
Claims 9 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.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The prior art discloses conventional armrest supports.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KIMBERLY T WOOD whose telephone number is (571)272-6826. The examiner can normally be reached M-Thur 9:00am-5:30pm flexible schedule.
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 on (571) 272-8227. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/KIMBERLY T WOOD/Primary Examiner, Art Unit 3631
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