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 .
Drawings
The drawings were received on 05/26/2026. These drawings are approved by the Examiner.
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 12-21 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 regard to claim 1, the phrase “wherein the handle assembly is configured to extend in the same horizontal and vertical direction with respect to the support assembly when in the first extended position and the second extended position” renders the claim vague and indefinite because the support assembly 16 only has a length that extends in a vertical direction along its vertically oriented longitudinal axis in either the first extended position shown in Figure 3 and the second extended position as shown in Figure 5, but the support assembly 16 does not actually extend in a horizontal direction as claimed. If applicant was intending to refer specifically to the support member 108 of the support assembly 16, Figure 3 shows the handle assembly 22 in the first extended position extending to the right in Figure 3 and Figure 5 shows the handle assembly 22 in the second extended position extending to the left in Figure 5 and therefore the handle is not configured to extend in the same horizontal direction with respect to the support member 108 when in the first extended position (see Fig. 3) and the second extended position (see Fig. 5) as claimed. It appears in Figures 3 and 5 that the handle assembly 22 extends in different horizontal directions with respect to the support member 108 when in the first (see Fig. 3) and second (see Fig. 5) extended positions. Also the terms “the same horizontal and vertical direction” lack positive antecedent basis.
In regard to claim 9, the phrase “wherein the handle is configured to extend in the same horizontal and vertical direction with respect to the support member when in the first extended position and the second extended position” renders the claim vague and indefinite since Figure 3 shows the handle assembly 22 in the first extended position extending to the right in Figure 3 and Figure 5 shows the handle assembly 22 in the second extended position extending to the left in Figure 5 and therefore the handle is not configured to extend in the same horizontal direction with respect to the support member 108 when in the first extended position (see Fig. 3) and the second extended position (see Fig. 5) as claimed. It appears in Figures 3 and 5 that the handle assembly 22 extends in different horizontal directions with respect to the support member 108 when in the first (see Fig. 3) and second (see Fig. 5) extended positions. Also, the terms “the same horizontal and vertical direction” lack positive antecedent basis.
In regard to claim 9, line 15, the term “the handle” lacks positive antecedent basis.
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.
Claim(s) 9, 10, and 14 is/are rejected under 35 U.S.C. 102(a)(1) as being clearly anticipated by Rupp 11,388,896.
In regard to claim 9, Rupp discloses an outrigger assembly, comprising a support member (16) configured to receive an outrigger (110,110’) therein, wherein the support member is pivotable about a substantially horizontal axis (horizontal axis defined at 90 in Figs. 6-7) between first and second positions (see Fig. 6), and wherein the support member (16) is pivotable about a substantially vertical axis (vertical axis defined along 70 in Fig. 5) between third and fourth positions (see Fig. 5); an actuator assembly (34,36) movable between a first configuration (when 36 engages lower gear set 15) wherein the support member (16) is movable between the first and second positions (see Fig. 6) and is prevented from moving between the third and fourth positions (36 does not engage upper gear set 45), and a second configuration (when 36 engages upper gear set 45) where the support member (16) is movable between the third and fourth positions (see Fig. 5) and is prevented from moving between the first and second positions (36 does not engage lower gear set 15), wherein the actuator assembly (34,36) includes a first spline arrangement (15) that is engaged when the actuator assembly is in the first configuration (when 36 engages lower gear set 15) and disengaged when the actuator assembly is in the second configuration (when 36 engages upper gear set 45 instead of lower gear set 15); and a handle assembly (14,22) movable between a first extended position (22 extends toward the left in Fig. 6) causing the actuator assembly (36) to move to the first configuration (see Fig. 6), and a second extended position causing the actuator assembly (36) to move to the second configuration (see Fig. 5), wherein the handle is configured to extend in the same horizontal and vertical direction with respect to the support member when in the first extended position and the second extended position (Rupp discloses the handle assembly 14 extending in the same horizontal and vertical direction with respect to the support assembly 16 when in the first extended position shown in Fig. 6 and the second extended position shown in Fig. 5).
In regard to claim 10, Rupp discloses wherein the actuator assembly includes a second spline arrangement (upper gear set 45) that is disengaged when the actuator assembly is in the first configuration (when 36 engages lower gear set 15 and not upper gear set 45) and engaged when the actuator assembly is in the second configuration (when 36 engages upper gear set 45 and not lower gear set 15).
In regard to claim 14, Rupp discloses wherein the handle assembly (14,22) includes a first cam surface (upper lateral surface of 22 in Fig. 6) that moves the actuator assembly to the first configuration (see Fig. 6) when engaged, and a second cam surface (upper end surface of 22 in Fig. 5) that moves the actuator assembly to the second configuration (see Fig. 5) when engaged.
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.
Claim(s) 1, 3-7, and 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Saronowski et al. 9,625,087 in view of Screen captures from YouTube video clip “Tour the new Sea Chaser 30 HFC Bluewater Series!” by TACO Marine (Retrieved from Internet <https://www.youtube.com/watch?v=u2jJv29gf60>; uploaded on July 03, 2019 by TACO Marine) and Rupp 11,388,896.
In regard to claims 1 and 12, Saronowski et al. disclose an outrigger mount assembly, comprising a support member (102) configured to receive an outrigger (to be held in 102) therein, wherein the support member is pivotable about a substantially horizontal axis (horizontal axis defined at 124 in Fig. 6) between first and second positions (see Fig. 4), and wherein the support member (102) is pivotable about a substantially vertical axis (vertical axis defined along 108 in Fig. 3A & 128,118 in Fig. 6) between third and fourth positions (see Fig. 3B); an actuator assembly (108,111,118,128,130,134,136 with 136a-b,138,140,142 with 142a,144) movable between a first configuration (joint 117 pushes upwardly against mount 100; see col. 3, lines 50-57 and col. 4, lines 4-10 and Fig. 4) wherein the support member (102) is movable between the first and second positions (see Fig. 4) and is prevented from moving between the third and fourth positions (see col. 4, line 50 to col. 5, line 4), and a second configuration (pin opening 122 offset with respect to joint 117; see col. 3, lines 50-53 & col. 4, lines 29-37 & Figs. 3A-B) where the support member (102) is movable between the third and fourth positions (see Fig. 4) and is prevented from moving between the first and second positions (see col. 4, line 38-49); and a handle assembly (112) movable between a first extended position (see Fig. 4) causing the actuator assembly (108,111,118,128,130,134,136 with 136a-b,138,140,142 with 142a,144) to move to the first configuration (see Fig. 4), a second extended position (see Figs. 3A-B & 6) causing the actuator assembly (108,111,118,128,130,134,136 with 136a-b,138,140,142 with 142a,144) to move to the second configuration (see Figs. 3A-B & 6), wherein the handle is configured to extend in the same horizontal and vertical direction with respect to the support member when in the first extended position and the second extended position (this limitation is not being interpreted with respect to Saronowski et al. in light of the 35 U.S.C. 112(b) rejection above regarding this particular language and since the present invention does not operate in this manner nor is it configured as claimed), but does not disclose the handle assembly movable to a retracted position or configured to move to a retracted position. The TACO Marine video discloses an outrigger mount including a handle assembly which can be moved/configured to be move to a retracted position (see page 2 of 2 of the Screen captures of the TACO Marine video). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the handle assembly of Saronowski et al. such that it is movable/configured to move to a retracted position in view of the TACO Marine video in order to position the handle assembly out of the way of the user when it the handle assembly is not in use so as not to interfere with the fishing operations to be performed on the boat. Saronowski et al. also do not disclose wherein the handle assembly is configured to extend in the same horizontal and vertical direction with respect to the support assembly when in the first extended position and the second extended position. Rupp discloses a handle assembly (14,22) movable between a first extended position (22 extends toward the left in Fig. 6) causing the actuator assembly (36) to move to the first configuration (see Fig. 6), and a second extended position causing the actuator assembly (36) to move to the second configuration (see Fig. 5), wherein the handle is configured to extend in the same horizontal and vertical direction with respect to the support member when in the first extended position and the second extended position (Rupp discloses the handle assembly 14 extending in the same horizontal and vertical direction with respect to the support assembly 16 when in the first extended position shown in Fig. 6 and the second extended position shown in Fig. 5). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the handle assembly of Saronowski et al. such that the handle assembly is configured to extend in the same horizontal and vertical direction with respect to the support assembly when in the first extended position and the second extended position in view of Rupp in order to provide an alternative arrangement of the handle assembly which maintains the same general positional location of the handle assembly in either the first or second configuration so as to facilitate operation by the user such that the user is not required to reach across the width of the outrigger mount assembly in order to effect the adjustment of the support member between the first and second positions.
In regard to claim 3, Saronowski et al. disclose wherein the actuator assembly (108,111,118,128,130,134,136 with 136a-b,138,140,142 with 142a,144) is linearly actuated between the first (joint 117 pushes upwardly against mount 100; see col. 3, lines 50-57 and col. 4, lines 4-10 and Fig. 4) and second (pin opening 122 offset with respect to joint 117; see col. 3, lines 50-53 & col. 4, lines 29-37 & Figs. 3A-B) configurations.
In regard to claim 4, Saronowski et al. disclose wherein the actuator assembly (108,111,118,128,130,134,136 with 136a-b,138,140,142 with 142a,144) includes a first spline arrangement (selector gear 136) that is engaged when the actuator assembly is in the first configuration (handle gear 134 engages selector gear 136; see col. 4, lines 32-37 & Fig. 6) and disengaged when the actuator assembly is in the second configuration (handle gear 134 disengages selector gear 136; see col. 4, lines 50-52).
In regard to claim 5, Saronowski et al. disclose wherein the actuator assembly (108,111,118,128,130,134,136 with 136a-b,138,140,142 with 142a,144) includes a second spline arrangement (internal teeth 144 of 111, external teeth 142a of 142) that is disengaged when the actuator assembly is in the first configuration (handle gear 134 engages selector gear 136 but not with 144 or 142a; see col. 4, lines 32-37 & Fig. 6) and engaged when the actuator assembly is in the second configuration (handle gear 134 disengages selector gear 136 and external teeth 136b of 136 engaged with internal teeth 144 of 111 and internal teeth 136a of 136 engaged with external teeth 142a of 142; see col. 4, lines 50-59).
In regard to claim 6, Saronowski et al. disclose wherein the handle assembly (112) includes a first cam surface (generally planar upper surface of 117 that abuts 138 in Fig. 4) that moves the actuator assembly (108,111,118,128,130,134,136 with 136a-b,138,140,142 with 142a,144) to the first configuration when engaged, and a second cam surface (generally protruding upper surface of 117 that abuts 138 in Figs. 3A & 6) that moves the actuator assembly to the second configuration when engaged.
In regard to claim 7, Saronowski et al. disclose wherein the actuator assembly (108,111,118,128,130,134,136 with 136a-b,138,140,142 with 142a,144) includes a first biasing member (140) that biases the actuator assembly toward the first configuration (elastic member 140 pushes cap 138 outwardly, thereby aligning internal teeth 136a of 136 with handle gear 134 and external teeth 142a of 142; handle gear 134 disengages selector gear 136 and external teeth 136b of 136 engaged with internal teeth 144 of 111 and internal teeth 136a of 136 engaged with external teeth 142a of 142; see col. 4, lines 50-59) when the handle assembly (112) is in the first extended position (see Fig. 4).
Claim(s) 2 and 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Saronowski et al. 9,625,087 in view of Screen captures from YouTube video clip “Tour the new Sea Chaser 30 HFC Bluewater Series!” by TACO Marine (Retrieved from Internet <https://www.youtube.com/watch?v=u2jJv29gf60>; uploaded on July 03, 2019 by TACO Marine) and Rupp 11,388,896 as applied to claims 1 and 12 above, and further in view of Rupp 11,388,896 or TruckStar Dump Roller Kit Replacement Crank Handle (07/17/2012).
In regard to claims 2 and 13, Saronowski et al. and the TACO Marine video disclose wherein the handle assembly (112 of Saronowski et al.; handle assembly shown in page 2 of 2 of the Screen captures of the TACO Marine video) extends downward from the actuator assembly when in the first position (see Fig. 4 of Saronowski et al.), and wherein the handle assembly extends upwardly with respect to at least a portion of the actuator assembly when in the retracted position (111 of Saronowski et al.; see page 2 of 2 of the Screen captures of the TACO Marine video), but does not disclose wherein the handle assembly extends downward in the second extended position. Rupp discloses the handle assembly (14) that extends downwardly in the first (see Fig. 6) and second (see Fig. 5) extended positions. The TruckStar Handle discloses a handle assembly that extends downwardly with respect to the handle collar when the handle is in the extended position (see page 1 of 3 of the TruckStar product page) and the handle assembly that extends upwardly with respect to the handle collar when the handle is in the retracted position (see page 2 of 3 of the TruckStar product page). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the handle assembly of Saronowski et al. and the TACO Marine video such that it extends downwardly in the second extended position in view of Rupp or the TruckStar Handle such that the handle assembly is configured to be in an accessible position for grasping by the user in both of the first and second extended positions of the handle where the outrigger mount assembly is to be manipulated by the user.
Claim(s) 17-20 and 22 is/are rejected under 35 U.S.C. 103 as being unpatentable over Saronowski et al. 9,625,087 in view of Screen captures from YouTube video clip “Tour the new Sea Chaser 30 HFC Bluewater Series!” by TACO Marine (Retrieved from Internet <https://www.youtube.com/watch?v=u2jJv29gf60>; uploaded on July 03, 2019 by TACO Marine) and Rupp 11,388,896 as applied to claim 1 above, and further in view of Screen captures from the 2023 TACO Marine GS-390/390XL Installation Instructions (11/04/2023).
In regard to claim 17, Saronowski et al. disclose an outrigger mount assembly comprising a support member (102) configured to receive an outrigger (to be held in 102) in an interior space of the support member (see hollow interior of 102 in Fig. 6), but does not disclose an engagement member movable between an engaged position where the engagement member is configured to prevent the outrigger from being removed from within the interior space of the support member, a disengaged position that allows the outrigger to be removed from the interior space of the support member; and a biasing member that biases the engagement member from the second position toward the first position. The 2023 TACO Marine Installation Instructions discloses an outrigger mount assembly (see page 2) comprising a support member (upper tubular member extending at an angle to horizontal on page 2) configured to receive an outrigger (outrigger to be received in the upper tubular member) in an interior space of the support member (the upper tubular member has a hollow interior); an engagement member (locking pin shown on page 6 as extending from the left side of the support member in the larger figure) movable between an engaged position where the engagement member is configured to prevent the outrigger from being removed from within the interior space of the support member (locking pin engages an outrigger placed within the support member and prevents the outrigger from removal therefrom; see installation step 10 on page 5), a disengaged position (“Simply pull out the pull pin, rotate ¼ turn and release. Place your outrigger into the arm” as stated in installation step 10 on page 5) that allows the outrigger to be removed from the interior space of the support member (by pulling the pull pin out, either of the steps of installing or removing the outrigger from the support member may be performed); and a biasing member (“The pull pin to lock the outriggers is spring loaded.” as stated in installation step 10 on page 5) that biases the engagement member from the second position toward the first position. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the outrigger mount assembly of Saronowski et al. such that it comprises an engagement member movable between an engaged position where the engagement member is configured to prevent the outrigger from being removed from within the interior space of the support member, a disengaged position that allows the outrigger to be removed from the interior space of the support member, a locked position that prevents the engagement member from being moved from the second position to the first position; and a biasing member that biases the engagement member from the second position toward the first position in view of the 2023 TACO Marine Installation Instructions in order to provide mechanism for retaining and releasing the outrigger within the support member which prevents the accidental and unintended displacement of the outrigger from the support member so as to prevent loss of the outrigger during the fishing operation and which allows the user to disassemble the outrigger from the support member for purposes of storage and making the fishing assembly more compact during non-use thereof.
In regard to claim 18, Saronowski et al. and the 2023 TACO Marine Installation Instructions disclose wherein the engagement member is slidable between the locked and unlocked positions (the pull pin is rotated ¼ turn to move from the locked to unlocked positions---see installation step 10 on page 5 and that the ¼ turn is a sliding motion).
In regard to claim 19, Saronowski et al. and the 2023 TACO Marine Installation Instructions disclose wherein the engagement member extends into the interior space when in the engaged position and is retracted from the interior space when in the disengaged position (the pull pin is pulled into the interior space of the support member in the engaged position to hold the outrigger in the support member and the pull pin is pulled out of the support member in the retracted position---see installation step 10 on page 5).
In regard to claim 20, Saronowski et al. and the 2023 TACO Marine Installation Instructions disclose wherein the biasing member includes a coil spring (“The pull pin to lock the outriggers is spring loaded.” as stated in installation step 10 on page 5; pin type structures are typically spring loaded by an encircling coil spring).
Claim(s) 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Saronowski et al. 9,625,087 in view of Screen captures from the 2023 TACO Marine GS-390/390XL Installation Instructions (11/04/2023) and Rupp 11,388,896 as applied to claim 17 above, and further in view of Banner 3,802,112 or Serocki 2019/0104714.
Alternatively in regard to claim 20, Saronowski et al., the 2023 TACO Marine Installation Instructions, and Rupp do not disclose wherein the biasing member includes a coil spring. Banner and Serocki disclose an engagement member (7,12,26 OR 44 of 40) and the biasing member includes a coil spring (13 OR 41). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the biasing member of Saronowski et al., the 2023 TACO Marine Installation Instructions, and Rupp such that it includes a coil spring in view of Banner or Serocki in order to provide a commonly available type of biasing member that is effective in applying an axial force to the engagement member so that it is moved toward the engaged position.
Claim(s) 21 is/are rejected under 35 U.S.C. 103 as being unpatentable over Saronowski et al. 9,625,087 in view of Screen captures from the 2023 TACO Marine GS-390/390XL Installation Instructions (11/04/2023) and Rupp 11,388,896 as applied to claim 17 above, and further in view of Wilcox et al. 2004/0016385.
Alternatively in regard to claim 21, Saronowski et al., the 2023 TACO Marine Installation Instructions, and Rupp disclose the engagement member on a side of the support member (locking pin shown on page 6 as extending from the left side of the support member in the larger figure), but do not disclose wherein the engagement member is attached to an underside of the support member. Wilcox et al. disclose wherein the engagement member is attached to an underside of the support member (see Fig. 14 which shows the spring biased engagement member 25,50 being located on an underside of a support member 20; the eye bolts 152 are shown as being directed along an underside of the support 20). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the engagement member of Saronowski et al., the 2023 TACO Marine Installation Instructions, and Rupp such that it is attached to an underside of the support member in view of Wilcox et al. in order to position the engagement member at a location where its protruding structure does not interfere with any fishing lines or rigging lines in the vicinity of the outrigger mount assembly so as to prevent tangling therewith.
Claim(s) 9, 10, 14, and 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Saronowski et al. 9,625,087 in view of Rupp 11,388,896.
In regard to claim 9, Saronowski et al. disclose an outrigger mount assembly, comprising a support member (102) configured to receive an outrigger (to be held in 102) therein, wherein the support member is pivotable about a substantially horizontal axis (horizontal axis defined at 124 in Fig. 6) between first and second positions (see Fig. 4), and wherein the support member (102) is pivotable about a substantially vertical axis (vertical axis defined along 108 in Fig. 3A & 128,118 in Fig. 6) between third and fourth positions (see Fig. 3B); and an actuator assembly (108,111,118,128,130,134,136 with 136a-b,138,140,142 with 142a,144) movable between a first configuration (joint 117 pushes upwardly against mount 100; see col. 3, lines 50-57 and col. 4, lines 4-10 and Fig. 4) where the support member (102) is movable between the first and second positions (see Fig. 4) and is prevented from moving between the third and fourth positions (see col. 4, line 50 to col. 5, line 4), and a second configuration (pin opening 122 offset with respect to joint 117; see col. 3, lines 50-53 & col. 4, lines 29-37 & Figs. 3A-B) where the support member (102) is movable between the third and fourth positions (see Fig. 4) and is prevented from moving between the first and second positions (see col. 4, line 38-49), wherein the actuator assembly includes a first spline arrangement (selector gear 136) that is engaged when the actuator assembly is in the first configuration (handle gear 134 engages selector gear 136; see col. 4, lines 32-37 & Fig. 6) and disengaged when the actuator assembly is in the second configuration (handle gear 134 disengages selector gear 136; see col. 4, lines 50-52); and a handle assembly (112) movable between a first extended position (see Fig. 4) causing the actuator assembly (108,111,118,128,130,134,136 with 136a-b,138,140,142 with 142a,144) to move to the first configuration (see Fig. 4), and a second extended position (see Figs. 3A-B & 6) causing the actuator assembly (108,111,118,128,130,134,136 with 136a-b,138,140,142 with 142a,144) to move to the second configuration (see Figs. 3A-B & 6), but do not disclose wherein the handle assembly is configured to extend in the same horizontal and vertical direction with respect to the support assembly when in the first extended position and the second extended position. Rupp discloses a handle assembly (14,22) movable between a first extended position (22 extends toward the left in Fig. 6) causing the actuator assembly (36) to move to the first configuration (see Fig. 6), and a second extended position causing the actuator assembly (36) to move to the second configuration (see Fig. 5), wherein the handle is configured to extend in the same horizontal and vertical direction with respect to the support member when in the first extended position and the second extended position (Rupp discloses the handle assembly 14 extending in the same horizontal and vertical direction with respect to the support assembly 16 when in the first extended position shown in Fig. 6 and the second extended position shown in Fig. 5). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the handle assembly of Saronowski et al. such that the handle assembly is configured to extend in the same horizontal and vertical direction with respect to the support assembly when in the first extended position and the second extended position in view of Rupp in order to provide an alternative arrangement of the handle assembly which maintains the same general positional location of the handle assembly in either the first or second configuration so as to facilitate operation by the user such that the user is not required to reach across the width of the outrigger mount assembly in order to effect the adjustment of the support member between the first and second positions.
In regard to claim 10, Saronowski et al. disclose wherein the actuator assembly (108,111,118,128,130,134,136 with 136a-b,138,140,142 with 142a,144) includes a second spline arrangement (internal teeth 144 of 111, external teeth 142a of 142) that is disengaged when the actuator assembly is in the first configuration (handle gear 134 engages selector gear 136 but not with 144 or 142a; see col. 4, lines 32-37 & Fig. 6) and engaged when the actuator assembly is in the second configuration (handle gear 134 disengages selector gear 136 and external teeth 136b of 136 engaged with internal teeth 144 of 111 and internal teeth 136a of 136 engaged with external teeth 142a of 142; see col. 4, lines 50-59).
In regard to claim 14, Saronowski et al. disclose wherein the handle assembly (112) includes a first cam surface (generally planar upper surface of 117 that abuts 138 in Fig. 4) that moves the actuator assembly (108,111,118,128,130,134,136 with 136a-b,138,140,142 with 142a,144) to the first configuration when engaged, and a second cam surface (generally protruding upper surface of 117 that abuts 138 in Figs. 3A & 6) that moves the actuator assembly to the second configuration when engaged.
In regard to claim 15, Saronowski et al. disclose wherein the actuator assembly (108,111,118,128,130,134,136 with 136a-b,138,140,142 with 142a,144) includes a first biasing member (140) that biases the actuator assembly toward the first configuration (elastic member 140 pushes cap 138 outwardly, thereby aligning internal teeth 136a of 136 with handle gear 134 and external teeth 142a of 142; handle gear 134 disengages selector gear 136 and external teeth 136b of 136 engaged with internal teeth 144 of 111 and internal teeth 136a of 136 engaged with external teeth 142a of 142; see col. 4, lines 50-59) when the handle assembly (112) is in the first extended position (see Fig. 4).
Allowable Subject Matter
Claims 8 and 16 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.
Response to Arguments
Applicant's arguments filed 05/26/2026 have been fully considered but they are not persuasive.
In regard to applicant’s argument that “Rupp fails to include a spline configuration as defined in claim 9…neither the drive gear 34, nor the upper gear 36, nor the lower gear set 15 comprise a spline arrangement. Applicant notes that the upper gear set 45 of Rupp also fails to include a spline arrangement. Therefore, Rupp does not anticipate that which is defined in independent claim 9.”, the Examiner contends that the claimed “spline arrangement” is not being particularly structurally defined in such a manner that the gear-train assembly 15 of Rupp cannot be interpreted as representing the “spline arrangement” as claimed. Applicant has failed to specifically explain how the present claim language in pending claim 9 overcomes the Examiner’s broad yet reasonable interpretation of the gear-train assembly 15 of Rupp as representing the structure as claimed.
In regard to applicant’s argument that “Saronowski et al. fails to anticipate that which is defined in independent claim 9…To the contrary, the handle as disclosed by Saronowski et al. extends in an upward direction (Figs. 1 and 2) when in one configuration and in a downward direction when in another configuration. Therefore, Saronowski et al. cannot anticipate that which is defined in independent claim 9.” and that “Saronowski et al. and Taco fail to render obvious that which is defined in independent claim 1.”, the Examiner contends that Rupp 11,388,896 has been utilized as a modifying reference to Saronowski et al. in order to address the newly amended limitations of claims 1 and 9.
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 DARREN W ARK whose telephone number is (571)272-6885. The examiner can normally be reached M-F 8:30-5.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kimberly Berona can be reached at (571) 272-6909. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DARREN W ARK/Primary Examiner, Art Unit 3647
DWA
Prosecution Insights