3Claim 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 16 and 17 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 pre-AIA the applicant regards as the invention. With respect to claim 16 - depending from claim 11, “the nesting component” lacks proper antecedent basis. Claim 17 is rejected as being dependent on a rejected claim.
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.
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Claims 11, 12, 16, and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Sabic et al (US 12496697 B2) in view of Hsieh (US 20200156221 A1) or White (US 4842311 A).
With respect to claim 11, Sabic discloses a telescopic tube assembly, comprising: a first tube body (310, figure 6) and a second tube body (530) nested together and slidable relative to each other; a ball (321) disposed on the first tube body (310), the first tube body (310) having a mounting hole (311, figure 5A) to accommodate the ball (321); the second tube body (530) sleeved over the first tube body (310), the second tube body (530) having a steel ball hole (535) corresponding to the ball (321); a pressing plate (550) provided on an outer side of the second tube body (530) and configured to press the ball (321) inward; and a protective cover (C, Examiner’s markup above) fitted on an outer wall of the second tube body (530) and enclosing an end (E, see examiner’ Markup above) of the pressing plate (550).
However, Sabic does not disclose the ball is a steel ball.
Hsieh teaches a detent system comprising a detent button (410) biased by spring (420) wherein the detent button is made of steel ball (410, see paragraph [0024])
White discloses a telescoping rod comprising a detent system (10) wherein “. Ordinary steel will commonly be used for the various components of the safety latch 10; however, spring clip 24 will normally be made from tempered steel, while stainless steel is often selected for fabricating pawl 12 since it is tough and long-wearing. “(column 4, lines 19-24)
It would have been obvious to one of ordinary skilled in the art to have modify the detent of Sabic such that it if formed of a steel ball as such material for detents is old and well-known in the art of detent systems as demonstrated by either Hsieh or White.
With respect to claim 12, Sabic combined with either White or Hsieh discloses the telescopic tube assembly of claim 11 as advanced above, wherein the second tube body (530) is positioned below the first tube body (310), wherein the pressing plate (550) includes a pressing section (551, figure 6) aligned with the steel ball (321, figure 6), the pressing section (551) extending downward into a handle (E), and wherein the protective cover (C) is positioned below the steel ball hole (535) and encloses the handle (E) externally.
With respect to claim 16 as best understood, Sabic combined with either White or Hsieh discloses the telescopic tube assembly of claim 11 as advanced above, wherein the pressing plate (550, figure 6) and the nesting component (552) are formed as a single integrated piece, the pressing plate (550) being exposed on an outer side of the second tube body (530).
With respect to claim 17, Sabic combined with either White or Hsieh discloses the telescopic tube assembly of claim 16 as advanced above, except for wherein both the pressing plate and the nesting component are made of plastic.
Plastic is old and well-known material. It would have been obvious to one of ordinary skilled in the art to have made wherein both the pressing plate (550) and the nesting component (552) of Sabic from plastic as such material is conventional and well-known.
Claims 13-15, 18, and 19 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.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The prior art of record further demonstrate telescoping assemblies with a latch.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Ko (Korie) H Chan whose telephone number is (571)272-6816. The examiner can normally be reached on Monday -Friday, 8:00 - 5:00 EST.
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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/Ko H Chan/Primary Examiner, Art Unit 3631
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