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 .
Election/Restrictions
Claims 4-5 withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected Species, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 7/14/26.
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.
Claim(s) 1-3, 6-8, 10-15, 17-18 and 20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by MacMillan, U.S. Patent 6,367,121.
Regarding Claim 1, MacMillan teaches:
A first tube (11) including a first end and a second end opposite the first end, the first
tube defining a longitudinal axis extending between the first and second ends (Fig. 1);
a second tube (12) movable relative to the first tube along the longitudinal axis, the second tube including a first end and a second end opposite the first end, the second tube having a longitudinal slot (see Fig. 4, interior slot of tube 11) extending between the first and second ends;
a brake assembly (33) including a brake handle (27) coupled to the first end of the first tube, a brake clamp (32) coupled to the second end of the second tube, a pull rod (39) coupled at one end to the brake handle and positioned within the slot of the second tube, and a brake rod (25); and
a connecting plate (17) pivotably coupled to the brake clamp, the connecting plate configured to be coupled to the finisher box to support the finisher box from the handle assembly (see Abstract); wherein the brake rod is operable to apply a clamping force to the brake clamp in response to actuation of the brake handle to inhibit the connecting plate from pivoting (Col 3, Lns 31-37).
Regarding Claim 2, MacMillan teaches:
An adjustment assembly (31) configured to adjust a combined length of the first and second tubes, wherein the second tube is slidable relative to the first tube to adjust a combined length of the first and second tubes (Col 3, Lns 40-45).
Regarding Claim 3, MacMillan teaches:
A rear bushing (see below) configured to limit an extent to which the second tube is retractable within the first tube.
Regarding Claim 6, MacMillan teaches:
A first tube (11) including a first end and a second end opposite the first end, the first
tube defining a longitudinal axis extending between the first and second ends (Fig. 1);
a second tube (12) movable relative to the first tube along the longitudinal axis, the second tube including a first end and a second end opposite the first end;
a brake assembly (33) including a brake handle (27) coupled to the first end of the first tube, a clamp assembly (32) supported by the first tube, a brake rod (25) having a first end and a second end opposite the first end extending through the clamp assembly, and a pull rod (39) having a first end coupled to the brake handle and a second end opposite the first end coupled to the clamp assembly; and
a connecting plate (17) pivotably coupled to the second end of the brake rod, the connecting plate configured to be coupled to the finisher box to support the finisher box from the handle assembly;
wherein the clamp assembly is operable to apply a clamping force to the brake rod in response to actuation of the brake handle to inhibit the connecting plate from pivoting (Col 3, Lns 31-37).
Regarding Claim 7, MacMillan teaches:
Wherein the clamp assembly is disposed within an interior of the second tube (see Fig. 4).
Regarding Claim 8, MacMillan teaches:
The clamp assembly includes a clamp (32) positioned about the brake rod and a clamp actuator (41-42) coupled to the pull rod.
Regarding Claim 10, MacMillan teaches:
Wherein in response to actuation of the brake handle, the clamp applies a clamping force to the brake rod to inhibit axial movement of the brake rod (Col 3, Lns 31-37).
Regarding Claim 11, MacMillan teaches:
A tube (11, 12) including a first end, a second end opposite the first end, and a
longitudinal axis extending between the first and second ends;
a brake assembly (33) including a brake handle (27) coupled to the first end of the tube, a clamp assembly (32) disposed within an interior of the tube, a brake rod (25) having a first end and a second end opposite the first end extending through the clamp assembly, and a pull rod (39) having a first end coupled to the handle and a second end opposite the first end coupled to the clamp assembly; and
a connecting plate (17) pivotably coupled to the second end of the brake rod, the connecting plate configured to be coupled to the finisher box to support the finisher box from the handle assembly;
wherein the clamp assembly is operable to apply a clamping force to the brake rod in response to actuation of the brake handle to inhibit the connecting plate from pivoting (Col 3, Lns 31-37).
Regarding Claim 12, MacMillan teaches:
Wherein the tube is a first tube (12), and wherein the handle assembly further comprises a second tube (11) moveable relative to the first tube.
Regarding Claim 13, MacMillan teaches:
Wherein the second tube is positioned within the first tube (see Fig. 4, elements 11, 12).
Regarding Claim 14, MacMillan teaches:
The second tube is moveable axially in a direction coaxial with the longitudinal axis (Col 3, Lns 14-20).
Regarding Claim 15, MacMillan teaches:
Wherein the clamp assembly includes a clamp (32) positioned about the brake rod and a clamp actuator coupled to the pull rod.
Regarding Claim 17, MacMillan teaches:
Wherein in response to actuation of the brake handle, the clamp applies a clamping force to the brake rod to inhibit axial movement of the brake rod (Col 3, Lns 31-37).
Regarding Claim 18, MacMillan teaches:
The clamp includes a central bore (see below) through which the brake rod extends and two flanges (see below) that are separated by a split (see below) that extends into the central bore, and wherein in response to actuation of the brake handle, the clamp actuator axially moves relative to the clamp to apply a force to each of the flanges, thereby closing the split and evenly applying the clamping force to the brake rod (Col 3, Lns 31-37).
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Regarding Claim 20, MacMillan teaches:
Wherein an end of the brake rod protruding from the clamp is pivotably coupled to the connecting plate, and wherein in response to actuation of the brake handle, axial movement of the brake rod, and therefore pivoting movement of the connecting plate, is inhibited (see 25 in Fig. 2).
Allowable Subject Matter
Claims 9, 16 and 19 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
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MATTHEW J SULLIVAN whose telephone number is (571)270-5218. The examiner can normally be reached IFP, Typically M-Th, 8:00-6:00, regular Fr availability.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jason San can be reached at 571-272-6531. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MATTHEW J SULLIVAN/Examiner, Art Unit 3677
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