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 1-9 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.
The term “close” in claim 1, line 28, is a relative term which renders the claim indefinite. The term “close” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. What one person considers as close may not be the same as what another person considers as close thus the metes and bounds of the limitation cannot be determined. Should claim 1, line 28, be amended to recite --moveable away from or towards the protruding member--?
Claim 4, lines 1-2, recites “the density of each of the two elastic members ranges from 0.036 kg/mm to 0.039 kg/mm” which is indefinite because the range of claim 4 is broader than the range of claim 3 which claim 4 depends from. Thus, claim 4 does not appear to further limit claim 3. Should claim 4, line 2, be amended to recite --0.306 kg/mm to 0.039 kg/mm--? Should Page 5 / Line 3 of the specification be amended accordingly?
Allowable Subject Matter
Claims 1-9 would be allowable if rewritten or amended 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.
Response to Arguments
Applicant’s arguments, see the Remarks, filed September 11, 2026, with respect to the rejection of claims 1-9 under 35 U.S.C. 112(b) have been fully considered and are persuasive. Therefore, the rejections have been withdrawn. However, upon further consideration, a new ground of rejection is made in view of 35 U.S.C. 112(b).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ADAM D ROGERS whose telephone number is (571)272-6561. The examiner can normally be reached Monday through Friday from 6AM-2:00PM EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, John Olszewski can be reached at (571)272-2706. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ADAM D ROGERS/ Primary Examiner, Art Unit 3617
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