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 1-12 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. Regarding claims 1, the phrase "i.e." renders the claim indefinite because it is unclear whether the limitation(s) following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
Regarding claims 4, the phrase "i.e." renders the claim indefinite because it is unclear whether the limitation(s) following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
Regarding claims 5, the phrase "i.e." renders the claim indefinite because it is unclear whether the limitation(s) following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
Regarding claims 8, the phrase "i.e." renders the claim indefinite because it is unclear whether the limitation(s) following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
Regarding claims 9, the phrase "i.e." renders the claim indefinite because it is unclear whether the limitation(s) following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
Regarding claims 10, the phrase "i.e." renders the claim indefinite because it is unclear whether the limitation(s) following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Beech US 20240091616 A1
The Beech reference provides teaching of a beam elements with a width that provide a rest based for the foot (see FIG. 21A item 2108) and junction elements (see FIG 21A item 2102). The Beech provides a teaching height adjusting element that are provided for vertically varying the position of the beam elements (see FIG. 21B using a stack element 2102 to vary the height and paragraph 117-118). However, the limitation of independent claim 1 require a plurality of shims that are coupled to beam elements, the junction elements and plurality of pin elements with different lengths. Furthermore, the limitations of claim 1 also require that the plurality of shim are of semicircular shape, and have at least two different thickness. The modification of Beech to include a plurality of semicircular shapes and having two different thickness and plurality of the pins with different length will render the Beech reference unsatisfactory for its original function. Accordingly, no prior art rejection using the Beech reference is proffered.
Theriault et al US 20190224547
The Theriault reference beam elements with a width that provide a rest based for the foot (see FIG. 1 item 100) ) and junction elements (see FIG. 1 500). The Theriault reference provides a teaching height adjusting element that are provided for vertically varying the position of the beam elements (see FIG. 6A and 6 B for different height and paragraph 31). However, the Theriault is silent on the teaching of a plurality of shims that are coupled to beam elements, the junction elements and plurality of pin elements with different lengths.. Furthermore, the limitations of claim 1 also require that the plurality of shim are of semicircular shape and have at least two different thickness. The modification of Theriault to include a plurality of semicircular shapes and having two different thickness and plurality of the pins with different length would render the Theriault reference unsatisfactory for its original function. Accordingly, no prior art rejection using the Theriault reference is proffered.
Moore US 4105201
The Moore reference provides a beam training apparatus a width that provide a rest based for the foot. However, the Moore reference lacks the height adjusting element that are provided for vertically varying the position of the beam element.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ROBERT J UTAMA whose telephone number is (571)272-1676. The examiner can normally be reached 9:00 - 17:30 Monday - Friday.
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, Kang Hu can be reached at (571)270-1344. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ROBERT J UTAMA/Primary Examiner, Art Unit 3715
