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 .
Response to Amendment
The amendment to the claims filed on 08/19/2026 does not comply with the requirements of 37 CFR 1.121(c) because the amended claims document submitted does not include status identifiers for each claim or include all previous claim language with markings to indicate language removed or added. The examiner recognizes that within a letter accompanying the amendment Attorney Solomon discusses the basis for the amendments along with properly marked up claims. However, this listing of claims should have been submitted as a separate paper. For the purposes of examination, the examiner will consider the claims as amended, however the Applicant is still required to submit an amendment in compliance with 37 CFR 1.121.
Amendments to the claims filed on or after July 30, 2003 must comply with 37 CFR 1.121(c) which states:
(c) Claims. Amendments to a claim must be made by rewriting the entire claim with all changes (e.g., additions and deletions) as indicated in this subsection, except when the claim is being canceled. Each amendment document that includes a change to an existing claim, cancellation of an existing claim or addition of a new claim, must include a complete listing of all claims ever presented, including the text of all pending and withdrawn claims, in the application. The claim listing, including the text of the claims, in the amendment document will serve to replace all prior versions of the claims, in the application. In the claim listing, the status of every claim must be indicated after its claim number by using one of the following identifiers in a parenthetical expression: (Original), (Currently amended), (Canceled), (Withdrawn), (Previously presented), (New), and (Not entered).
(1) Claim listing. All of the claims presented in a claim listing shall be presented in ascending numerical order. Consecutive claims having the same status of “canceled” or “not entered” may be aggregated into one statement (e.g., Claims 1–5 (canceled)). The claim listing shall commence on a separate sheet of the amendment document and the sheet(s) that contain the text of any part of the claims shall not contain any other part of the amendment.
(2) When claim text with markings is required. All claims being currently amended in an amendment paper shall be presented in the claim listing, indicate a status of “currently amended,” and be submitted with markings to indicate the changes that have been made relative to the immediate prior version of the claims. The text of any added subject matter must be shown by underlining the added text. The text of any deleted matter must be shown by strike-through except that double brackets placed before and after the deleted characters may be used to show deletion of five or fewer consecutive characters. The text of any deleted subject matter must be shown by being placed within double brackets if strike-through cannot be easily perceived. Only claims having the status of “currently amended,” or “withdrawn” if also being amended, shall include markings. If a withdrawn claim is currently amended, its status in the claim listing may be identified as “withdrawn—currently amended.”
(3) When claim text in clean version is required. The text of all pending claims not being currently amended shall be presented in the claim listing in clean version, i.e., without any markings in the presentation of text. The presentation of a clean version of any claim having the status of “original,” “withdrawn” or “previously presented” will constitute an assertion that it has not been changed relative to the immediate prior version, except to omit markings that may have been present in the immediate prior version of the claims of the status of “withdrawn” or “previously presented.” Any claim added by amendment must be indicated with the status of “new” and presented in clean version, i.e., without any underlining.
(4) When claim text shall not be presented; canceling a claim.
(i) No claim text shall be presented for any claim in the claim listing with the status of “canceled” or “not entered.”
(ii) Cancellation of a claim shall be affected by an instruction to cancel a particular claim number. Identifying the status of a claim in the claim listing as “canceled” will constitute an instruction to cancel the claim.
(5) Reinstatement of previously canceled claim. A claim which was previously canceled may be reinstated only by adding the claim as a “new” claim with a new claim number.
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 1-21 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 claim 1 lines 8-9, it is unclear if the claim is requiring that the first and second screws both engage with both first and second arms. Examiner proposed clarifying with “respectfully” language.
In claims 5 and 6, the only positively claimed structure is a “toothbar”. There is no additional structure for connection to the device at all, as currently claimed the toothbar is a separate independent structure and therefore unclear how structurally it is configured to follow a path or where the path is and what structure defines a pivot axis.
Claim 7 recites the limitation "the housing" in line 2. There is insufficient antecedent basis for this limitation in the claim.
In claim 9 it is unclear whether the limitation is now removing the previously required carriage and claiming the carriage as a separate independent structure that is optionally (selectively) attached. The examiner suggests removing the term “selectively”.
In claim 13 the first limitation states that each set of apertures are aligned in a longitudinal direction, the second limitation requires the first set aligned with the second, but it is unclear what “aligned” would then structurally require for this limitation. Examiner suggests clarifying by adding that each aperture of the first is aligned with the second on opposing sides of the base.
In claim 17, the first and second opposing set screws are not positively claimed as connected to the device. It is unclear how the set screws are “configured to compressively engage” without any further structure. Similarly, the toothbar is not positively claimed as connected to the device. There is no additional structure for connection to the device at all, as currently claimed the toothbar is a separate independent structure and therefore unclear how structurally it is configured to follow a planetary path, where the path is, and what structure defines a pivot axis. Examiner proposed amending the claim to positively recite the connections by adding the structural limitations of claim 21.
In claim 18, the limitation is solely drawn to apertures. It is unclear where the apertures are located.
Claim 21 recites the limitation "the housing" in line 2. There is insufficient antecedent basis for this limitation in the claim
Conclusion
The prior art made of record and not relied upon is considered pertinent to Applicant's disclosure. Examiner lists referenced documents on PTO-892 because the references present other/alternative or conceptual designs similar in scope that illustrate relevant features, which may demonstrate the level of novelty in comparison to Applicant’s inventive submission. The record relates to Applicant’s identified material and Examiner’s discovered references concerning Applicant’s subject matter relevant for a patentability determination.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MONICA L PERRY whose telephone number is (571)270-3113. The examiner can normally be reached Monday-Friday 10am-6pm.
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, Timothy Collins can be reached at 571-272-6886. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MONICA L PERRY/Primary Examiner, Art Unit 3644
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