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.
Claim(s) 1-13 is/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, as follow:
Referring to MPEP 2172.01, “depending on the specific facts at issue, a claim which omits subject matter disclosed to be essential to the invention as described in the specification or in other statements of record may be rejected …….. under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph, as indefinite (see, e.g., In re Venezia, 530 F.2d 956, 189 USPQ 149 (CCPA 1976)); or under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph, as failing to claim the subject matter that the inventor or a joint inventor (or, for applications subject to pre-AIA 35 U.S.C. 112, the applicant) regards as the invention (see, e.g., In re Collier, 397 F.2d 1003, 158 USPQ 266 (CCPA 1968)). Such essential matter may include missing elements, steps or necessary structural cooperative relationships of elements described by the applicant(s) as necessary to practice the invention. ……… If a claim fails to interrelate essential elements of the invention as defined by applicant(s) in the specification, the claim may be rejected under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph, as indefinite. See In re Venezia, 530 F.2d 956, 189 USPQ 149 (CCPA 1976)……”.
Referring also to MPEP 2163.05, which recites in part: “A claim that omits an element which applicant describes as an essential or critical feature of the invention originally disclosed does not comply with the written description requirement. See Gentry Gallery, 134 F.3d at 1480, 45 USPQ2d at 1503; In re Sus, 306 F.2d 494, 504, 134 USPQ 301, 309 (CCPA 1962)”.
Claim 1 in lines 12-15 recites: “wherein the first actuating member is configured to compress at least a first locking assembly of the plurality of locking assemblies, and the second actuating member is configured to compress at least a second locking assembly of the plurality of locking assemblies.”
However, in view of support of [0030] of specification, it remains unclear how “wherein the first actuating member is configured to compress at least a first locking assembly of the plurality of locking assemblies, and the second actuating member is configured to compress at least a second locking assembly of the plurality of locking assemblies” would be deemed achievable, or enabled and described, and claimed invention of claim 1 does not comply with the written description requirement.
As best understood by Examiner, certain essential elements and structural limitations appear to be missing to claim the subject matter that the inventor regards as the invention in claim 1.
First, drawing reference to [0031] of the specification which recites in part: “The locking assembly 5 includes a locking member 51 and a locking spring 52. The middle part of the locking member 51 is movably sleeved on the locking shaft 53. A locking groove 43 is arranged on the side of the energy storage component 4, with one end of the locking member 51 corresponding to the locking groove 43. The locking spring 52 is fixedly arranged inside the case 1 and abuts against the other side of the locking member 51. Furthermore, the first actuating member 6 controls the other end of the corresponding locking member 51 to compress (in a first position) or release (in a second position) the locking spring 52, and the second actuating member 7 controls the other end of the corresponding locking member 51 to compress (in a first position) or release (in a second position) the locking spring 52”.
Second, as best understood by Examiner, disclosed but not yet claimed features/limitations taken from specification are as follow:
The locking assembly 5 includes a locking member 51 and a locking spring 52.
The middle part of the locking member 51 is movably sleeved on the locking shaft 53.
A locking groove 43 is arranged on the side of the energy storage component 4, with one end of the locking member 51 corresponding to the locking groove 43.
The locking spring 52 is fixedly arranged inside the case 1 and abuts against the other side of the locking member 51.
The first actuating member 6 controls the other end of the corresponding locking member 51 to compress (in a first position) or release (in a second position) the locking spring 52,
The second actuating member 7 controls the other end of the corresponding locking member 51 to compress (in a first position) or release (in a second position) the locking spring 52
Examiner submits that the totality of at least features and limitations taken from [0031] appear to better describe and enable the claimed limitations in lines 12-15 of claim 1. In short, Examiner submits that claim 1 is rejected under 35 U.S.C. 112(b): because essential elements and structural relationships are missing or omitted.
Referring to [0031] in specification of instant application, please notice that it is not the (entire) locking assembly 5 that is controlled and compressed by the first actuating member 6 and second actuating member 7, due to the fact that first and second actuating member 6, 7 controls the other end of the corresponding locking member 51 to compress (in a first position) or release (in a second position) the locking spring 52, respectively. In other words, only one specific component of the locking assembly (51) is controlled to compress or release an another specific component (52) of the locking assembly (51/52/53), meanwhile locking assembly 5 includes three components, namely: a locking member 51 a locking spring 52, and a locking groove 43.
Meanwhile, it also appears that the claimed limitations in lines 12-15 of claim 1 are further facilitated and enabled by at least the following structural relationship limitations: a locking groove 43 arranged on the side of the energy storage component 4, with one end of the locking member 51 corresponding to the locking groove 43, the middle part of the locking member 51 movably sleeved on the locking shaft 53, and the locking spring 52 fixedly arranged inside the case 1 and abuts against the other side of the locking member 51.
In addition, even more descriptions are also found in [0035], [0044], [0045], where other elements or components such as locking trigger parts, trigger pins, and protrusion areas alongside performing of various detailed steps and actions, also play a role in achieving and enabling the claimed limitations in lines 12-15 of claim 1.
As a reminder, please refer to MPEP 2111, which recites in part : “ II. IT IS IMPROPER TO IMPORT CLAIM LIMITATIONS FROM THE SPECIFICATION Though understanding the claim language may be aided by explanations contained in the written description, it is important not to import into a claim limitations that are not part of the claim. “, and without the additional importing or inclusion of limitations including certain essential elements taken from specification (i.e. [0031]), as discussed herein above, it appears impossible as presently claimed in claim 1, to describe and enable “wherein the first actuating member is configured to compress at least a first locking assembly of the plurality of locking assemblies, and the second actuating member is configured to compress at least a second locking assembly of the plurality of locking assemblies” in claim 1.
Alternatively, claim 1 could also be rejected under 35 U.S.C. 112(a) (or pre-AIA 112, first paragraph) for lack of enablement or inadequate written description if essential matter is omitted. See MPEP 2172.01 for details: “Depending on the specific facts at issue, a claim which omits subject matter disclosed to be essential to the invention as described in the specification or in other statements of record may be rejected under 35 U.S.C. 112(a) or pre-AIA 35 U.S.C. 112, first paragraph, as not enabling (see, e.g., In re Mayhew, 527 F.2d 1229, 188 USPQ 356 (CCPA 1976)); under 35 U.S.C. 112(a) or pre-AIA 35 U.S.C. 112, first paragraph, as lacking an adequate written description (see, e.g., Gentry Gallery, Inc. v. Berkline Corp., 134 F.3d 1473, 45 USPQ2d 1498 (Fed. Cir. 1998)); under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph, as indefinite (see, e.g., In re Venezia, 530 F.2d 956, 189 USPQ 149 (CCPA 1976)); or under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph, as failing to claim the subject matter that the inventor or a joint inventor (or, for applications subject to pre-AIA 35 U.S.C. 112, the applicant) regards as the invention (see, e.g., In re Collier, 397 F.2d 1003, 158 USPQ 266 (CCPA 1968)). Such essential matter may include missing elements, steps or necessary structural cooperative relationships of elements described by the applicant(s) as necessary to practice the invention.”
Examiner appreciates that it is a common practice to omit conventional or commonly well-known features from the specification and the claim, respectively, without triggering issues for written description and enablement requirements under 35 USC 112. However, the major distinction in instant situation is very different because expressly described features and limitations found in instant specification in [0030], [0035], [0044], and [0045] are not commonly known conventional knowledge, but are new and thus required to be included as claimed subject matter to satisfy written description and enablement requirements under 35 USC 112.
By virtue of dependency upon rejected base claim 1, dependent claims 2-12 are also rejected under 35 U.S.C. 112(b)
Correction is required.
Claim 13 recites in last 4 lines as follow: “a plurality of locking assemblies configured to control the plurality of energy storage components, and wherein the first actuating member and the second actuating member are configured to independently control different locking assemblies of the plurality of locking assemblies.”
However, essential elements appear to be missing to describe and enable the specific “control” in “a plurality of locking assemblies configured to control the plurality of energy storage components” in claim 13.
Referring to [0030], the counterweight of the energy storage component 4 is controlled by the locking assembly 5 corresponding to the second actuating member 7 can be 0.5 kg, and the counterweight of the energy storage component 4 controlled by the locking assembly 5 corresponding to the first actuating member 6 can be either 2 kg or 1 kg. ………… The load weights of the energy storage components 4 can be customized according to specific requirements. For example, the counterweight of the energy storage component 4 controlled by the locking assembly 5 corresponding to the second actuating member 7 can be 0.1 kg, 0.2 kg, 0.3 kg, 0.4 kg, etc., and the counterweight of the energy storage component 4 controlled by the locking assembly 5 corresponding to the first actuating member 6 can also be 3 kg, 4 kg, 5 kg, etc.”
As best understood by Examiner, the locking assembly appears to control the counterweight of the energy storage component corresponding to two actuating members, respectively, by adjusting and customizing the total load weights thereof, and all of such descriptions are currently missing in the claim 13.
Furthermore, essential elements appear to be missing to describe and enable the type of specific “independently control” in “wherein the first actuating member and the second actuating member are configured to independently control different locking assemblies” in claim 13.
Once again, referring to MPEP 2111, which recites in part : “ II. IT IS IMPROPER TO IMPORT CLAIM LIMITATIONS FROM THE SPECIFICATION Though understanding the claim language may be aided by explanations contained in the written description, it is important not to import into a claim limitations that are not part of the claim. “.
Notice that [0032]~ [0044] of instant specification discusses about control by the first actuating member 6 on locking elements, while [0045] ~ [0048] of instant specification discusses about the control by the second actuating member 7 control on locking elements, and essential elements and limitations taken from above are missing in the claim 13.
Correction is required.
Allowable subject matter
Claim(s) 1, 4, 6-11 contains allowable subject matter, however, remain rejected under 35 USC 112(b) as discussed herein above.
The following is a statement of reasons for the indication of allowable subject matter: Previously cited prior art Jaumann fails to read on the following: a first actuating member and a second actuating member that are movably provided at different positions on the case … wherein the first actuating member is configured to compress at least a first locking assembly of the plurality of locking assemblies, and the second actuating member is configured to compress at least a second locking assembly of the plurality of locking assemblies as claimed in claim 1, a plurality of actuating beads circumferentially provided between the first actuating member and the first actuating zone as claimed in claim 4, wherein a counterweight of an energy storage component corresponding to at least one first trigger pin in the first actuating zone is half of a weight of the energy storage component corresponding to other first trigger pins as claimed in claim 6, and wherein the second actuating zone comprises a second trigger hole; wherein a second trigger pin is movably provided inside the second trigger hole; wherein a second locking trigger part is provided on the second actuating member; wherein the second actuating member is movably provided in the second actuating zone; wherein the second locking trigger part corresponds to the second trigger pin; and wherein the second trigger pin is connected to or abutted against one side of the corresponding locking member opposite to the locking spring as claimed in claim 7, and wherein a sliding groove is provided in the second actuating zone; wherein the second trigger hole is provided in the sliding groove; and wherein the second locking trigger part is vertically movably provided in the sliding groove as claimed in claim 8, and wherein a guiding element is arranged on the second actuating zone; wherein a guide hole is provided on the guiding element; wherein the guide hole is connected to the sliding groove; wherein a connecting part is fixed on the second actuating member; wherein the second actuating member is movably provided on the guiding element; and wherein the connecting part passes through the guide hole to be connected to the second locking trigger part located in the sliding groove as claimed in claim 9, and wherein the first actuating member is connected to one of the three parts, the second actuating member is connected to another one of the three parts as claimed in claim 10, and wherein the damping actuating member is rotatably arranged on the case; wherein a plurality of damping plate assemblies are sleeved onto the pivot shaft; wherein an adjusting post is movably provided on the case; wherein a locking protrusion is provided on the adjusting post; wherein the locking protrusion corresponds to all of the plurality of damping plate assemblies; and wherein a damping trigger is connected to the adjusting post to drive the locking protrusion to move as claimed in claim 11. As allowable subject matter has been indicated, applicant's reply must either comply with all formal and statutory requirements or specifically traverse each requirement not complied with. See 37 CFR 1.111(b) and MPEP § 707.07(a).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Lu (US 20250251080A1) discloses a dynamic balance adjusting structure for tripod head. Johnson (US 20040113033a1) discloses a camera head with counterbalance system. Ishikawa (US 5413295) discloses tripod head weight balancer.
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DING Y TAN whose telephone number is (303)297-4271. The examiner can normally be reached on Monday-Friday, 8:00am MT--5:00pm MT. 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, Terrell McKinnon can be reached on 571-272-4797
The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see https://ppair-my.uspto.gov/pair/PrivatePair. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/DING Y TAN/Examiner, Art Unit 3632
/TERRELL L MCKINNON/Supervisory Patent Examiner, Art Unit 3632
