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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on April 18, 2025 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Specification
The disclosure is objected to because of the following informalities: The specification fails to contain the appropriate subtitles (i.e., “Background of the Invention”, “Brief Description of the Drawings”, etc.).
Appropriate correction is required.
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 1-16 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.
Claims 1-16 are replete with errors under 35 USC 112 too numerous to mention specifically; however, examples of the errors are as follows:
In claims 1, 15 and 16, lines 2, the applicant employs the phrase “such as”. The phrase "such as" renders the claim indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
In claim 1, line 2 and claims 15 and 16, lines 3, the applicant employs the phrase “or the like”. The phrase "or the like" renders the claim(s) indefinite because the claim(s) include(s) elements not actually disclosed (those encompassed by "or the like"), thereby rendering the scope of the claim(s) unascertainable. See MPEP § 2173.05(d).
In claim 4, line 6, applicant employs the phrase “for example”. The phrase "for example" 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).
In claim 1, lines 1-2, “the end of the arm” appears to lack proper antecedent basis.
In claim 1, line 6, “the lower face” appears to lack proper antecedent basis.
In claim 1, line 7, “the upper face” appears to lack proper antecedent basis.
In claim 2, line 3 and claim 14, line 2, the applicant employs the phrase “in particular”. The phrase “in particular” is inherently unclear in that it appears to set up “a range within a range” and thus not allowing one to determine the metes and bounds of the claimed subject matter The lack of clarity renders the claimed subject matter indefinite.
In claim 4, lines 3 and 7, applicant claims “the base plate”. There is a prior mention of two different “base plate(s)” (claim 1, lines 4 and 9) and it is unclear as to which “base plate” is being referred. The lack of clarity renders the claimed subject matter indefinite.
Note: A similar issue exists with “the base plate” in claim 5 on line 3.
In claim 5, line 1, “the front end” appears to lack proper antecedent basis.
In claim 6, lines 1-2, “the rear face of each abutment” appears to lack proper antecedent basis.
As mentioned above, these are only examples of errors under 35 USC 112 and all claims should be revisited and revised as necessary.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
Claims 1, 2, 3, 5, 15 and 16 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Morin et al. (USP 8,585,314).
Regarding claims 1, 15 and 16: Morin discloses a quick-release fastener device for attaching a tool to an end of the arm of a machine (column 1, lines 7-10) comprising:
a first connection part (as seen in figure 1, area of 2) intended to be attached to the tool (column 2, lines 26-30) and
a second connection part (as seen in figure 1, area of 1) intended to be attached to the arm (column 2, lines 26-30),
the first part comprising:
a base plate having a front edge and a rear edge (as seen in annotated figure 4 below),
a coupling hook or pin (as seen in figure 1, area of 4) protruding from a lower face of the base plate and
a locking hook protruding from an upper face of the base plate (as seen in figure 1, area of 5 and annotated figure 4 below) ,
the second part comprising
a pin or hook (as seen in figure 1, area of 3) intended to be coupled to the coupling hook or pin of the first part,
a base plate (as seen in annotated figure 4 below), and a slidably mounted locking plate (as seen in figures 1 and 5, at 6) biased by spring means (as seen in figure 1, at 7),
the locking hook of the first part being intended to pass through a through-opening formed in the slidable locking plate of the second part in order to be hooked to an edge of the opening once the locking plate has slid in order to ensure the locking of the quick-release fastener device (as seen between figures 1 and 4), characterised in that two prominences, one right and one left, project from the front of the base plate of the first part (as seen in annotated figure 5 below).
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Figure 4
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Figure 5
Regarding claims 2 and 3: Morin discloses the quick-release fastener device of claim 1. Further, Morin discloses when viewed in a longitudinal section from back to front, each prominence comprises an upper end portion that is curved and each end in a protuberance (as seen in figures 4 and 5).
Regarding claim 5: Morin discloses the quick-release fastener device of claim 1. Further, Morin discloses a front end of the second connection part having abutments that project from the lower face of the second connection part base plate (as seen in the annotated figure 1 below).
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Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Husson (USP 6,629,811) discloses a quick release device employing a two-part system and a spring biased latching means.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ROBERT ERIC PEZZUTO whose telephone number is (703)756-1320. The examiner can normally be reached Monday-Friday 7am-3:30pm.
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, Joseph M. Rocca can be reached at 571-272-8971. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ROBERT E PEZZUTO/ Examiner, Art Unit 3671
