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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Claim Objections
Claim 1 is objected to because of the following informalities: Claim 1, line 5, recites “an upper strut hinged with said housing to be rotatable relative to said housing”. As the upper strut is rotatable relative to said housing the language “to be” should be deleted so that the claim reads –an upper strut hinged with said housing and rotatable relative to said housing-- Appropriate correction is required.
Claim Rejections - 35 USC § 102
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.
Claim(s) 1-2, 7 and 17-18 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Mason (2017/0340471).
Regarding claim 1, Mason discloses a hinge (Fig. 2A to Fig. 2G) ([0027]), comprising: a housing (24, 26) ([0028]) having at least one retaining slot (70) (annotated Fig. 2D below)
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formed therein (Fig. 2D); a lower strut (16) ([0027]) hinged with said housing to be rotatable relative to said housing ([0028], the lower strut 16 has a lower pivot hole 36 which is aligned with a lower axle bore 38 on the hinge plate) about a lower axis ([0028], axis is through lower axis bore); an upper strut (14) ([0027]) hinged with said housing to be rotatable relative to said housing ([0028], the upper strut 14 has an upper pivot hole 32 which is aligned with an upper axle bore 34 on the hinge plate 24 ) about an upper axis ([0028], axis is through upper axle bore), said upper strut being connected with said lower strut to be synchronously rotated with said lower strut in opposite rotational directions ([0028]; NOTE: as each of the struts are rotatable about separate axles it follows that said upper strut is connected with said lower strut to be synchronously rotated with said lower strut in opposite rotational directions [flexion and extension of the struts occurs]); and at least one angularly restraining member (60) ([0028]; [0029], extension angle limit element 60; annotated Fig. 2D above) removably mounted on said housing ([0029], the surface tab 20 of the extension limit angle element 60 is received in an anterior recess 70 in the hinge plate and the tab assists in the removal of the angularly restraining member), and including an angularly restraining body (64) (annotated Fig. 2D above; [0029]) which is disposed between and interconnects said lower strut and said upper strut to abut against each of said lower strut and said upper strut ([0031], [0029], the extension angle limit element 60 has a body 64 which includes limiting surfaces 66 which are adapted to be engaged by mating faces 68 indented in anterior edges of the struts 14, 16) to define turnable angles of said lower strut and said upper strut ([0031], [0029], it follow that extension angle limit element 60 limits extension angles and thus defines turnable angles of the lower strut and upper strut), a resilient arm (74) ([0029], resilient lever) which is connected with said angularly restraining body at a proximal side thereof (Fig. 2D proximal relative to more distal edge of 20), and a retaining block (20) ([0027]) which projects from a distal side of said resilient arm that is opposite to said proximal side ([0029]; Fig. 2D shows block 20 distal to arm [lever 74]) and which is removably engaged in said retaining slot (Fig. 2E) to retain said angularly restraining member to said housing, said retaining block being operable to bring said resilient arm in resilient deformation to permit removal from said retaining slot ([0029] to [0031]; The retaining block [tab 20] being received within recess 70 allows the lever 74 [arm] to project through channel 76 through which the lever may be depressed by a pen to bring said resilient arm in resilient deformation to permit removal from said retaining slot thus the retaining block is operable to bring said resilient arm in resilient deformation via being positioned in the slot to allow depression by the pen to permit removal).
Regarding claim 2, Mason discloses the invention as described above with regard to claim 1.
Mason further discloses wherein said housing has at least one rim portion (annotated Fig. 2D below)
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which is formed adjacent to and spaced apart from said retaining slot (70), said retaining block having a slope surface (annotated Fig. 2D) which is in slidable contact with said rim portion ([0029], a lower edge of the surface tab 20 to be grasped with a fingernail to assist in removal of the extension angle limit element from the port; NOTE: thus it follows tab 20 is slidable out of contact with the rim portion and when the tab 20 is reinserted it is slidable back in contact with the rim) to bring said resilient arm in resilient deformation ([0029], [0031], Fig. 2A, the contact of the tab with the rim allows the lever to be positioned such that it can be pushed down with a pen and thus in resilient deformation), and an engaging surface (annotated Fig. 2D) which is opposite to said slope surface (annotated Fig. 2D) and retainingly engaged in said retaining slot when said resilient arm is returned to an original form thereof (Fig. 2A, [0031], when the pen is removed the lever/resilient arm does not clear the channel and the lever/resilient arm is returned to its original form and the engaging surface is retained in the slot 70).
Regarding claim 7, Mason discloses the invention as described above with regard to claim 1.
Mason further discloses wherein said housing has at least one inner abutting wall (annotated Fig. 2D above with regard to claim 1) which faces in a front-rear direction (Fig. 2D, the wall has a surface that extends from front to rear) and defines a positioning slot (72) in said housing for accommodating said angularly restraining body, and at least one outer abutting wall (annotated Fig. 2D above with regard to claim 1) which faces said positioning slot (annotated Fig. 2D shows an inner opening) and is spaced apart from said inner abutting wall in the front-rear direction (annotated Fig. 2D shows the positioning/inner slit is spaced apart from the inner abutting wall and the opening extends in a front to rear direction) such that said inner abutting wall and said outer abutting wall are in abutting engagement with said angularly restraining body and said retaining block, respectively (Fig. 2B; [0029], The surface tab 20 [retaining block] of the extension angle limit element 60 is received in an anterior recess 70 in the hinge plate 24 when the body of the extension angle limit element is received in the anterior port between the hinge plate and hinge).
Regarding claim 17, Mason discloses the invention as described above with regard to claim 1.
Mason further discloses wherein said housing has two of said retaining slots (84, 70) (anterior recess 70, [0029], [0030], posterior recess 84) which are formed therethrough (Fig. 2D shows slots through housing 24) and opposite to each other in a front-rear direction (Fig. 2D, NOTE: it is a front to rear direction depending on orientation), said hinge comprising two of said angularly restraining members (62, 60) ([0028]) which are disposed opposite to each other in the front-rear direction (Fig. 2D, one of the sides is considered a front and another a rear), said angularly restraining members being in form of a flexion restraining member ([0028], flexion angle limit element 62) and an extension restraining member ([0028], extension angle limit element 60), respectively, and being respectively and removably engaged in said retaining slots ([0029], The surface tab 20 of the extension angle limit element 60 is received in an anterior recess 70 in the hinge plate 24; [0030], The surface tab 22 of the flexion angle limit element 62 is received in a posterior recess 84 in the hinge plate 24).
Regarding claim 18, Mason discloses the invention as described above with regard to claim 1.
Mason further discloses wherein said housing has two of said retaining slots (84, 70) (anterior recess, [0029], [0030], posterior recess) which are formed therethrough (Fig. 2D shows slots through housing 24) and opposite to each other in a front-rear direction (Fig. 2D, note it is a front to rear direction depending on orientation), said hinge comprising a rear restraining assembly (62) (Fig. 2D, [0031], the flexion angle limit element 62 is replaceable with an angle limit element having a different angle and thus there is a rear restraining assembly which includes the angle limit element that is in use and the angle limit element which replaces the one in use and this restraining assembly can be considered to be a rear restraining assembly as the flexion angle limit element 62 is considered to be rearward of element 60) and a front restraining assembly (60)(Fig. 2D, [0031], the extension angle limit element 60 is replaceable with an angle limit element having a different angle and thus there is a front restraining assembly which includes the angle limit element that is in use and the angle limit element which replaces the one in use and this restraining assembly can be considered to be a front restraining assembly as the extension angle limit element 60 is considered to be in front of element 62) which are disposed opposite to each other in the front-rear direction (Fig. 2D shows 60 and 62 are disposed opposite to each other in the front-rear direction), each of said rear restraining assembly and said front restraining assembly including a plurality of said angularly restraining members ([0031] the angle limit elements are replaceable and therefore include a plurality), wherein said angularly restraining members of said rear restraining assembly are in form of flexion restraining members ([0031], 62 is a flexion angle limit element) and are configured to respectively have different restraining angles ([0031], flexion angle limit element is replaceable with an angle limiting element having a different angle) such that a selected one of said angularly restraining members is mounted on said housing and releasably engaged in a corresponding one of said retaining slots ([0030], The surface tab 22 of the flexion angle limit element 62 is received in a posterior recess 84 in the hinge plate 24 when the body of the flexion angle limit element is received in the posterior port between the hinge plate and hinge assembly cap 26 [FIG. 2A]; [0031],The pen 92 depresses the lever 88 to clear the channel 90 as shown in FIG. 2F allowing the flexion angle limit element 62 to be removed from the port 30 as shown in FIG. 2G.), and said angularly restraining members of said front restraining assembly are in form of extension restraining members ( [0031], 60 is an extension angle limit element) and are configured to respectively have different restraining angles ([0031], extension angle limit element is replaceable with an angle limiting element having a different angle) such that a selected one of said angularly restraining members is mounted on said housing and releasably engaged in a corresponding one of said retaining slots ([0029, The surface tab 20 of the extension angle limit element 60 is received in an anterior recess 70 in the hinge plate 24; [0031], a pen is used to depress the lever which makes the lever clear the channel and allows the corresponding angle limit element to be removed; the flexion angle limit element was given as an example as shown in Fig. 2F and Fig. 2G but it is implied that the pen is used in the same way for the extension angle limit element as it is associated with aperture 94 through which the pen extends as disclosed in [0031]).
Claim(s) 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Mason (2017/0340471) in view of Kausek (US 4732143).
Regarding claim 16, Mason discloses the invention as described above with regard to claim 1.
Mason further discloses wherein said angularly restraining member is integrally formed to be a single piece (Fig. 2C shows the member is integrally formed to be a single piece is that is integrally form as separate sections of it are integrated as a unit).
Mason does not disclose wherein said angularly restraining member is made of a plastic material.
Kausek teaches an analogous hinge (11) (Fig. 1, Fig. 2), comprising: an analogous housing (51, 52) having at least one analogous retaining slot (78) (col. 4, lines 22-31 notch in the front edge of the plate) formed therein (Fig. 6); an analogous lower strut (42) hinged with said housing to be rotatable relative to said housing about an analogous lower axis (col. 3, lines 56 to col. 4, line 5, a lower axis about which the lower strut rotates relative to the housing would extends through rivet 54); an analogous upper strut (41) hinged with said housing to be rotatable relative to said housing about an analogous upper axis (col. 3, lines 56 to col. 4, line 5, an upper axis about which the upper strut rotates relative to the housing would extends through rivet 53); and at least one analogous angularly restraining member (10) (col. 4, lines 32-38) made of a plastic material (col. 4, lines 32-38, the stop is made of a resilient plastic thus so is the arm 77 which is a part of the stop 10 is made of a resilient plastic).
It would have been obvious to one having ordinary skill in the art, before the effective filing date of the invention, to provide that the angularly restraining member of the hinge of Mason is made of a plastic material as taught by Kausek, in order to provide an improved hinge that has an angularly restraining member that is strong, lightweight and resilient (Kausek, col. 4, lines 32-38)
Allowable Subject Matter
Claims 3-6 and 8-15 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
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/G.M./ Examiner, Art Unit 3786
/OPHELIA A HAWTHORNE/ Primary Examiner, Art Unit 3786
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