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 Objections
Claim 3 is objected to because of the following informalities: in line 2, it seems as though “with” (first occurrence) should be changed to –in— (so as to read “come in contact with”). 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.
Claim 3 is 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 3, the recitation of “the cylinder part or the piston includes an orifice part communicating between inside and outside of the cylinder part” is not clearly understood with respect to the disclosure (see para [0030], Fig. 4, 5B). The disclosure reads that The orifice part 70 is formed in the bottom portion 68 (of the cylinder part 30) and communicates between the inside and outside of the cylinder part 30. The column part 72 is erected from the bottom portion 68. The column part 72 is inserted into the spring 18 to support the spring 18.
Thus it is unclear how the piston can include the orifice part. Furthermore, the “inside” and “outside” of the cylinder part is also not clearly disclosed and recited.
Accordingly, claim 3 is examined as best understood.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1, 2, 3 (as best understood), 7, and 9 is/are rejected under 35 U.S.C. 102(a)(1)/(a)(2) as being anticipated by Nakasone 2021/0348427 (hereinafter Nakasone).
Re Claim 1.
Nakasone discloses a handle device (Figs. 1, 4, 5B) comprising: a fixing member (20) including a cylinder part (38) having one end open and another end at a bottom portion; a handle (40) rotatably provided on the fixing member and configured to become an open state or a closed state by rotation; a biasing member (75) configured to bias the handle in a closing direction; and a piston (39) inserted into the cylinder part (38) so as to be advanceable and retractable (inherently compressible/expandable as a disclosed rubber damper so that a hitting sound is reduced, para [0070]), wherein the piston includes a sliding part (outer periphery of damper 39) provided on an outer peripheral surface thereof, and the piston is pushed and retracts toward the bottom portion when the handle is rotated in the closing direction (inherent compression of the rubber damper 39), causing the sliding part to be slid along an inner peripheral surface of the cylinder part (38) in response to the retraction, thereby providing resistance against a closing operation of the handle (reducing the hitting sound, para [0070]).
Re Claim 2.
Nakasone discloses the handle device according to claim 1, wherein the handle includes a design surface (on the front side at 40 in Fig.4), and a back surface (on fixing member 20) supporting the piston (39) on a back side of the design surface, and a central axial direction of the cylinder part (38) intersects with the design surface (40).
Re Claim 3. (as best understood)
The handle device according to claim 1, wherein the sliding part (at 39 in Fig.4) is formed in an annular shape and configured to come with contact with and seal against the inner peripheral surface of the cylinder part (38), and the cylinder part (38) or the piston includes an orifice part communicating between inside and outside of the cylinder part.
Re Claim 7.
Nakasone discloses the handle device according to claim 1, wherein the piston (39) includes a cushion part formed on one end side thereof (bulbous end portion in Fig.4), the cushion part includes a step portion (at 39 in Fig.4, at the end of the bulbous portion) that protrudes outward in a radial direction, and when the piston is pushed by the handle and retracts, the step portion comes into contact with an edge of an opening of the cylinder part, stopping the retraction and stopping the closing operation of the handle.
Re Claim 9.
Nakasone discloses the handle device according to claim 1, further comprising a locking member (Fig. 1; 10, 50) movable to a locked position and to an unlocked position, wherein the handle (40) is configured to move the locking member to the locked position or the unlocked position by a rotating operation (of handle drive rotary member 60).
Claim Rejections - 35 USC § 103
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 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 4, 6, 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Nakasone in view of .
Re Claim 4.
Nakasone discloses the handle device according to claim 1, further comprising a spring accommodated in the cylinder part (30), with one end in contact with the bottom portion and another end in contact with the piston (39), to bias the piston in an advancing direction out of the cylinder part.
Nakasone fails to disclose the italicized portion above, a spring bias for the piston (39).
Horldt discloses a spring biased plunger/piston (7) including a spring bias (13) mounted within a bottom part of a cylinder part (4, within door portion 2), with one end in contact with the bottom portion (8) and another end in contact with the piston (7), to bias the piston in an advancing direction out of the cylinder part.
It would have been obvious to one of ordinary skill in the art to look to the field of damping spring plungers for a teaching of providing a spring bias as taught by Horldt for the piston (39) of Nakasone in order to effectively dampen the engagement between the handle parts
Re Claim 6.
Nakasone in view of Horldt discloses the handle device according to claim 1, wherein the piston (Horldt 7) has a rib formed to protrude from an outer peripheral surface of the piston (annular ring 10), and the rib is formed at an intermediate portion of the piston away from the sliding part.
It would have been obvious to one of ordinary skill in the art to provide a sliding plunger with a well-known rib as a guiding means within its mount as an obvious matter of design choice in the mechanical arts.
Re Claim 8.
Nakasone in view of Horldt discloses the handle device according to claim 1, wherein the piston (Horldt 7) has a connection part (peaned portion 7’ at the bottom of the piston) which is formed on one end side thereof and which is always connected to the handle (door portion 2), and the handle includes a fitting part (narrowed opening at the bottom part 8) which is fitted to the connection part.
It would have been obvious to one of ordinary skill in the art to provide a sliding plunger with a well-known connection/fitting parts as a secure mounting means within its mount as an obvious matter of design choice in the mechanical arts.
Claim(s) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Naksone in view of Horldt as applied to claim 4 above, and further in view of Ellms 3,311,954 (hereinafter Ellms).
Re Claim 5.
As discussed above, Nakasone in view of Horldt discloses the handle device according to claim 4, but fails to teach wherein the piston includes an extension part which is formed in a cylindrical shape and which is open toward the bottom portion, the spring is positioned inside the extension part, and the sliding part is formed on an outer peripheral surface of the extension part, and is positioned on an opening side of the extension part.
Ellms discloses a spring biased piston (151; Fig.5) wherein the piston includes an extension part (cylindrical housing 150) which is formed in a cylindrical shape and which is open toward the bottom portion (Fig.5), the spring (152) is positioned inside the extension part, and the sliding part (151) is formed on an outer peripheral surface of the extension part, and is positioned on an opening side of the extension part.
It would have been obvious to one of ordinary skill in the art to provide a spring biased piston with a well-known cylindrical extension part to mount the spring element as a guiding means as is considered an obvious matter of design choice in the mechanical arts.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Note the cited art disclosing spring biased pistons or plungers.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SUZANNE DINO BARRETT whose telephone number is (571)272-7053. The examiner can normally be reached M-TH 8AM-6:30PM.
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SUZANNE DINO BARRETT
Primary Examiner
Art Unit 3675B
Sdb
/SUZANNE L BARRETT/Primary Examiner, Art Unit 3675
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