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.
Claims 1-10, 12, & 14-16 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.
Claim 1 recites “it” in line 9, which renders the claim indefinite because a determination as to what “it” refers cannot be made. The term “it” should be replaced by the intended claimed structure.
Claims 2-10 are rejected due to their dependence from Claim 1.
Claims 12 & 14-16 each recite the limitation "The method" in line 1. There is insufficient antecedent basis for this limitation in the claim. Apparently, Claims 12 & 14-16 should depend from --claim 11-- instead of “claim 10”.
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.
(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.
Claims 1 & 8-10 are rejected under 35 U.S.C. 102(a)(1)&(a)(2) as being anticipated by Baraniak (5111733).
Baraniak discloses a telescopic cylinder (e.g. 1), comprising: a first cylinder, comprising a first piston (e.g. 8) slidable in a sealed fashion in a jacket (e.g. 7) which comprises an extension chamber (e.g. 13) and a re-entry chamber (e.g. 14), separated from each other by a head of the first piston; a second cylinder, comprising a second piston (e.g. 3) slidable in a sealed fashion in a jacket (e.g. 2) which comprises an extension chamber (e.g. 11) and a re-entry chamber (e.g. 12), separated from each other by a head of the second piston; wherein the jacket of the first piston is integral with the second piston (e.g. as shown in Figs. 1-2); wherein it comprises a compensating device, provided with a control module (e.g. 107, 110, 114, Col. 8, Ln. 25-68) configured for adjusting a compensating flow rate of operating fluid to be fed to the extension chamber or discharged from the extension chamber of the second cylinder as a function of a variation of volume per unit time of the extension chamber of the first cylinder (e.g. Col. 8, Ln. 9-24). The telescopic cylinder comprising a conduit (e.g. 15, Figs. 1-2) for connection to the extension chamber of the second cylinder which is made at least partly through said first piston and said second piston; wherein the connecting conduit comprises a tubular element (e.g. 15), integral with the second piston and protruding concentrically with the longitudinal axis in a seat of the first piston (e.g. 16); and the control module is configured for adjusting said compensating flow rate in such a way as to keep constant the pressure inside the extension chamber of the second cylinder (e.g. Col. 8, Ln. 9-24).
Allowable Subject Matter
Claims 2-7 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Claims 11 & 13 are allowed.
Claims 12 & 14-16 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Additional references listed on form PTO-892 are cited for their relevance to the disclosed invention and demonstration of the state of the art.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHAEL LESLIE whose telephone number is (571)272-4819. The examiner can normally be reached M - F 8 am - 4-30pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Nathaniel Wiehe can be reached at (571)272-8648. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MICHAEL LESLIE/
Primary Examiner, Art Unit 3745
June 12, 2026
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