DETAILED ACTION
The following Final Office Action is in response to the amendment filed 4/9/2026.
Status of the claims: Claims 9-23 and 25-29 are hereby examined below.
Claim Objections
Claim 9 is objected to because of the following informalities: Claim 1, line 2 recites “a guide rail a guide rail extending”. Examiner presumes this should read – a guide rail extending –.
Claim 9 is objected to because of the following informalities: Claim 1, line 16 recites “with respect to the plane”. Examiner presumes this should read – with respect to a plane –.
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 9-23 and 25-29 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 9 recites “the guide rail defines a channel in the vertical portion”, “a channel in the horizontal portion” and “each wheel being located within the channel”. It is unclear if there is a single channel or multiple channels and which channel the wheels are located within based on the language of this claim. Examiner believes that there is a distinct vertical channel and a distinct horizontal channel based on the specification and drawings.
Dependent claims are rejected as depending from a rejected claim.
Claims are being examined as best understood.
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they do not include reference sign(s) for the following features: the channel in the vertical portion and the channel in the horizontal portion. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
The disclosure is objected to because of the following informalities: the disclosure fails to describe or provide reference numbers for the channels in the vertical and horizontal portions of the guide rail.
Appropriate correction is required.
Response to Arguments
Examiner agrees with applicant’s argument that Lee fails to disclose a channel in the vertical portion that is orientated substantially vertically and a channel in the horizontal portion which is orientated substantially horizontally along a length of the rail. Lee only discloses a horizontally orientated channel and none of the prior art teaches a rail extending along a length having both the horizontal and vertical channels in combination with a carriage having magnetic wheels and electromagnets in the rails as required.
Allowable Subject Matter
Examiner believes that claims 9-23 and 25-29 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
THIS ACTION IS MADE FINAL. 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 JEREMY C RAMSEY whose telephone number is (571)270-3133. The examiner can normally be reached Mon-Wed 7:00-3:30.
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, Daniel Cahn can be reached at 571-270-5616. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/JEREMY C RAMSEY/Examiner, Art Unit 3634
/ABE MASSAD/Primary Examiner, Art Unit 3634
Prosecution Insights