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 .
Election/Restrictions
Applicant’s election without traverse of Invention I in the reply filed on 01/07/26 is acknowledged. Claims 18-20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected Invention II, there being no allowable generic or linking claim.
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 1-20 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 “a beam” in line 5. However, it is indefinite and unclear as to how the limitation “a beam” in line 5 relates to the recitation of “a beam” in line 2 of claim 1? I.e., are they the same or different elements? To overcome this rejection, replace the phrase “a beam” in line 5 of claim 1 with “the beam”.
Claim 9 recites “wherein the beam is received in the passageway of the second accessory.” However, the examiner notes that claim 9 has not made it clear that the second vacuum gripper is identical to the first vacuum gripper. I.e., it is not clear that the second vacuum gripper actually has a passageway? This causes a possible antecedent basis issue along with making it confusing as to what other elements may be part of the second accessory. The same rejection applies to claim 14. Additionally, the same rejection applies to recitation of “the body” of the second accessory as recited in claim 15.
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.
Claim(s) 1 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by U.S. Patent Application Publication No. 2016/0167201 (Saraie et al.).
Regarding Claim 1, Saraie et al. teaches: Claim 1 - an accessory (1) capable of/for handling a slab comprising: a body (15) having a passageway (AA) therethrough for receiving a beam, the body (15) further including slots (3 and 4) on either side of the passageway (AA), the slots (3 and 4) configured to/capable of receiving connectors of a vacuum gripper; and a pin (20) movable toward and away from the passageway (AA) for securing the body (15) to a beam received in the passageway (AA), (Figures 1-3 and Annotated Figure 1 Below).
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Claim(s) 1 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by U.S. Patent No. 9,022,334 (DeMayo).
Regarding Claim 1, DeMayo teaches: Claim 1 - an accessory (10) capable of/for handling a slab comprising: a body (11/12) having a passageway (where beam (34) is located) therethrough for receiving a beam (34), the body (11/12) further including slots (25 and 26) on either side of the passageway (where beam (34) is located), the slots (25 and 26) configured to/capable of receiving connectors of a vacuum gripper; and a pin (27) movable toward and away from the passageway (where beam (34) is located) for securing the body (11/12) to a beam (34) received in the passageway (where beam (34) is located), (Figures 1-5);
Claim(s) 21 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by U.S. Patent No. 4,719,738 (Lee).
Regarding Claim 21, Lee teaches: Claim 21 - an accessory (1) capable of/for handling a slab comprising: a body (AA) having a passageway (BB) therethrough for receiving a beam, the body (AA) further including slots (4) on either side of the passageway (BB), the slots (4) configured to receive connectors of a vacuum gripper; a lateral aperture (CC) on each side of the passageway (BB), wherein the lateral apertures (CC) extend in a direction parallel to the passageway (BB); and a vertical aperture (5) on each side of the passageway (BB), wherein the vertical apertures (CC) extend completely through an upper surface and lower surface of the body (AA) in a direction perpendicular to the passageway (BB), (Figures 5-7 and Annotated Figure 5 Below).
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Allowable Subject Matter
Claims 2-17 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.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Josh Rodden whose telephone number is (303) 297-4258. The examiner can normally be reached on M-F, 8-5 MST.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Joshua Michener can be reached on (571) 272-1467. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JOSHUA E RODDEN/ Primary Examiner, Art Unit 3642
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