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 1 is objected to because of the following informalities: “the bottom sector” in line 5 should be –a bottom sector--; and “the underneath” in line 5 should be –an underneath--. 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 1, 4, 13 and 15 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.
Regarding claim 1, and 13 the word "preferably" renders the claim indefinite because it is unclear whether the limitation(s) following the word are part of the claimed invention. See MPEP § 2173.05(d). The examiner suggests applicant to delete the word “preferably” in the claims.
Claim 4 recites the limitation "said module gripping mean" in line 2. There is insufficient antecedent basis for this limitation in the claim.
Claim 15 recites the limitation "the size of first transporter device" in line 4. There is insufficient antecedent basis for this limitation in the claim.
Claim Rejections - 35 USC § 103
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.
Claims 1, 3, 6-7 and 12 are rejected under 35 U.S.C. 103 as being unpatentable over Brambilla (U.S. 2020/0094724) in view of Rosenstrom (U.S. 9,701,518).
Brambilla discloses a transporter device (1) for moving and parking modules (loading and unloading goods), each module (2) being devoid of its own traction means, the transporter device being movable and comprising at least one module gripping means (24, 29) configured to be movable between a gripping position wherein said gripping means (24, 29) extends at least partially under the module, in the bottom sector or the underneath of the module, and a release position wherein said gripping means does not extend into the module, said gripping means (24) being configured to support the weight of the module, the device comprising at least one column (31), and at least one upright (10) connected to said column (31), the transporter device (1) being configured to be able to straddle modules, characterized in that the transporter device comprises at least one vertical guide (32) to guide the movements of at least one gripping means (24, 29).the vertical guide (32) is equipped with at least one gripping means (29); wherein, the transporter device is configured to be able to straddle modules or other transporter devices laterally and/or longitudinally and is configured to transport more than one module (loading and unloading goods); a plurality of columns, the or each vertical guide (32) being arranged between the columns (31).
Brambilla discloses every element of the invention as discussed above except that the device comprising at least one computer associated with sensors, for controlling the movement of the transporter device.
Rosenstrom teaches the transporter device comprising at least one computer associated with sensors (see col. 5, lines 30-39), for controlling the movement of the transporter device.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the invention of Brambilla by using teaching of Rosenstrom in order to turn the wheels to an orientation suitable for lifting the loading and unloading goods.
Allowable Subject Matter
Claims 2, 5, 8-11, 14, and 16-18 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.
Claims 4, 13 and 15 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
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TOAN C TO whose telephone number is (571)272-6677. The examiner can normally be reached 8-5, Monday-Friday.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, JASON D SHANSKE can be reached at (571)270-5985. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/TOAN C TO/Primary Examiner, Art Unit 3614 June 13, 2026
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