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 7 is objected to because of the following informalities:
Claim 7 still recites the limitation "the shuttle" in line 4, and now also recites “the shuttle” in line 2. There is insufficient antecedent basis for this limitation in the claim. While claim 7 incorporates “the shuttle stopper of claim 1”, there is still no shuttle positively claimed in claim 1, nor is there one claimed in lines 1-3 of claim 7.
It appears claim 7, line 4 should read “a shuttle, wherein the shuttle comprises a pin,….”.
Additionally, claim 7, line 2 should be changed back to “a shuttle”.
Appropriate correction is required.
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.
Claim(s) 1-5 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Garness et al. (US 12,005,564).
Garness et al. disclose:
1. A shuttle stopper (20, figure 8) configured to be attached to a rail (70) to facilitate alignment of a shuttle with the rail (intended use), the shuttle stopper (20) comprising:
an alignment portion (see annotated figure 9 below) defining an alignment surface (42, see below) configured to face inwardly towards a center axis of the rail (longitudinal axis of rail 70, see below), the alignment surface (42) defining a first distance to the center axis (see annotated figure 8 below); and
a safety portion (see annotated figure 9 below) defining a safety surface (38, figure 8) configured to face inwardly towards the center axis of the rail on an opposite side of the center axis from the alignment surface (see below), the safety surface defining a second distance to the center axis (see below),
wherein the second distance is greater than the first distance (see below), and
wherein the shuttle stopper (20), including the alignment portion (see below) and the safety portion (see below), is configured to rigidly attach to the rail (figure 8) and the alignment portion (42) of the shuttle stopper is configured to engage a shuttle when the shuttle is aligned backwards on the rail (intended use/no shuttle positively claimed; configuration capable), the shuttle being configured to move along the rail in a direction of travel along the center axis of the rail when in a correctly installed position on the rail (intended use/no shuttle positively claimed; configuration capable).
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2. The shuttle stopper of claim 1, wherein the shuttle stopper further comprises an attachment portion (22, see above) configured to secure the shuttle stopper to the rail (see above).
3. The shuttle stopper of claim 1, wherein the alignment surface (42) and the safety surface (38) are configured to intersect a height of a pin of the shuttle the height configured to be defined perpendicular to a direction of travel of the shuttle (intended use/no shuttle positively claimed; configuration capable).
4. The shuttle stopper of claim 1, wherein the second distance is configured to be greater than a pin distance of the shuttle (intended use, no shuttle claimed), such that, the pin distance is measured from the center axis of the rail to a top of a pin of the shuttle (intended use/ configuration capable).
5. The shuttle stopper of claim 1, wherein the safety surface (38) is configured to permit a pin of the shuttle to pass inwardly of the safety surface in an instance in which the shuttle is in the correctly installed position on the rail (intended use/no shuttle positively claimed; configuration capable).
Allowable Subject Matter
Claims 8-10 and 12-20 are allowed.
Claim 7 would be allowable if rewritten to overcome the objection above and to include all of the limitations of the base claim and any intervening claims. This indication of allowability for claim 7 is with the interpretation that claim 7 is intended to positively claim a shuttle, as noted above.
Response to Arguments
Applicant's arguments filed April 20, 2026 have been fully considered but they are not persuasive.
Applicant primarily argues that the prior art of Garness does not anticipate the shuttle stopper of amended claim 1. In the latest amendments applicant amended independent claim 1 to include limitations of previous claim 6, as well as an additional intended use limitation. However, the limitations added to claim 1 (those previously in claim 6, plus the additional limitation) are both limitations directed to intended use with a shuttle, which is still not claimed in claim 1. As noted in both the previous rejection, as well as that advanced above, the shuttle stopper disclosed by Garness is capable of and engaging a shuttle positioned on the rail, as claimed in claim 1. Again, the shuttle itself is not claimed in claim 1, and the shuttle stopper/clamp in the prior art is configured to engage (or not, depending on positioning and/or alignment) an object, item, tool, block of material, etc. positioned on or moved along the rail in a direction along the center axis of the rail.
For at least these reasons applicant arguments against the prior art of Garness are not found persuasive in the claims remain rejected as advanced above.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 COLLEEN M CHAVCHAVADZE whose telephone number is (571)272-6289. The examiner can normally be reached M-F 8:00AM-4:00PM.
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COLLEEN M. CHAVCHAVADZE
Primary Examiner
Art Unit 3634
/COLLEEN M CHAVCHAVADZE/ Primary Examiner, Art Unit 3634
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