DETAILED ACTION
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 2-22 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.
The term “access table” lack(s) antecedent basis. The examiner suggests changing this to --access table system--.
With regard to claim(s) 14, “driving rack” lack(s) antecedent basis.
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) 1-3, 5-7, 10 & 19-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Muller (2,705,073).
Muller (2,705,073) disclose(s):
Access table system, figure(s) 1;
Track system 5;
Guide track comprising rails 22;
a plurality of scale member(s) 25;
scale platform, top surface 25, best seen figure(s) 7;
wheel system 19 & comprising guide wheel 32;
link unit 30 & 35;
spine 60 comprising vertical member(s) 63 & horizontal member(s) 61 & 68;
at least one driving mechanism, figure(s) 3;
deck base, 15 & 16;
deck base opening, between 16, figure(s) 4, and it’s opposing member(s) 16, not depicted;
user access space, figure(s) 1, lower & left most projection protruding from 15;
support tracks 18 & vertically projecting flange sets;
driving member(s) 40.
Note Muller (2,705,073) disclose(s) a guide track forming a loop where the parallel region has a spine there between; & scale member(s) connected to each other via the link unit.
With regard to claim(s) 6, note Muller (2,705,073) disclose(s) a gap between rails which is large than the diameter of the guide wheel as the guide wheel is between the rails.
With regard to claim(s) 19-20, Muller (2,705,073) disclose(s) scale member(s) in tessellating mating engagements of their respective sides.
Conclusion
Claims 4, 8-9, 11-18 & 21-22 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.
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 JOSEPH A DILLON JR whose telephone number is (571)272-6913. The examiner can normally be reached on Monday-Thursday; 8AM-6:30PM.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Mike McCullough can be reached on (571)272-7805. The fax phone numbers for the organization where this application or proceeding is assigned are (703)305-7687 for regular communications and (703)308-0552 for After Final communications.
Any inquiry of a general nature or relating to the status of this application or proceeding should be directed to the receptionist whose telephone number is (703)308-1134.
/JOSEPH A DILLON JR/Primary Examiner, Art Unit 3653