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 .
Response to Amendments
This is a final office action in response to applicant's arguments and remarks filed on
08/17/2026.
Status of Rejections
All previous rejections are obviated by the Applicant’s cancellations.
New grounds of rejection are necessitated by the Applicant’s amendments.
Claims 21-29 are pending and under consideration for this Office Action.
Claim Rejections - 35 USC § 112(a)
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 21-29 rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claim 21: The limitation claiming “at least one rebate defined therein creating a
second thickness of the one or more intermediate lateral cross members that is less than the thickness of the rigid support frame” is considered new matter. The original disclosure does not contain any reference to a “rebate” with respect to the frame.
Claim 28: The limitation claiming “at least one rebate includes a first rebate disposed closer to the first side arm than the second side arm and a second rebate disposed
closer to the second side arm than the first side arm” is considered new matter. The original disclosure does not contain any reference to a “rebate” with respect to the frame.
Any claims dependent on the above claim(s) are rejected for their dependence.
Claim Rejections - 35 USC § 112(b)
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 21-29 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 21: The limitation claiming “at least one rebate defined therein creating a
second thickness of the one or more intermediate lateral cross members that is less than the thickness of the rigid support frame” is considered unclear. The term “rebate” is not a recognized term of the art and therefore, the common definition is used for the broadest reasonable interpretation. According to Merriam-Webster, a “rebate” is “a return of a part of a payment”, which does not make sense in the context of the claim. Therefore, the claim is unclear. Furthermore, the lack of clarity makes a prior art rejection not possible because the structure of the claim cannot be determined.
Claim 28: The limitation claiming “at least one rebate includes a first rebate disposed closer to the first side arm than the second side arm and a second rebate disposed
closer to the second side arm than the first side arm” is considered unclear. The term “rebate” is not a recognized term of the art and therefore, the common definition is used for the broadest reasonable interpretation. According to Merriam-Webster, a “rebate” is “a return of a part of a payment”, which does not make sense in the context of the claim. Therefore, the claim is unclear. Furthermore, the lack of clarity makes a prior art rejection not possible because the structure of the claim cannot be determined.
Any claims dependent on the above claim(s) are rejected for their dependence.
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 ALEXANDER W KEELING whose telephone number is (571)272-9961. The examiner can normally be reached 7:30 AM - 4:00 PM. 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, Luan Van can be reached at 571-272-8521. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ALEXANDER W KEELING/Primary Examiner, Art Unit 1795
