DETAILED ACTION
This application is being examined under the first inventor to file provisions of the AIA .
Drawings
The drawings are acceptable.
Claim Interpretation
Regarding Claim 18, the limitation “displaceable” is understood to be analogous to “pivotable,” which is consistent with Applicant’s disclosure at Page 4, Line 30 to Page 5, Line 4.
Claim Rejections - 35 U.S.C. § 112
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claim 15 is rejected under 35 U.S.C. 112(d) as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends. Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
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.
Claims 8-9 are rejected under 35 U.S.C. 112(a) as failing to comply with the written description requirement. Claim 8 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, at the time the application was filed, had possession of the claimed invention. Specifically, the incorporation into Claim 1 of the limitation “wherein the carriage assembly is pivotable relative to the spindle nut” (Line 15) precludes, based on Applicant’s disclosure, an embodiment in which “the actuating element is connected to the carriage assembly in such a way that a relative movement between the actuating element and the carriage assembly is possible,” as recited in Claim 8.
Response to Arguments
Applicant's 12/23/2025 arguments relating to Claims 1 and 18 are persuasive.
Allowable Subject Matter
Claims 1, 3-7, 10, 13-14, and 17-18 are allowed.
The following is a statement of reasons for the indication of allowable subject matter:
Regarding Claims 1 and 18, Applicant’s 12/23/2025 amendments distinguish from the closest prior art, which is the previously-cited art.
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 extension fee 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 date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RANDELL J KRUG whose telephone number is (313) 446-6577. The examiner can normally be reached Mon-Fri: 9:00-14:00 AZ time.
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/RANDELL J KRUG/Primary Examiner, Art Unit 3618