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 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 1-2, 7-9, 13-14, 19-23 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 1, page 2, lines 3-6 recites that the lever is “configured to apply a force…and lift the roller assembly off the surface.” However, the specification discloses that a person applies the force and lifts the roller assembly. The lever allows for the operator to apply a force and lift the roller, and the roller itself is not configured to apply a force or lift the roller assembly from the ground surface. The wording of the claim implies that the lever moves the roller off of the ground surface, which is not supported by the specification, and is considered indefinite. An amendment with appropriate clarification regarding the force applied to the roller assembly would overcome this rejection.
Claims 9 and 13 are rejected for the same reasons used to reject claim 1. Claims 2, 7-8, 21, 22, 14, 19, 20, 23 are rejected as they depend upon claims 1, 9 and 13.
Allowable Subject Matter
Claims 1-2, 7-9, 13-14, 19-23 would be allowable if rewritten or amended 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.
Response to Arguments
Applicant’s arguments, filed 4/13/26, with respect to the rejection(s) of claim(s) 1, 9, and 13, under 35 U.S.C. 102 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of the newly added amendments to the claims under 35 U.S.C. 112(b), see 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.
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/M.I.R./ Examiner, Art Unit 3671
/TARA SCHIMPF/ Supervisory Patent Examiner, Art Unit 3676
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