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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 7/30/06 has been entered. Claims 1-3, 11-13, 16-18 are now pending in that claims 16-18 directed to invention other than the originally elected remain withdrawn for reason provided from record (see OA dated 5/4/26), respectively.
An OA on the merits of claims 1-3, 11-13 as following:
Claim Objections
Claims 1-3, 11-13 are objected to because of the following informalities:
Since the scope of the claims directed to “a track section” 102 as representing in Fig. 2c. in formulate the rejection on the merits the Examiner presumes that the invention of claim 1-3, 11-13 is solely directed to “the track section 102 “and claims will be rejected accordingly.
Note that the subject matter such as “the moving element” occurrence in many places in the body of claim 1(e.g., see about lines 5-6, 8-10, respectively) has very little effect the claim “track section”102 of Fig. 2c because it directed to a separate entity (machine part 104) is also not a part of the claimed track section 102 as shown in Fig. 2c.
Alternative terms such as: "V" or "U" shaped (claim 1, line 4) is improper formats, should be: -- V shaped or U shaped --, to reflect the disclosure cited in ¶¶ [0072, 0078], filed on 12/08/23.
Appropriate correction is required.
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 1-3, 11-13 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.
Since the scope of the claims directed to the track section namely 102 ant its structure elements (see Fig. 2c) and claim appears to be directed to other outside elements such as “wherein the first set of bearings have an edge profile that corresponds to the "V" or "U" shaped profile of the first guide rail; wherein the second set of bearings have a flat edge profile that corresponds to the flat profile of the second guide rail, and wherein the second guide rail constrains rotation of the moving element about a longitudinal axis of the curvilinear track section (see newly added features of claim 1) do not further limit the track section which made scope of the claim unclear. It is suggested that claim should be directed to “the track section” 102 as shown in Fig. 2c, rather than the combination as of from Figs. 3-4.
The amendment to the claims does not appear to overcome the 112 issues. Thus, the previous 112 retained for same reason of record (see OA dated 5/4/26, under heading 112).
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 1-3 as best understood is/are rejected under 35 U.S.C. 102a1 as being anticipated by van de Loecht (20130026011). This rejection is set forth from previous Action dated 5/4/26 under section of 35 U.S.C. 102a1.
Note that the amendment to the claim includes where the guide rail having U shaped is still met by the applied prior art (see Fig. 5, reference 11 having U shaped, which readable on the claimed first guide rail).
Regarding “a second guide rail having a flat profile, the second guide rail being configured to interact with a second set of bearings of the moving element” (see reference 12 of Fig. 5).
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Claim(s) 11-13 as best understood is/are rejected under 35 U.S.C. 103 as being unpatentable over van de Loecht in view of Lopatinsky et al (20080011184). This Rejection is set forth from previous Action dated 5/4/26.
Response to Arguments
Applicant's arguments with respect to rejected pending claim(s) 1-3, 11-13 have been considered but are moot because the new ground rejection.
The amendment does not overcome the 112 as well as claim objection to (see new formulated 112 rejections, and claim objection to above).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. That the newly cited US patent No. 6876896 for the teaching of U-shaped guide rail 60/62, respectively.
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/MINH N TRINH/ Primary Examiner, Art Unit 3729 mt
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