The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
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 20, 22 and 25-42 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 20, line 9, the recitation “said support can obstruct … the goods holder” lacks clear and proper antecedent basis, as a plurality of (goods holder) supports and goods holders have previously been recited. The examiner suggests the following language: --each goods holder support can obstruct … a goods holder of the plurality of goods holders--.
Per the above, in each of dependent claims 29 and 31-36, the recitations “the goods holder support” should be --each goods holder support--.
It is also noted that the various references to both “the support” and “the goods holder support” should be consistent throughout the claims (e.g., claims 20, 32-34).
Claim 30, line 2, the recitation “the horizontal axis” lacks antecedent basis (in claim 20). The claim appears to have been intended to depend from claim 29.
Claim 34, the recitation “the goods holder” lacks clear antecedent basis and should apparently be --the vertically moving goods holder--.
Claim 37, line 2, --wherein-- should be inserted before “said” and “as” should be --of-- for proper clarity and grammar.
Claim 38, the recitations “said module” and “the storage … module” should be consistent, as otherwise it is unclear if some distinction therebetween exists.
Claims 20, 22 and 25-42 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.
THIS ACTION IS MADE FINAL. 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 James Keenan whose telephone number is (571)272-6925. The examiner can normally be reached Mon. - Thurs.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Ernesto Suarez can be reached at 571-270-5565. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/James Keenan/
Primary Examiner
Art Unit 3652
4/07/26
Prosecution Insights