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 .
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because:
Reference characters "315" and "325" have both been used to designate the ejection port.
Reference characters "315" and "330" have both been used to designate the ejection port.
In other words, the plurality of ports are represented by “315” and “325, 330”. There does not need to be a first number to represent both ports and then additional numbers to represent each port individually. Every occurrence of “315” in the Figures should be deleted and each occurrence of the phrase “ports 315” should be replaced with “ports 325, 330” in the specification.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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 1-9 and 20 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 pre-AIA the applicant regards as the invention.
With regards to claims 1 and 20, the phrase “pole extending between and engaging the electric motor and the work element” is unclear. As written, the pole engages the motor which does not appear to be case as the pole appears to engage the housing only. The phrase should be replaced with “pole extending between and engaging the housing and the work element”. Another option is “pole engaging the housing and the work element so that the pole extends between the electric motor and the sprocket”.
Allowable Subject Matter
Claims 1-9 and 20 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.
The following is a statement of reasons for the indication of allowable subject matter: DE19753360, Banholzer (11,518,018), DE3523146, and LaBlue (5,321,890) are considered close prior art as the combination of these references was applied in an art rejection in the previous Office action. Applicant has provided detailed and reasonable arguments comparing the instant application claims with DE19753360, DE3523146, and LaBlue portions of the rejection. The Examiner agrees and adopts these arguments as the reasons for allowance.
Response to Arguments
Applicant's arguments filed 8-11-26 have been fully considered but they are not persuasive. The plurality of ports are represented by “315” and “325, 330” as 315, 325, and 330 are all the same ports. There does not need to be a first number to represent both ports and then additional numbers to represent each port individually. Every occurrence of “315” in the Figures needs to be deleted and each occurrence of the phrase “ports 315” needs to be replaced with “ports 325, 330” in the specification.
Claims 10-19 need to be cancelled.
Conclusion
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 JASON DANIEL PRONE whose telephone number is (571)272-4513. The examiner can normally be reached on Monday-Friday: 7:00 am-3:00 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, Boyer D Ashley can be reached on (571)272-4502. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
06 October 2026
/Jason Daniel Prone/
Primary Examiner, Art Unit 3724
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