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 .
Response to Amendment
The submission entered March 19, 2026 in response to an Office Action mailed November 24, 2025 is acknowledged.
Claims 26-45 are pending. Claim(s) 1-25 is/are cancelled. Claim(s) 26, 31, 32, 39, 40, 43, 45 is/are currently amended.
The objections to the drawings presented in the Office Action listed above are hereby withdrawn.
The drawings were received on February 24, 2026. These drawings are acceptable.
The rejection(s) of claim(s) 32-34, 42-44 under 35 U.S.C. 112 as presented in the Office Action listed above are hereby withdrawn.
Response to Arguments
Applicant’s amendments have overcome the previously presented rejections. However, the amendments have introduced new rejections under 35 USC 112, presented below.
Information Disclosure Statement
The information disclosure statement(s) (IDS) was/were submitted on February 25, 2026. The submission(s) is/are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement(s) is/are being considered by the examiner.
Claim Objections
At claim 45, line 1, please replace “method and lifting” with – method for lifting –.
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 31-34 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.
Regarding Claim(s) 31, the claim lacks antecedent basis for “the actuator” and “the gripper legs”. The claim fails to set forth the relationship of the actuator, plunger and gripper legs with the rest of the claimed structure. As such, the scope of the claim is unclear.
Claims 32-34 are rejected as being dependent upon a rejected base claim.
Allowable Subject Matter
Claims 26-30, 35-45 are allowed.
Claims 31-34 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 an examiner’s statement of reasons for allowance: the prior art fails to anticipate or fairly suggest the lower frame member contacts the container and downward movement of the upper frame member causes the upper frame member to move into engagement with the lower frame member to move the gripper to the gripping configuration, combined with the rest of the claim language.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to WILLIAM RAY HARP whose telephone number is (571)270-5386. The examiner can normally be reached Monday-Friday, 8am-5pm.
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, MICHAEL MCCULLOUGH can be reached at (571) 272-7805. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/WILLIAM R HARP/Primary Examiner, Art Unit 3653
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