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 .
FINAL ACTION
Response to Amendment
The amendment filed on 6/26/2026 has been received and claims 21-32 are pending.
Claim Objections
Claim 32 are objected to because of the following informalities: in line 2 of Claim 32, insert --the-- before “storage containers”. Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 21-32 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. Specifically, in Claim 21 there is no written description support for the limitation that vertical elements are alignable with “supporting members of the framework structure” within the Specification (see Specification, p. 11 lines 21-23 which indicates the “vertical elements of the frame are aligned with and is supporting members 102 of the framework structure 100”).
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 21-32 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.
In Claim 21, it is not clear whether the vertical elements of the frame supports the “members of the framework structure” or that members are “supporting members” even when the frame is indicated to be located below the members/framework structure (last 4 lines of the claim).
In Claim 29, it is not clear how “the frame is provided within the framework structure” as set forth in line 10 when the disinfection station as set forth in claim 21, specifically in lines 9-11, indicates that the “frame is … integrated with [the] framework structure … [where] vertical elements of the frame are alignable with …members of the framework structure”.
Claim 29 recites the limitation "the storage container" in line 13. There is insufficient antecedent basis for this limitation in the claim. Specifically, it is not clear which one of “storage containers” in lines 4-5 the limitation is attempting to point to.
In Claim 30, it is not clear whether/how “the storage containers from the columns [are raised] and lower the storage containers into the columns” in lines 2-3 as the parent claim 29 set forth that only “some of the columns” may contain the storage containers in stacks (in lines 4-5 of claim 29). It is not clear whether it is all the columns or some of the columns that the storage containers are raised from and/or lowered into.
In Claim 32, it is not clear whether “storage containers” in line 2 are at least some or all of the “storage containers” as set forth in the parent claim 29.
Claims 22-28 and 31 are rejected due to their dependence on a rejected claim.
Response to Arguments
Applicant’s arguments with respect to claim(s) 21-32 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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 REGINA M YOO whose telephone number is (571)272-6690. The examiner can normally be reached Monday - Friday, 9:00 am - 5:00 pm EST.
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/REGINA M YOO/ Primary Examiner, Art Unit 1758
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