DETAILED ACTION1
ELECTION/RESTRICTION
Claim 12 is are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to nonelected groups and species, there being no allowable generic or linking claim.
Applicant timely traversed the restriction (election) requirement in the reply filed on July 13, 2026.
The traversal between groups I and II is on the ground(s) that claim 12 contains the same patentable features as claim 7. This argument may be valid, but it is difficult to determine given how indefinite claim 7 is. For now, the restriction requirement between Group I and II is still deemed proper and is therefore made FINAL. Should claim 7 be clarified to overcome the 112 issues and claim 12 also amended to address its issues and mirror the amended language, claim 12 will be rejoined in allowance.
REJECTIONS UNDER 35 USC 112
The following is a quotation of 35 U.S.C. 112:
(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.
Claims 7-11 are rejected under 35 U.S.C. 112 (b) as being indefinite for failing to particularly point out and distinctly claim the subject matter which applicant regards as the invention.
Claim 7 contains a variety of issues rendering it indefinite. First, the following terms lack antecedent basis: the vertex, the retractable bolt, the transition columns, the columns of modules, the guiding elements hydraulics, the mobile pulley holder the pully holder, the masts, the mast, the electrical connection and possibly other terms examiner has missed.
Claim 7 also refers to the lower part and the upper part apparently in reference to upper and lower parts of two different elements (the assembly and the masts).
Claim 7 also recites three vertical masts followed by reference to the mast. It is unclear if this was intended to be plural and refer to all three masts. As best understood the claim feature should be read as reciting that three vertical masts each have an upper portion and a lower portion, with the lower portion each respectively fixed to one of the three bases.
Claim 7 further recites some cables…[that] pass over the top of the mast where some pulleys are located. This feature has several issues. First, it is unclear of the term some should be interpreted as ‘one or more’ or ‘two or more’ or some other construction. Second, it is unclear if the duplicate use of some pulleys is intended to require an equal number of cables and pulleys. Three it is unclear of the singular mast should be plural. If is further unclear of the pulley holder and mobile pulley holder and the plural mobile pulley holders are the same element.
Claim 7 also recites that the vertex includes several elements. But it is unclear how many and what the metes and bounds of each are. It is clear that the vertex includes an interface beam and hydraulic presses. It is unclear if the guiding elements hydraulics is a third element of the vertex or a sub element of the hydraulic presses. It is also unclear of the mobile pulley holders are a fourth element of the vertex or a sub-element of either some other element. If this is a fourth element, a comma is required before the words and the mobile pulley holders. (Oxford commas should also be added to lists in the dependent claims.) Examiner further suggests using semi-colons to separate the primary claim elements and commas to separate the sub-elements of the vertex for improved clarity.
Dependent claims 8-11 are rejected based on their dependence. These claims also contain antecedent basis issues and clarity issues, but are not itemized pending clarification of claim 7.
ALLOWABLE SUBJECT MATTER
Claims 7-11 (as best understood) would be allowable if rewritten 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 and to include all of the limitations of the base claim and any intervening claims.
CONCLUSION
Any inquiry concerning this communication should be directed to Moshe Wilensky whose telephone number is 571-270-3257. Mr. Wilensky’s supervisor, Sunil Singh can be reached at 571-272-3460. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Examiner interviews are available via telephone or video conferencing using a USPTO supplied web-based collaboration tool. Applicant may also use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
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/MOSHE WILENSKY/
Primary Examiner, Art Unit 3726
1 The following conventions are used in this office action. All direct claim quotations are presented in italics. All non-italic reference numerals presented with italicized claim language are from the cited prior art reference. All citations to “specification” are to the applicant’s published specification unless otherwise indicated. The use of the phrase “et al.” following a reference is used solely to refer to subsequent modifying references, and not to other listed inventors of the cited reference.
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