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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 5/19/2026 has been entered.
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 16-32 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.
Claim 16 recites “the at least one locking face is between the cable profile and at least one rolling face” in lines 8-9. The claim is drawn to “a rail…for receiving and guiding a cable profile.” The claim is NOT drawn to a rail in combination with a cable profile. By positively locating the locking face “between the cable and at least one rolling face” it appears Applicant is positively claiming the cable profile. Applicant might consider reciting - - wherein the at least one locking face is between the receiving profile and at least one rolling face - -. Clarification is required.
Claim 16 further recites “the cable profile has a complimentary shape to the locking face” however the cable profile is not a requirement of the rail. Applicant might consider reciting - - the locking face is configured to have a complimentary shape to the cable profile - - to avoid positively claiming the cable profile itself.
Claims 23 and 31-32 each recite “the locking face.” It is not clear if Applicant is referring to “the at least one locking face” or “the lower locking face.” Clarification is required.
Claims 17-22 and 24-30 are rejected as being dependent upon a rejected base claim.
Allowable Subject Matter
Claims 16-32 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 of record fails to disclose either singly or in obvious combination a rail for a rail pair comprising: at least two sidewalls and a web which connects the sidewalls, wherein at least one of the side walls has a receiving provide and at least one locking face, wherein the receiving profile is in the form of a guiding channel or groove between the locking face and the side wall, wherein the web comprises upwardly projecting lower projection wherein a lower locking face is formed by one of the upwardly projecting lower projects, and wherein the at least one locking face is configured to be positioned between the cable profile received in the receiving profile and at least one rolling face.
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
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SARAH B. MCPARTLIN whose telephone number is (571)272-6854. The examiner can normally be reached M-F 8 am - 5 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, Eileen Lillis can be reached at 571-272-6928. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/SARAH B MCPARTLIN/Primary Examiner, Art Unit 3993
Prosecution Insights