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 Arguments
Applicant's arguments filed 2/5/2026 have been fully considered but they are not persuasive.
Regarding applicant’s arguments that Richter does not teach “a pair of elongated slots extending through the back wall to define a corresponding pair of openings in the back wall…” – Examiner disagrees as shown in the below annotated figure. Accordingly, a rejection of claims 36-38 is set forth below.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 36-38 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Richter et al. (US 7168579). Richter et al. disclose a pusher assembly including a floor including a front end and a back wall defining a back end of the floor opposite the front end, a track extending between the front end of the floor and the back end of the floor, the track including a pair of elongated slots extending through the back wall to define a corresponding pair of openings in the back wall, and a pusher (51) movable along the track between an initial position and an extended position, the pusher including a body portion, a pair of pusher guide rails (figure 15) extending from a bottom side of the body portion, and a paddle portion extending from an upper side of the body portion, wherein each pusher guide rail of the pair of pusher guide rails is received by and slidable along a respective elongated slot of the pair of elongated slots, wherein the pusher is moved away from the front end of the floor and towards the back end of the floor when the pusher is moved from the initial position toward the extended position, wherein a portion of the pusher extends beyond the back end of the floor in the extended position, and wherein the pair of pusher guide rails extends through the pair of openings in the back wall when the pusher is in the extended position (figure 3).
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With regards to claim 37, the track is a first track, wherein the pusher assembly further comprises a second track (“another adjacent base” - col. 3, lines 55-62) and a divider wall (e.g. 48) extending upwardly from the floor between the first track and second track.
In regards to claim 38, the pusher includes an upper pusher retaining rail and a lower pusher retaining rail extending outwardly from each pusher guide rail of the pair of pusher guide rails (figures 14-15).
Regarding claim 39, the back wall includes a pair of stop surfaces, each stop surface located adjacent a respective opening of the pair of openings, and wherein the lower pusher retaining rail extending from each pusher guide rail includes an end surface engageable with a corresponding one of the pair of stop surfaces when the pusher in in the extended position (figure 8).
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 JONATHAN LIU whose telephone number is (571)272-8227. The examiner can normally be reached Monday-Thurs, 6-6.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Namrata Boveja can be reached at 571-272-8105. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JONATHAN LIU/Supervisory Patent Examiner, Art Unit 3631