Notice of Pre-AIA or AIA Status
This is in response to the application filed on April 28, 2026. Claims 1-5 are allowable. Claims 6-14 stand rejected as set forth below. Claims 15-20 are withdrawn. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Election/Restrictions
Restriction to one of the following inventions is required under 35 U.S.C. 121:
I. Claims 1-14 (invention I), drawn to a tier locking system for allowing highest-to-lowest tier retraction.
II. Claims 15-20 (invention II), drawn to a tier locking system for allowing lowest-to-highest tier retraction.
The inventions are independent or distinct, each from the other because:
Inventions I and II are unrelated. Inventions are unrelated if it can be shown that they are not disclosed as capable of use together and they have different designs, modes of operation, and effects (MPEP § 802.01 and § 806.06). In the instant case, the inventions are different in both structure and operation. Inventions I is drawn to a tier locking system for allowing highest-to-lowest tier retraction and Invention II is drawn to a tier locking system for allowing lowest-to-highest tier retraction.
Restriction for examination purposes as indicated is proper because all the inventions listed in this action are independent or distinct for the reasons given above and there would be a serious search and/or examination burden if restriction were not required because one or more of the following reasons apply:
the inventions have acquired a separate status in the art due to their recognized divergent subject matter;
lack unity of invention because the groups do not share the same or corresponding technical features;
Newly submitted claims 15-20 directed to an invention that is independent or distinct from the invention originally claimed for the following reasons: The original invention, claim 1, is drawn to a tier locking system for allowing highest-to-lowest tier retraction. The newly submitted claims 15-20 are drawn to a tier locking system for allowing lowest-to-highest tier retraction. Claims 15-20 are drawn to a second invention that is fundamentally different in structure and operation than the original invention of claim 1.
Since applicant has received an action on the merits for the originally presented invention, this invention has been constructively elected by original presentation for prosecution on the merits. Accordingly, claims 15-20 withdrawn from consideration as being directed to a non-elected invention. See 37 CFR 1.142(b) and MPEP § 821.03.
To preserve a right to petition, the reply to this action must distinctly and specifically point out supposed errors in the restriction requirement. Otherwise, the election shall be treated as a final election without traverse. Traversal must be timely. Failure to timely traverse the requirement will result in the loss of right to petition under 37 CFR 1.144. If claims are subsequently added, applicant must indicate which of the subsequently added claims are readable upon the elected invention.
Should applicant traverse on the ground that the inventions are not patentably distinct, applicant should submit evidence or identify such evidence now of record showing the inventions to be obvious variants or clearly admit on the record that this is the case. In either instance, if the examiner finds one of the inventions unpatentable over the prior art, the evidence or admission may be used in a rejection under 35 U.S.C. 103 or pre-AIA 35 U.S.C. 103(a) of the other invention.
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 6-14 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 6 states that ‘the third support structure is moveable relative to the first support structure and the first support structure’. It is unclear how the third support structure can be moveable relative to the first support structure and the first support structure. Claims 7-14 rejected as being dependent on claim 6.
Allowable Subject Matter
Claim 1 is allowed. Claims 2-5 are allowed as being dependent on claim 1.
Claim 6 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. Claims 7-14 would be allowed as being dependent on claim 6.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Audrey Fisher whose telephone number is (571)272-2849. The examiner can normally be reached Monday to Friday 7:30-4:30.
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, Brian Mattei can be reached at 571-270-3238. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Audrey Fisher/Examiner, Art Unit 3635
/BRIAN D MATTEI/Supervisory Patent Examiner, Art Unit 3635
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