The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
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 1, 2, 4-9, 11-15 and 18-20 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 1, lines 3-4, the recitations “the assembly” and “the hook lift system” lack antecedent basis (note that “a hook lift system” and “an assembly” are later recited in lines 11-12); and
lines 19-20 and 22-23, the recitations “the first location” and “the second location” lack antecedent basis (note that “a first position” and “a second position” have previously been recited in lines 4 and 6).
Claim 4, lines 8-10, it is not understood what is meant by “the step of translating the … dumpster … further includes translating the … dumpster”, as this fails to add any further limitation.
Claim 13, line 3, the recitations “the assembly” and “the hook lift system” lack antecedent basis (note that “a hook lift system” and “an assembly” are later recited in lines 19-20).
Claims 14 and 15, the recitations “the … bracket of the frame” (emphasis added) lack clear antecedent basis (i.e., although a bracket has previously been recited, it is not necessarily a component of the frame).
Claim 20, lines 20-21 and 23-24, the recitations “the first location” and “the second location” lack antecedent basis (note that “a first position” and “a second position” have previously been recited in lines 9 and 11).
Claims 1, 2, 4-9, 11-15 and 18-20 would be allowable if rewritten to overcome the rejections under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
THIS ACTION IS MADE FINAL. 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 James Keenan whose telephone number is (571)272-6925. The examiner can normally be reached Mon. - Thurs.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Ernesto Suarez can be reached at 571-270-5565. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/James Keenan/
Primary Examiner
Art Unit 3652
3/10/26