DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Status
Claims 1-6 are currently being examined.
Specification
The Specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant’s cooperation is requested in correcting any errors of which applicant may become aware in the specification. MPEP § 608.01
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.
Claims 1-6 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 the inventor or a joint inventor, or for pre-AIA the applicant regards as the invention.
Independent Claim 1 contains limitations with the phrase “holders are storable” that implies the holders may or may not be stored. As a result, the claim fails to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor regards as the invention.
Independent Claim 1 contains a limitation with the phrase “holders capable of holding” that implies the holders may or may not be actually holding articles. As a result, the claim fails to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor regards as the invention.
Independent Claim 1 contains a limitation with the phrase “a lower degree of automation” that is a subjective limitation. The specification does not provide any standard for determining the scope of “a lower degree of automation”. Some objective standard must be provided in order to allow one of ordinary skill in the art to determine the scope of the claim. A claim that requires the exercise of subjective judgments without restriction renders the claim indefinite. In re Musgrave, 431 F.2d 882, 893 (CCPA 1970).
Dependent Claim 2 contains a limitation with the phrase “storeroom is capable of storing” that implies the storeroom may or may not be actually storing holders. As a result, the claim fails to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor regards as the invention.
Dependent Claim 3 contains a limitation with the phrase “each of the plurality of article holders is capable of holding” that implies the holders may or may not be actually holding articles. As a result, the claim fails to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor regards as the invention.
Claims 4-6 are rejected as being dependent upon a rejected base claim.
Conclusion
The prior art made of record and not relied upon is considered pertinent to Applicant's disclosure because the prior art references contain subject matter that relates to one or more of Applicant’s claim limitations. Any hypothetical prior art rejection based on these prior art references would require impermissible hindsight reasoning.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to THOMAS RANDAZZO whose telephone number is (313)446-4903. The examiner can normally be reached between 9:00am and 4:00pm ET Monday through Thursday and 9:00am and 11:00am ET on Friday.
If attempts to reach the examiner by telephone are unsuccessful, the examiner's supervisor, Jacob Scott, can be reached on 571-270-3415. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/THOMAS RANDAZZO/Primary Examiner, Art Unit 3655 June 25, 2026
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