DETAILED ACTION
Drawings
Applicant did not address the Drawing Objection presented in the June 11, 2025 Office Action; as such, this Drawing Objection is maintained.
The drawings are objected to because Figs. 16-18 appear to be photographs that are so dark that the details of the claimed features cannot be seen.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Response to Arguments
Applicant did not address the 35 USC 112(b) rejection of Claims 4 and 7 presented in the June 11, 2025 Office Action; as such, this rejection is maintained.
Applicant's arguments, see pages 8-9, filed December 10, 2025 have been fully considered and are persuasive. The 35 USC 102(a)(1) rejections of Claims 1, 4-7, 9, 13, and 16, and the 35 USC 103 rejections of Claims 2 and 3, have been withdrawn.
Applicant has amended the other two original independent claims (i.e., Claims 6 and 13) to include the subject matter of one of their allowable dependent claims (i.e., Claims 8 and 14, respectively). As such, amended Claims 6 and 13 are allowed.
Applicant has further added three new independent claims (i.e., Claims 27, 28, and 29) which are based on the combination of either Claim 6 or 13 and another dependent claim that was also indicated as being allowable (i.e., Claims 11 and 12, as combined with Claim 6; and Claim 15, as combined with Claim 13). New Claims 27, 28, and 29 are allowed.
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 4 and 7 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 4 recites, “The device of claim 1, further comprising a bracket configured to be attached the actuator and another actuator capable of moving the actuator and the at least one lifting component.” It is unclear as to how the “actuator” having a bracket attached (as recited in the first part of the claim), can be moved by “another actuator”, given that brackets are typically used to secure a component in place. Moreover, while the specification describes several brackets, it is unclear as to which embodiment describes the claimed “actuator”, “bracket”, and “another actuator” recited in Claim 4.
Claim 7 recites, “The apparatus of claim 6, wherein the component comprises at least one straight section, at least one curved section and a passageway through the at least one straight section and the at least one curved section.” Claim 6 had previously recited “a component including at least one straight section, a curved section and a passageway”. It is unclear whether the straight section, curved section, and passageway as recited in Claim 7 are the same or different components with regard to the same-named components in Claim 6.
Allowable Subject Matter
Claims 1-3, 5-6, 9, 12-13, and 16-29 are allowed.
Claims 4 and 7 would be allowable if rewritten 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 and to include all of the limitations of the base claim and any intervening claims.
Conclusion
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 LYNN E SCHWENNING whose telephone number is (313)446-4861. The examiner can normally be reached Monday - Friday, 8:30 am - 5 pm EST.
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/LYNN E SCHWENNING/Primary Examiner, Art Unit 3652