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 .
Election/Restrictions
Applicant’s election without traverse of Species D (claim 6) in the reply filed on 2/6/2026 is acknowledged.
Claims 3-5, 7 and 8 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected species, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 2/6/2026.
Information Disclosure Statement
The information disclosure statement filed 8/21/2024 fails to comply with 37 CFR 1.98(a)(2), which requires a legible copy of each cited foreign patent document; each non-patent literature publication or that portion which caused it to be listed; and all other information or that portion which caused it to be listed. It has been placed in the application file, but the information referred to therein has not been considered. The examiner notes the “Office Action issued in corresponding German Patent Application” has not been included.
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 1, 2, 6, and 9 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 recites “in certain areas” rendering the claim indefinite. It is unclear as to what would constitute “certain areas”. The recitation appears idiomatic in nature. Appropriate correction is required.
Regarding claims 2, 6, and 9, the phrase "in particular" appearing in each claim renders the claim(s) indefinite because the claim(s) include(s) elements not actually disclosed (those encompassed by "in particular"), thereby rendering the scope of the claim(s) unascertainable. See MPEP § 2173.05(d).
Claim 6 recites “the first centering element and/or the second centering element” rendering the claim indefinite. It is unclear whether not the claim requires the limitations of both elements.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1, 2, 6, and 10 are rejected under 35 U.S.C. 102(a)(1) as being anticipated Vogt et al. DE 19863628329.
Vogt discloses:
Claim 1- a toothed belt pulley (49) and a deflection roller (48) and with a toothed belt (50), which wraps around the toothed belt pulley and the deflection roller in certain areas and is connected to the carriage (23), wherein the toothed belt pulley is rotatably received in a first bearing housing (13), which is fixed to a first axial end face of the profiled body (12) by at least one fastening means (unnumbered), wherein the carriage has a first carriage centering interface (40) and the first bearing housing has a first bearing housing centering interface (38) opposite the first carriage centering interface along the axis of movement, which are designed for a translational alignment of the first bearing housing relative to the carriage in a first spatial direction transverse to the axis of movement and for a rotational alignment of the first bearing housing relative to the carriage about the axis of movement (the device is capable of these functions).
Claim 2- wherein the first carriage centering interface has a first centering element (40), and the first bearing housing centering interface has a second centering element (38), wherein at least a central axis of the first centering element and a central axis of the second centering element are aligned parallel to the axis of movement (see figure 5), in particular parallel to the axis of movement and coaxially to one another (38 and 40 are coaxial).
Claim 6- wherein the first centering element (40) and/or the second centering element are designed as a recess extending along the axis of movement, wherein at least the central axis of the first centering element and the central axis of the second centering element are aligned parallel to the axis of movement, in particular parallel to the axis of movement and coaxial to one another (38 and 40 are coaxial).
Claim 10- displacing a carriage (23) mounted on a profiled body (12) extending in a direction of movement along the direction of movement into a first mounting position, - positioning the first bearing housing (13), which can be fixed with at least one fastening means to an axial first end face of the profiled body, in a fastening position, - connecting a first carriage centering interface of the carriage to a first bearing housing centering interface of the first bearing housing for translational alignment of the first bearing housing relative to the carriage in a first spatial direction transverse to the axis of movement and for rotational alignment of the first bearing housing relative to the carriage about the axis of movement (see figures 1, 2, 5 and 6), wherein a central axis of a first centering element of the first carriage centering interface and a central axis of a second centering element of the first bearing housing centering interface are aligned parallel to the axis of movement (see figure 5).
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Vogt et al. DE 19863628329.
Vogt discloses:
Claim 9- wherein a second bearing housing (14) is fixed to a second axial end face of the profiled body (12) opposite the first axial end face with at least one fastening means (unnumbered), in which the deflection roller (48) is rotatably mounted.
Vogt discloses the claimed invention except for an identical second carriage centering interface located at a distance from the first carriage centering interface along the axis of movement and that the second bearing housing has a second bearing housing centering interface opposite the second carriage centering interface along the axis of movement. It would have been obvious to one having ordinary skill in the art at the time the invention was made to utilize an identical second carriage centering interface located at a distance from the first carriage centering interface along the axis of movement and that the second bearing housing has a second bearing housing centering interface opposite the second carriage centering interface along the axis of movement, since it has been held that mere duplication of the essential working parts of a device involves only routine skill in the art. St. Regis Paper Co. v. Bemis Co., 193 USPQ 8.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US 2,462,060 US 2018/0045284, and US 2016/0319919 discloses structurally similar devices.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TERENCE BOES whose telephone number is (571)272-4898. The examiner can normally be reached Monday-Friday 10-6:30.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Minnah Seoh can be reached at (571) 270-7778. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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TERENCE BOES
Primary Examiner
Art Unit 3618
/TERENCE BOES/Primary Examiner, Art Unit 3618