DETAILED ACTION
Notice of Pre-AIA or AIA Status
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
Claims 3 – 16 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected Invention Group (Invention Groups II – IX), there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on July 9, 2026.
Applicant's election with traverse of Invention Group I (claim 2) in the reply filed on July 9, 2026 is acknowledged. The traversal is on the ground(s) that McAlpine (U.S. Patent Number 6,749,077) does not teach a ‘structural module frame,’ as recited by claim 1. Therefore, Applicant argues, ‘unity of invention’ exists between Invention Groups I - XI. This is not found persuasive because McAlpine expressly teaches a modular frame that laterally encloses an interior of the workpiece carrier frame (figure 1, elements 12 and 13 being the ‘modular frame’ and element 10 being the ‘workpiece carrier frame’; column 3, lines 53 – 60). It is the position of the Examiner that the ‘side wall panels’ (elements 13) and ‘end wall panels’ (elements 12) of McAlpine may be reasonably interpreted as the ‘module frame’ of the claim because McAlpine teaches that these ‘panels’ are assembled together to ‘enclose the interior of the workpiece carrier frame’ (figure 1, elements 12 and 13; column 3, lines 53 – 60), as required by claim 1. Alternatively, Examiner notes that Gerding (U.S. Patent Number 1,573,112) also anticipates the limitations of claim 1, as explained below.
The requirement is still deemed proper and is therefore made FINAL.
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 and 2 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 the limitation “each” in the first paragraph of the body of the claim. It is generally unclear as to what element Applicant intends “each” to refer to. For the purposes of this Office Action, Examiner will interpret the limitation as “each of the plurality of frame corner modules.”
Claim 1 recites the limitation “each frame corner module” in the last paragraph of the claim. It is unclear as to whether Applicant intends the limitation to refer to each of the ‘plurality of frame corner modules’ previously set forth in the claim, or whether Applicant intends the limitation to refer to ‘frame corner modules’ other than those previously set forth. For the purposes of this Office Action, Examiner will interpret the limitation as “each of the plurality of frame corner modules.”
Claim 1 further recites the limitations “the inner side” and “the outer side” in the last paragraph of the claim. There is insufficient antecedent basis of the limitations in the claim.
Claim Rejections - 35 USC § 102
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.
Claim(s) 1 and 2 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Gerding (U.S. Patent Number 1,573,112, cited in IDS).
As to claim 1, Gerding teaches a workpiece carrier frame (figure 1; page 1, lines 10 – 23) having a plurality of frame corner modules (figure 1, elements 9 and 17 being the ‘plurality of frame corner modules’; page 1, lines 65 – 95), each of the plurality of frame corner modules comprising an inner element and an outer element (figures 1 – 4, element 17 being the ‘inner element’ and element 9 being the ‘outer element’; page 1, lines 65 – 95), a plurality of module frames that laterally encloses an interior of the workpiece carrier frame (figure 1, elements 4, 8, 2, and 6 being the ‘module frames’; page 1, lines 45 – 57), wherein the frame corner modules are arranged in corner regions of the workpiece carrier frame, so that the inner element and the outer element of each of the plurality of frame corner modules are arranged on an inner side and an outer side, respectively, of the plurality of module frames (figures 1 – 4, elements 17, 9, 4, 8, 2, and 6; page 1, line 65 – page 2, line 26), and the inner element and the outer element of the frame corner module are releasably connected to one another (figure 4, elements 17, 9, and 16; page 1, lines 74 – 91), and the plurality of module frames run between the inner elements and the outer elements (figure 1, elements 4, 8, 2, 6, 17, and 9; page 1, lines 65 – 95).
As to claim 2, Gerding teaches that the plurality of module frames comprises a first module frame and a second module frame that are arranged one on top of the other (figure 1, elements 4 and 8 being the ‘first module frame’ and elements 2 and 6 being the ‘second module frame’; page 1, lines 45 – 57), and the inner elements and the outer elements each have an upper and a lower region (figures 1 – 3, upper portion of elements 17 and 9 being the ‘upper region’ and a lower portion of elements 17 and 9 being the ‘lower region’), and wherein the first module frame runs between the upper regions of the inner elements and the outer elements (figure 1, elements 4, 8, and upper portions of element 17 and 9), and the second module frame runs between the lower regions of the inner elements and the outer elements (figure 1, elements 2, 6, and lower portions of elements 17 and 9).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Meeks (U.S. Patent Number 11,286,106) teaches a workpiece carrier frame having a plurality of frame corner modules with releasably connected inner and outer elements, as well as first and second frame modules.
Ecker (U.S. Patent Number 3,857,540) teaches a workpiece carrier frame having a plurality of frame corner modules with releasably connected inner and outer elements, and a frame module.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTOPHER BESLER whose telephone number is (571)270-5331. The examiner can normally be reached Monday - Friday, 10:30 am - 7:30 pm (EST).
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Thomas Hong can be reached at (571) 272-0993. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CHRISTOPHER J. BESLER/Primary Examiner, Art Unit 3726
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