DETAILED ACTION
This non-final Office action is in response to the claims filed on November 3, 2025.
Status of claims: claims 1-16 are hereby examined below.
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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on August 1, 2024 and August 28, 2024 were was considered by the examiner.
Specification
Applicant is reminded of the proper language and format for an abstract of the disclosure.
The abstract should be in narrative form and generally limited to a single paragraph on a separate sheet within the range of 50 to 150 words in length. The abstract should describe the disclosure sufficiently to assist readers in deciding whether there is a need for consulting the full patent text for details.
The language should be clear and concise and should not repeat information given in the title. It should avoid using phrases which can be implied, such as, “The disclosure concerns,” “The disclosure defined by this invention,” “The disclosure describes,” etc. In addition, the form and legal phraseology often used in patent claims, such as “means” and “said,” should be avoided.
Drawings
The drawings are objected to because: “said pin is translationally movable along its axis” recited in claim 14 and similarly recited in claim 15 isn’t illustrated in the figures. Also, “rail endpiece, having a guide portion ensuring blocking of said pin in a direction perpendicular to said sliding plane” recited in claim 13 is not illustrated in the figures.
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.
Claim Objections
Claims 1-16 are objected to because of the following informalities:
Claims 1 and 16, line 2 – shouldn’t “an opening” be amended to “the opening” since “an opening” is previously recited?
Claims 1 and 16, lines 5 and 6 – “so-called” is colloquial and perhaps should be replaced
Claims 1 and 16, line 8 – shouldn’t “guide rails” be amended to “guide rail”
Claims 1 and 16, line 8 – shouldn’t “ensure” be amended to “ensuring”
Claims 1 and 16, line 9 – “said at least one sliding position” lacks antecedent basis
Claims 1 and 16, line 12 – shouldn’t “wherein said shuttle” be amended to “wherein each of said at least one shuttle”
Claims 1 and 16, line 12 – “said pins” lacks antecedent basis
Claims 1 and 16, line 14 – shouldn’t “said open position” be amended to “said at least one opening position”
Claims 2-15, line 1 – “A device” should be amended to “The device”
Claim 2, line 3 – “the end” lacks antecedent basis
Claim 4, line 3 – shouldn’t “an open position” be amended to “said at least one opening position”
Claim 5, line 3 – “the bottom” lacks antecedent basis
Claims 7-8, line 2 – “the bottom” lacks antecedent basis
Appropriate correction is required.
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 5-8, 10, 14, and 15 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 pre-AIA the applicant regards as the invention.
Claim 5, line 3 – which rail constitutes “said rail?”
Claim 6, line 2 – which rail constitutes “said rail?”
Claim 10 – “said blade is formed in the mass of said shuttle” is unclear. The term “mass” is confusing and doesn’t appear applicable to this recitation.
Claim 11, line 2 - the phrase "for example" renders the claim indefinite because it is unclear whether the limitation(s) following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
Claims 14 and 15, line 2 – which axis is “its axis?”
Claim 15 - “wherein said pin is movable according to its axis allows getting rid of said stop” is unclear. What is meant by “allows getting rid of said stop?” Is the stop removed from the claims? Or removed from the device? What exactly of the movable pin “allows getting rid of said stop?”
Further, claims dependent on a rejected claim are rejected for at least being dependent upon a rejected claim.
Allowable Subject Matter
Claims 1-16 would be allowable if rewritten or amended 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.
REASONS FOR ALLOWANCE
The following is an examiner’s statement of reasons for allowance: the recitation of “means for blocking at least one of said pins in a corresponding groove” in claims 1 and 16 have been interpreted as proper means plus function recitations under 35 USC 112(f).
Additionally, the prior art of record, such as WO 2010/032273 listed in the IDS filed August 28, 2024, discloses a shuttle 23 translatable on a guide rail 15, wherein the shuttle includes at least one groove 25 guiding a pin 16’ secured to a movable panel 4. (see at least FIG. 8 of WO 2010/032273.)
On the other hand, WO 2010/032273 fails to disclose a blocking stop/means within the at least one groove for blocking the pin. More specifically, the shuttle fails to disclose, in combination with the other limitations of claim 1, “means for blocking at least one of said pins in a corresponding groove.” Put another way, WO 2010/032273 fails to disclose corresponding structure for “means for blocking at least one of said pins in a corresponding groove,” as described in applicant’s specification and equivalents thereof. (see MPEP 2181)
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MARCUS MENEZES whose telephone number is (571)272-5225. The examiner can normally be reached on M - F 7:30 -4 PST.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor Daniel Cahn can be reached on 571-270-5616. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Marcus Menezes/
Primary Examiner, Art Unit 3634