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 .
Claim Objections
Claims 1, 14, & 15 are objected to because of the following informalities:
In regards to claims 1 & 14, the claimed subject matter “and to receive a return beam (20) generated” is grammatically incorrect.
In regards to claims 1 & 15, the claimed subject matter “doesn't radially extend beyond outer surface” should be “doesn't radially extend beyond an outer surface” is grammatically incorrect.
Appropriate correction is required.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: “a distance measuring unit” in claims 1, 3, 4, 14, & 15.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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.
Claim 1-15 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. In regards to claims 1 & 15, the claimed subject matter “distance measuring unit” is rendered indefinite. Examiner notes the specification does not provide the structure for the “distance measuring unit” to perform the claimed functions. Applicant teaches the distance measuring unit can be part of a central computer system of the remotely operated vehicle or it can be a separate, standalone unit (as shown in Fig 4a) (0035). Based upon the specification there is no way to determine the metes and bounds of this limitation, since there are no limits imposed by structure, material or acts, and can therefore be performed by any means capable of performing the function, both known and unknown. Clarification is required.
Pertinent Art
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US 20190234768, US 6211794, US 5983720, & US 5283796.
Allowable Subject Matter
The following is a statement of reasons for the indication of allowable subject matter:
As to claim 1, the prior art of record, taken alone or in combination, fails to disclose or render obvious “a rotating shaft (12) of a remotely operated vehicle of a system (1) for storing and retrieving goods holders, said rotating shaft (12) being a wheel axle of the remotely operated vehicle…the distance measuring unit (16) being configured to output a signal based on a distance of said beam (18) to said portion of the reflector (14), - a rotational position of the rotating shaft ( 12) is determined based on the output signal of measured distance from said distance measuring unit (16), wherein - said portion of the reflector (14) has an irregular surface, and wherein - reflector (14) is integrally formed with the rotating shaft (12) and arranged at an end of the rotating shaft (12) and said reflector (14) is substantially cylindrically-shaped and doesn't radially extend beyond outer surface of the rotating shaft (12)”, in combination with the rest of the limitations of claim 1.
As to claim 15, the prior art of record, taken alone or in combination, fails to disclose or render obvious “the reflector
(14) rotating simultaneously with said shaft (12) and said rotating shaft (12) being a wheel axle of the remotely operated vehicle…providing a distance measuring unit (16) for measuring a distance to said reflector (14) by emitting a beam (18) of radiation towards a portion of the reflector (14) as the shaft (12) and reflector (14) are rotated with respect to the distance measuring unit (16), the emitted beam being parallel to the rotating shaft, wherein said portion of the reflector ( 14) has an irregular surface, and wherein the reflector (14) is integrally formed with the rotating shaft (12) and arranged at an end of the rotating shaft (12) and said reflector (14) is substantially cylindrically-shaped and doesn't radially extend beyond outer surface of the rotating shaft (12)”, in combination with the rest of the limitations of claim 15.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MAURICE C SMITH whose telephone number is (571)272-2526. The examiner can normally be reached Monday-Friday 9am-5pm EST.
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/MAURICE C SMITH/Examiner, Art Unit 2877