Notice of Pre-AIA or AIA Status
This is a first office action on the merits of application SN 18/864,358 and filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the drive of claim 11, 12, 18, and 21; the actuator of claim 21; the bracing element of claims 13-17, 22, and 23 must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
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 Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 12-23 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claims 12-17 recite that the linear guide and drive mechanism are built into the door, but the specification and drawings do not show enough details for one of ordinary skill in the art to replicate this construction. Based on thickness of the door shown in figure 18 and lack of hinge structure shown, It is unclear how the door and lifting mechanism would not collapse once the weight of a bin is placed on the lift.
Claims 18-23 recite that the linear guide and drive mechanism is in the frame around the opening, but the specification and drawings do not show enough detail for one of ordinary skill in the art to replicate this construction. It is unclear based on the folding of the door how the cantilevered system would not collapse once the weight of a bin is placed on the lift.
Claims 13, 15, 17, 22, and 23 recite a bracing element connected between the door and the trolley, but the specification and drawings to not show a bracing element and the specification does not provide enough detail for one of ordinary skill in the art replicate the construction being claimed.
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) 11 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by German Patent DE 10 2016 121 749 to Antrag.
Antrag teaches
11. A transport device for transporting at least one sterile-product container, the transport device comprising: a receiving space (figure 1 and 3) configured in a transport trolley; a lifting support (2); a linear guide (figure 5a and 5b); and a drive (15), the receiving space comprising support elements (16) on a first plane (figure 3) and on a second plane (figure 3) parallel to the first plane, the support elements configured such that a sterile-product container receptacle is supportable on the support elements, the lifting support being arrangeable in a first position on the support elements of the first plane in such a way that the sterile-product container receptacle is displaceable back and forth between the support elements of the first plane and the lifting support, the lifting support also being arrangeable in a second position on the support elements of the second plane in such a way that the sterile-product container receptacle is displaceable back and forth between the support elements of the second plane and the lifting support, the linear guide extending transversely to the first plane and the second plane, such that lifting support is guidable from the first position to the second position by the linear guide, the lifting support being movable along the linear guide from the first position to the second position by the drive, and the linear guide, the drive, and the lifting support being configured on the transport trolley (as best seen in figures 1-3).
Claim(s) 11-15, 18, and 19 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US Patent 9,795,276 to Park.
Park teaches
11. A transport device for transporting at least one sterile-product container, the transport device comprising: a receiving space (12) configured in a transport trolley (the cabinet is capable of having wheels added for transport); a lifting support (110); a linear guide (100a); and a drive (140), the receiving space comprising support elements (13a, 13b) on a first plane (figure 1) and on a second plane (figure 1) parallel to the first plane, the support elements configured such that a sterile-product container receptacle is supportable on the support elements, the lifting support being arrangeable in a first position (figure 2) on the support elements of the first plane in such a way that the sterile-product container receptacle is displaceable back and forth between the support elements of the first plane and the lifting support, the lifting support also being arrangeable in a second position (figure 3) on the support elements of the second plane in such a way that the sterile-product container receptacle is displaceable back and forth between the support elements of the second plane and the lifting support, the linear guide extending transversely to the first plane and the second plane, such that lifting support is guidable from the first position to the second position by the linear guide, the lifting support being movable along the linear guide from the first position to the second position by the drive, and the linear guide, the drive, and the lifting support being configured on the transport trolley.
12. wherein: the transport trolley has a frame (figure 2) surrounding an opening through which the at least one sterile-product container is moveable into or out of the receiving space, the transport trolley has a door (11) pivotably mounted on an outer front side of the frame, and the linear guide, the drive, and the lifting support are configured on an inner side of the door in such a way that the lifting support is alignable parallel to the support elements in an open position of the door (as best seen in figures 2-5).
13. further comprising at least one bracing element (hinge structure) movable on the door that is moveable relative to the door, wherein the at least one bracing element is movable into a bracing position in which the at least one bracing element supports the door in the open position relative to a flat base on which the transport trolley is supported (the door inherently has a hinge/bracing structure that maintains the door in the flat level position with the weight of the rack as seen in figure 2).
14. wherein the lifting support is pivotably connected to the linear guide in such a way that the lifting support is foldable from a folded-out position, in which the lifting support is aligned parallel to the support elements of the receiving space in the open position of the door, into a folded-in position, in which the lifting support is aligned parallel to the door (the lifting support is parallel with the door in all positions).
15. further comprising at least one bracing element movable on the door that is moveable relative to the door, wherein the at least one bracing element is movable into a bracing position in which the at least one bracing element supports the door in the open position relative to a flat base on which the transport trolley is supported (the door inherently has a hinge/bracing structure that maintains the door in the flat level position with the weight of the rack as seen in figure 2).
18. wherein: the transport trolley has a frame (figure 2) surrounding an opening through which the at least one sterile-product container is movable into or out of the receiving space, and the linear guide, the drive, and the lifting support are configured on an outer front side of the frame (the door is attached to the front frame opening and is therefore on an outer front side)
19. wherein: the lifting support is configured as a door (11) which is pivotably and displaceably connected to the linear guide in such a way that the door at least largely covers the opening in a covering orientation (figure 1), and the door is aligned parallel to the support elements of the receiving space in a lifting orientation (figure 2) aligned transversely to the covering orientation.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TIMOTHY MICHAEL AYRES whose telephone number is (571)272-8299. The examiner can normally be reached Monday - Friday 11:30-8.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Dan Troy can be reached at (571) 270-3742. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/TIMOTHY M AYRES/Examiner, Art Unit 3637
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