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 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 1-20 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.
Claims 1, 14, 20 recite a “first” alignment profile, which is confusing because no, for example, second profile, is reciting in any claim. In addition, it is unclear what structure is represented by the claimed alignment profile. The claim recites that the floor track channel defines the alignment profile, and the specification defines the alignment profile as the “flat horizontal base” and “two parallel side walls, that is, vertical extensions from the base”, para 54. The two parallel side walls are apparently the protruding arms. As such the channel (which is a gutter or groove) would appear to also be the alignment profile. Finally, the limitation reciting that the leveling bolt “resides into the floor track channel aligning with the first alignment profile” is further confusing because it is not understood how the bolt “resides into” the channel and the limitation appears to use “alignment profile” not as a structure but as a means to simply align the bolt.
Claims 1, 14, 20 recite a “first” plate, which is confusing because no, for example, second plate, is reciting in any claim.
Allowable Subject Matter
Claims 1-20 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.
The claims are so allowed because Blehm (WO 2020/251985), fig. 2a, teaches…a leveling track comprising a leveling track channel ch formed between a first vertical member vm1 and a second vertical member vm2 coupled together by a first plate 217…the first vertical member includes a first horizontal protrusion and the second vertical member includes a second horizontal protrusion such that the first plate, the first horizontal protrusion, and the second horizontal protrusion form a slot, but the slot is not in the leveling track channel as claimed.
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Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DANIEL J KENNY whose telephone number is (571)272-9951. The examiner can normally be reached Monday-Friday 8am-5pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Brian Glessner can be reached at (571)272-6754. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DANIEL J KENNY/ Examiner, Art Unit 3633
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