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 3, 5, and 10 are objected to because of the following informalities:
Claim 3, line 5, change “projection” to --protrusion--;
Claim 3, line 6, change “projection” to --protrusion--;
Claim 3, line 7, change “projection” to --protrusion--;
Claim 3, line 9, change “projection” to --protrusion--;
Claim 5, line 6, change first and second recitations of “the” to --a--;
Claim 10, line 5, change “projection” to --protrusion--;
Claim 10, line 6, change “projection” to --protrusion--;
Claim 10, line 7, change “projection” to --protrusion--; and
Claim 10, line 9, change “projection” to --protrusion--.
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 and 10-12 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 5 is inaccurate as “the first chuck” and “the second chuck” recited in line 14 are not the same element as “a first chuck” and “a second chuck”, respectively, previously recited in claim 5, lines 3 and 4. The first and second chucks recited in claim 5, lines 3 and 4, are associated with the bottom rod, while the first and second chucks recited in claim 5, line 14, are associated with the ejector rod. The applicant is advised to distinctly label these different chucks for their respective rods. It is noted “first” and “second” chucks are also later recited in claim 5, and again in claims 6 and 10.
Claims 6-8 and 10-12 are also rejected under 35 U.S.C. 112(b) as they depend from a rejected claim.
Allowable Subject Matter
Claims 1, 3, 4, and 9 are allowed.
Claims 5-8 and 10-12 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 following is a statement of reasons for the indication of allowable subject matter:
Claim 1 was amended to incorporate the previously indicated allowable subject matter of objected (now canceled) claim 2. It is noted in claim 1, each of the main plate, first side plate, and second side plate include an arc structure.
Claim 5 includes the allowable subject matter discussed above with respect to claim 1 and is therefore allowable for at least the same reason(s).
Regarding claim 5, it is noted previously cited Zhu (US#2004/0046162) discloses in Figs. 7-11 a gate 110, comprising a first upright post 114, a second upright post 112, a bottom rod 120, a gate panel (series of vertical pickets 116) and an ejector (top) rod 118 of the gate, wherein one end of the bottom rod and a first chuck 50 are respectively detachably connected with the first upright post through screws 52, the other end of the bottom rod and the a second chuck 50 are respectively detachably connected with the second upright post through screws 52, a top surface of the gate panel is detachably connected via spring clip 140 with the ejector (top) rod, and a bottom surface of the gate panel is detachably connected via spring clip 140 with the bottom rod 120; wherein the ejector rod of the gate comprises a main (upper/lower horizontal side) plate, a first side (vertical side) plate and a second side (opposing vertical side) plate.
Response to Arguments
Applicant’s arguments have been fully considered and are persuasive, less the above 35 U.S.C. 112(b) rejection necessitated via amendment.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to WILLIAM L MILLER whose telephone number is (571)272-7068. The examiner can normally be reached 9:30 - 6:00 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jason San can be reached at (571) 272-6531. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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WILLIAM L. MILLER
Primary Examiner
Art Unit 3677
/WILLIAM L MILLER/Primary Examiner, Art Unit 3677
