The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Applicant’s election without traverse of Species I, Figs. 3-17, in the reply filed on 3/19/26 is acknowledged.
Although claims 11 and (17 & 19) are drawn to nonelected Species II and Species III, respectively, these claims are not being withdrawn from consideration, as they depend from respective allowable generic or linking claims 7 and 16. See par. 9 below for further details.
While no particular errors were noted during examination, the lengthy specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant’s cooperation is requested in correcting any errors of which applicant may become aware in the specification.
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 1-6 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 1, lines 8-9, the recitation “the housing is connected to the transfer module when the housing is at the first upper position” appears to be a positive recitation of the performance of an action, as would typically be associated with a method step, which is not understood in the context of an apparatus claim. An apparatus is defined by what it is, not by what it does or how it operates. Such limitations should be set forth using functional terminology, such as configured to, capable of, or similar language.
Claims 1-6 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.
Claims 7-20 are allowed.
Claims 11, 17 and 19 require all the limitations of an allowable claim. Pursuant to the procedures set forth in MPEP § 821.04(a), the restriction requirement between Species I-III, as set forth in the Office action mailed on 1/20/26, is hereby withdrawn and claims 11, 17 and 19 are hereby fully examined for patentability under 37 CFR 1.104. In view of the withdrawal of the restriction requirement, applicant(s) are advised that if any claim presented in a divisional application is anticipated by, or includes all the limitations of, a claim that is allowable in the present application, such claim may be subject to provisional statutory and/or nonstatutory double patenting rejections over the claims of the instant application. Once the restriction requirement is withdrawn, the provisions of 35 U.S.C. 121 are no longer applicable. See In re Ziegler, 443 F.2d 1211, 1215, 170 USPQ 129, 131-32 (CCPA 1971). See also MPEP § 804.01.
The following is a statement of reasons for the indication of allowable subject matter: as similarly noted in priority application PCT/JP2023/018867, the prior art does not show or suggest, alone or in combination, a maintenance device for assisting an exchange of a transfer robot mounted on a transfer module, comprising “a housing having an upper opening and a lower opening, wherein the housing is disposed above the carriage; a first lifting unit mounted on the carriage and configured to raise and lower the housing between a first upper position and a first lower position, wherein the housing is connected to the transfer module when the housing is at the first upper position; a lower shutter configured to open and close the lower opening; a support unit configured to support the transfer robot; and a second lifting unit configured to raise and lower the support unit between a second upper position within the housing and a second lower position below the housing when the housing is at the first upper position”, as set forth in claim 1, “a housing having a lower opening; a support unit configured to support the transfer robot; and a lifting unit configured to raise and lower the support unit between a first position within the housing and a second position below the housing”, as set forth in claim 7, or “a housing having an opening; a shutter configured to open and close the opening; a support unit configured to support the transfer robot; and a driving unit configured to move the support unit between a first position within the housing and a second position outside the housing”, as set forth in claim 16.
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Each of Pitts, Dogome, Wakabayashi and Yasuda show a device for mounting or removing a transfer robot, comprising a support unit to support the robot, and a driving unit for moving the support unit between a first position where it connects to or detaches from the robot, and a second position spaced from the first position, but do not show the maintenance device to include a housing, wherein the first position is within the housing and the second position is below or outside the housing.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to James Keenan whose telephone number is (571)272-6925. The examiner can normally be reached Mon. - Thurs. The examiner’s supervisor, Ernesto Suarez can be reached at 571-270-5565. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/James Keenan/
Primary Examiner, Art Unit 3652
5/13/26
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