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 .
Election/Restrictions
Applicant's election with traverse of the Group I system (claims 1-5) and Species 1 (figs.1-5C) in the reply filed on 1/6/2026 is acknowledged. The traversal was found non-persuasive and the requirement made final in the previous 3/23/2026 Office action.
Claims 6-11 and 13-20 remain withdrawn.
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.
Claims 1-5 are rejected under 35 U.S.C. 112(b) as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor regards as the invention.
The limitation “the shift rail” (line 10 of claim 1; line 9 of claim 5) lacks proper antecedent basis. The examiner suggests replacement with --a shift rail--. Claims 2-4 depend from claim 1 and are thus similarly unclear/rejected.
See MPEP 2173.05(e) which states “The lack of clarity could arise where a claim refers to "said lever" or "the lever," where the claim contains no earlier recitation or limitation of a lever and where it would be unclear as to what element the limitation was making reference… even though indefiniteness in claim language is of semantic origin, it is not rendered unobjectionable simply because it could have been corrected. In re Hammack, 427 F.2d 1384, 1388 n.5, 166 USPQ 209, 213 n.5 (CCPA 1970)”.
Allowable Subject Matter
Claims 1-5 would be allowable if rewritten to overcome the rejections under 35 U.S.C. 112(b) set forth in this Office action. The art of record does not suggest the totality of limitations, does not provide any teaching, suggestion or motivation to modify toward the entirety of applicant's claims, nor was there any readily apparent cogent reasoning that is unequivocally independent of hindsight that would have led one of ordinary skill in the art at the time the invention was made to modify the prior art to obtain the entirety of applicant’s claimed invention.
If applicant wishes to pursue rejoinder of claims 6-11 and 13-15 then independent claim 6 must be amended to depend from an allowed claim or otherwise contain all the limitations thereof (i.e., without the clarity issues noted in the 35 U.S.C. 112(b) rejections elsewhere above).
If applicant wishes to pursue rejoinder of claims 16-20 then independent claim 16 must be amended to correct the clarity issue therein in a manner similar to that suggested for claims 1 and 5 in the 35 U.S.C. 112(b) rejections elsewhere above. The examiner notes that claim 16 already contains substantially all of the subject matter of claim 1 and thus would be in condition for rejoinder and allowance therewith.
Response to Arguments
Applicant's arguments have been considered but are moot in view of the new grounds of rejection.
Conclusion
THIS ACTION IS MADE FINAL. 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 extension fee 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 VICTOR L MACARTHUR whose telephone number is (571)272-7085.
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/VICTOR L MACARTHUR/Primary Examiner, Art Unit 3618
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