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 .
Specification
The disclosure is objected to because of the following informalities:
In paragraph 0010 of the specification: it appears the element “silicon elastomer” should be “silicone elastomer”.
Appropriate correction is required.
Claim Objections
Claims 1-18 are objected to because of the following informalities:
Regarding claim 1, line 4: the limitation “an ends” should be “ends”.
Regarding claim 3, line 3: the limitation “the second position” should be “a second position” since it is being introduced for the first time.
Regarding claim 9, line 1: the limitation “silicon elastomer” should be “silicone elastomer”.
Regarding claim 17, line 1: the limitation “a retracted second actuator” should be “a retracted said second actuator” to have proper antecedent basis.
Regarding claim 17, line 1: the limitation “an extended second actuator” should be “an extended said second actuator” to have proper antecedent basis.
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 15-18 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.
Regarding claim 15, line 3: the limitation "typically" renders the claim indefinite because it is unclear whether the limitation(s) following the phrase are part of the claimed invention. See MPEP § 2173.05(d). The examiner recommends rewriting the subject matter that follows “typically” into a separate claim dependent claim.
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.
Claims 1, 9, 13 and 14 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Waizenegger (US Patent 8,632,110).
Regarding claim 1, Waizenegger discloses a draft handler comprising:
an elongated slide rail (5);
a slidable mount (11) coupled to the slide rail and having a spatula (19);
an elastomeric band (13’) extending between an ends of a pair of band frame arms that are each extended laterally on either side of the slide rail;
a first actuator (robot arm 21 would contain an actuator) controlling a vertical movement of the slide rail; and
a second actuator (7) controlling a horizontal movement of the spatula.
Regarding claim 9, Waizenegger also discloses the elastomeric band is a silicon elastomer band (col 3, lines 18-23) having a relaxed lengthand is capable of being repeatedly stretched up to 150% of the relaxed length, and being capable of elastically seeking to return to its relaxed length (a well-known property of silicone elastomer is the capability of being repeatedly stretched of up to 150% and returning to its relaxed state, for example, see the Vanguard Products document).
Regarding claim 13, Waizenegger also discloses the elastomeric band is arranged perpendicular to a longitudinal axis of the draft handler tool (fig 1).
Regarding claim 14, Waizenegger also discloses the elastomeric band further includes a gripping surface (23).
Allowable Subject Matter
Claims 2-8 and 10-12 would be allowable if rewritten to overcome the claim objections set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Claims 15-18 would be allowable if rewritten 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 and to include all of the limitations of the base claim and any intervening claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Keith R Campbell whose telephone number is (571)270-1015. The examiner can normally be reached Monday-Friday 8:30am-5:00pm EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Gene Crawford can be reached at (571) 272-6911. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/KRC/Examiner, Art Unit 3651 9/22/2026
/GENE O CRAWFORD/Supervisory Patent Examiner, Art Unit 3651
