DETAILED ACTION
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.
Claim 4 is 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 4 recites the limitation "the end cap". There is insufficient antecedent basis for this limitation in the 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.
Claim(s) 1, 2, and 4 is/are rejected under 35 U.S.C. 102(a)(1) as being disclosed by Markiewicz et al. (11,148,314).
Markiewicz et al. discloses the invention including: a primary structural frame 102 104, 106, and 108;- a handle arm set 112 and 126;- an ejection arm set 128 and 136 coupled to the primary structural frame and the handle arm set;- a plurality of plungers 114 joined together by a joining body 108, wherein each plunger is configured to align with and fit into a cell of a grid located on a tray, and wherein the joining body is connected to the ejection arm set; and- a control frame 106;- wherein the handle arm set controls movement of the ejection arm set through a force-multiplying toggle mechanism set (see Fig. 3);- wherein movement of the ejection arm set controls the movement of the joining body; and- wherein the toggle mechanism set creates loading leverage on the plurality of plungers through mechanical advantage established between the handle arm set and the ejection arm set; the control frame includes a tray support surface 116; wherein the main body, the upper section, the lower section, and an end cap (see Fig. 7) of each plunger is made of a metal material (inherently disclosed see col. 13 last paragraph).
Allowable Subject Matter
Claim 4 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
Any inquiry concerning this communication or earlier communications from the examiner should be directed to OMAR FLORES SANCHEZ whose telephone number is (571)272-4507. The examiner can normally be reached Monday thru Thursday8:00-4:00 pm.
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/OMAR FLORES SANCHEZ/Primary Examiner, Art Unit 3724
