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 .
Response to Arguments
Applicant's arguments filed September 15, 2025 have been fully considered but they are not persuasive. The applicant removed the language "removable insert in the open section" from the independent claims 13 and 20 but did not remove the follow language “that is adapted to reduce lateral movement of said camber adjustment structure in said open section” that is structure related to the removed "removable insert in the open section". No portion of the specification describes the insert or its relation with the invention.
Claim Rejections - 35 USC § 112
Claims 13-16 and 20-23 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claims contain subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. The language “that is adapted to reduce lateral movement of said camber adjustment structure in said open section” is structure related to the "removable insert in the open section" that was removed from the independent claims 13 and 20. No portion of the specification describes the insert or its relation with the invention.
Furthermore, if the language was removed from the claims, the claims of the instant case would result in a statutory double patenting rejection of the parent case US Patent US 12296887 B2.
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 Matthew J Ganci whose telephone number is (571)272-6577. The examiner can normally be reached Monday - Friday 7:30AM to 5:00PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Paul Dickson can be reached at (571) 272-7742. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MATTHEW JOSEPH GANCI/Examiner, Art Unit 3614
/PAUL N DICKSON/Supervisory Patent Examiner, Art Unit 3614
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