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 .
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, a first bracket that slidably couples a first lift subassembly to first and second rails must be shown or the feature(s) canceled from the claim(s). Claim 1 recites that first lift subassembly (200) includes first lift plate (205) and first and second catch arm subassemblies (400a, 400b), but first bracket (410) only slidably couples first and second catch arm subassemblies (400a, 400b) to the rails, and does not slidably couple first lift plate (205); adjustable width bracket (225; page 14 of the specification) slidably couples first lift plate (205) to first and second rails. Nowhere is there shown a single bracket that slidably couples both the catch arm subassemblies and the lift plate. No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 21-40 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 claim(s) contains 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 specification describes the catch arm subassemblies and lift plate independently attached to the first and second rails via respective brackets. However, claims 21 & 34 recite that both the catch arm subassemblies and lift plate are attached by a "first bracket".
According to claim 21 (see also claim 34, line 9) the first lift subassembly (200) includes a first lift plate (205) and first and second catch arm subassemblies (400a, 400b). Line 10 recites that first bracket (410) slidably couples "said first lift subassembly to said first rail and said second rail". This contradicts the written description. The specification states that:
[0069] Referring now to FIG. 11, there is illustrated a perspective view of the catch-arm subassembly 400a of the stacker/destacker assembly 20. FIG. 12 illustrates a first side view of the catch-arm subassembly 400a. FIG. 13 illustrates a second side view of the catch-arm subassembly 400a. The catch-arm subassembly 400a, 500a can be adjustably positioned along the longitudinal length of rail 120…The type of connection arrangement used to enable one or more of the catch-arm subassemblies to be adjustably positioned along the longitudinal length of rail 120 or rail 130 is non-limiting (e.g., slot arrangement, rail arrangement, groove arrangement, slidable bracket, plurality of slots or holes, pin, bolt, clamp, electromagnet, screw, etc.). [0070] The catch-arm subassembly 400a includes a slidable bracket 410a, and an arm support 420a having a first guide 450a. (Emphasis added.)
In other words, first bracket (410a, 410b) attaches catch arm subassemblies (400a, 400b) to first and second rails (120, 130), and bracket (225, 225) attaches first lift plate (205) to first and second rails. In other words, the first lift subassembly (200) is not slidably coupled to first and second rails by first bracket (410a, 410b) because first lift plate (205) attaches via a bracket different than that of the first and second catch arm subassemblies (400a, 400b).
Paragraphs 69 & 70 describe plate (410a, 410b) as slidable, but plate 410 attaches the two catch-arm assemblies to the rails; nowhere is there a connection between lift plate (205) and plate (410a, 410b). If the first lift subassembly includes the lift plate and catch arm subassemblies then lift plate and catch arm subassemblies can not connecting to the rails.
Claims 22-33 & 35-40 are rejected by virtue of depending from claims 21 & 34 respectively.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GREGORY W ADAMS whose telephone number is (571)272-8101. The examiner can normally be reached Mon - Fri, 8am-5pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Saul Rodriguez can be reached at (571)272-7097. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/GREGORY W ADAMS/ Primary Examiner, Art Unit 3652