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 .
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 15-16 and 24 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.
Claim 15 recites “a heat exchanger” but the claim upon which it depends already recites “a heat exchanger.” As such, it is unclear if the two “a heat exchanger” terms are referring the same or different elements.
Claim 16 recites “a plant that processes a mammalian-consumable food or beverage” but the claim upon which it depends already recites “a plant that processes a mammalian-consumable food or beverage.” As such, it is unclear if the two “a plant that processes a mammalian-consumable food or beverage” terms are referring the same or different elements.
Claim 24 recites “a heat exchanger” but the claim upon which it depends already recites “a heat exchanger.” As such, it is unclear if the two “a heat exchanger” terms are referring the same or different elements.
Claim 24 recites “a thermally degraded rendering of a product produced using the heat exchanger” but the claim upon which it depends already recites “a thermally degraded rendering of a product produced using the heat exchanger.” As such, it is unclear if the two “a thermally degraded rendering of a product produced using the heat exchanger” terms are referring the same or different elements.
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claims 15-16 and 24 are rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends.
Claim 15 recites that the industrial equipment comprises industrial equipment selected from the group consisting of a tank, a pipe, a filter, a valve, a heat exchanger and combinations thereof. However, claim 1 recites that the industrial equipment comprises a heat exchanger. As such, claim 15 broadens the scope of what the industrial equipment can be thus failing to include all the limitations of the claim upon which it depends.
Claim 16 recites that the industrial equipment is part of a plant that processes a mammalian-consumable food or beverage. However, claim 1 already includes said limitation thereby making claim 16 fail to further limit the subject matter of the claim upon which it depends.
Claim 24 recites the industrial equipment comprises a heat exchanger; and flushing the industrial equipment with the pre-rinse fluid and flushing the industrial equipment with the cleaning fluid comprises removing a thermally degraded rendering of a product produced using the heat exchanger. However, claim 1 already includes said limitation thereby making claim 16 fail to further limit the subject matter of the claim upon which it depends.
Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
Allowable Subject Matter
Claims 1-10, 13-14, and 25-26 are allowed.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PETER KEYWORTH whose telephone number is (571)270-3479. The examiner can normally be reached 9-5 MT (11-7 ET).
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jennifer Dieterle can be reached at (571) 270-7872. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/PETER KEYWORTH/Primary Examiner, Art Unit 1776
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