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 .
Claim Status
Claims 1, 4-5, 17, 20-21, 29, 34-36, 41, and 43-44 are pending.
Claims 1 and 43-44 are currently amended.
Claims 1, 4-5, 17, 20-21, 29, 34-36, 41, and 43-44 are examined on the merits.
Response to Arguments - Indefiniteness
Applicant's arguments filed 28 August 2026 have been fully considered but they are not persuasive.
Applicant still has failed to make clear why is it necessary to recite both “donor template” and “repair template.” Please either clarify what is structurally encompassed in a “donor template” versus a “repair template.” If they are not structurally different in any way, please delete either the term “donor” or “repair” in the claims. There is no good reason that claims should recite synonyms. This would only serve to unnecessarily complicate the claims. If they are not synonyms, Applicant need to make clear on the record what is structurally encompassed in each term, so that the metes and bounds of the claims are clear.
Claim Rejections - 35 USC § 112
Indefiniteness
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.
Claims 1, 4-5, 17, 20-21, 29, 34-36, 41, and 43-44 remain 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 pre-AIA the applicant regards as the invention.
Claim 1 requires, “a donor/repair template.” It is unclear what the distinct structure of the donor template is compared the to the recited repair template, as these phrases are typically used interchangeably in the art. If they are interchangeable, only a single phrase should be recited in the claim as the presence of both suggests that the phrases are intended to have distinct meanings. As such, the metes and bounds of the claim cannot be determined. Claims 4-5, 17, 20-21, 29, 34-36, 41, and 43-44 are rejected for depending from an indefinite claim and failing to recite additional limitations that would render the claim definite.
Conclusion
No claims are allowed. THIS ACTION IS MADE FINAL. 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 extension fee 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 R KEOGH whose telephone number is (571)272-2960. The examiner can normally be reached M-Th 7-4:30, half day on Fridays.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Amjad Abraham can be reached on 571-270-7058. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MATTHEW R KEOGH/Primary Examiner, Art Unit 1663
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