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 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 9-13 and 48 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.
Claim 9 recites “a first coupler composed of a first single body” in line 1 and “a second coupler composed of a second single body” in line 21. However, the original disclosure does not disclose a coupler that is composed of a single body. Instead, the Specification is silent as to how many parts constitute coupler 100. Therefore, the original disclosure does not support that the inventors possessed the claimed invention.
Claim 9 recites “the lowest surface of the first single body having a first centrally-disposed orifice” in lines 3-4 and “the lowest surface of the second single body having a second centrally-disposed orifice” in lines 22-23. However, the original disclosure does not disclose a lowest surface that has a centrally-disposed orifice. In Fig. 1C of the Drawings, it is not clear whether or not lower surface 118 is the lowest surface. The outer edges of the coupler might be lower than lower surface 118 such that the entirety of lower surface 118 is recessed with respect to the outer edges. The Specification is silent as to whether or not the lower surface 118 is the lowest surface. In Fig. 2C, it is not clear whether or not the central portion of lower surface 118 (i.e. the portion that has the hole 122) is the lowest surface. The central portion with hole 122 might be recessed compared to the outer portion (i.e. outside recessed portion 223). The Specification is silent as to whether or not the central portion is the lowest surface. Therefore, the original disclosure does not support that the inventors possessed the claimed invention.
Claims 10-13 and 48 depend in claim 9 and are rejected for inheriting the same problems.
Response to Arguments
Applicant’s arguments with respect to claim 9 have been considered but are moot in view of the new grounds of rejection.
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 JUSTIN N OLAMIT whose telephone number is (571)270-1969. The examiner can normally be reached M-F, 8 am - 5 pm (Pacific).
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/JUSTIN N OLAMIT/Primary Examiner, Art Unit 2853