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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 12/12/2025 has been entered.
Election/Restrictions
This application is in condition for allowance except for the presence of claims 3, 10 and 13 directed to species non-elected without traverse. Accordingly, claims 3, 10 and 13 have been cancelled.
Claims 3 and 13 are directed towards the species were the depressions are on the same side of the straw as shown in figure 7a-8, Claims 1 and 11 are no longer generic to this species
Claim 10 is directed towards the species shown figures 3 and 4. Claim 1 is non longer generic to this species.
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 2, 4, 12 and 14 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.
Regarding claims 2 and 12, the examiner notes that the two discrete levels of depressions are aligned with each other in a direction perpendicular to the longitudinal axis as shown in figures 1a and 1b, however, claims 2 and 12 claim the two discrete levels of depressions are aligned with each other in a direction parallel to the longitudinal axis. It is unclear as to which direction is proper. Claims 4 and 14 require the depressions to be aligned orthogonal to the axis as shown in the figures. Orthogonal or perpendicular alignment appears to the proper.
Claims 4 and 14 are rejected for depending from rejected base claims.
Allowable Subject Matter
Claims 1, 9, 11 and 19-20 are allowed.
Claims 1, 11 and 18 are allowable because of the new amendment requiring a maximum of two discrete depressions in each longitudinally spaced levels of depressions, in combination with the rest of the claimed limitations.
Claims 2, 4, 12 and 14 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JASON J BOECKMANN whose telephone number is (571)272-2708. The examiner can normally be reached M-F 9am to 5pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Arthur Hall can be reached at (571) 270-1814. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JASON J BOECKMANN/Primary Examiner, Art Unit 3752 3/9/2026