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 .
Specification
The amendment filed 05/07/2025 is objected to under 35 U.S.C. 132(a) because it introduces new matter into the disclosure. 35 U.S.C. 132(a) states that no amendment shall introduce new matter into the disclosure of the invention. The added material which is not supported by the original disclosure is as follows: The New Sheet of formal drawings filed 05/07/2025 depicts an arrangement of the device electrode, insulating layer and catalyst layer which is not found in applicant’s specification as originally filed. Paragraph [0046] of the original specification only recites that “the sensor may have a structure in which a device electrode, an insulating layer, and a catalyst layer including a catalyst for a gas sensor are stacked,” without specifying the arrangement of the stacked structure.
Applicant is required to cancel the new matter in the reply to this Office Action.
If applicant deletes the new matter in the New Sheet of formal drawings filed 05/07/2025, then the drawing objection set forth in the previous Office Action of 02/13/2025 will be reinstated because every claimed feature must be shown in the drawings.
Applicant’s attempt to cancel figure 4 in the response filed 08/20/2025 is ineffective. See MPEP 608.02(t) “Cancelation of Figures” to effect a proper response.
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 1-4, 6, 8 and 12 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.
Claims 1-4, 6, 8 and 12 recite a contact combustion gas sensor; however, due to applicant’s amendment filed 08/20/2025 claims 1-4, 6, 8 and 12 are only directed to a catalyst which, alone, is not contact combustion gas sensor.
Should applicant amend the claims to be directed to a catalyst only, such an amendment would be considered non-responsive since applicant has received an action on the merits for the originally presented invention directed to a contact combustion gas sensor. Claims directed to a contact combustion gas sensor have been constructively elected by original presentation for prosecution on the merits.
Claims directed to only a catalyst will not be examined in the present application since claims directed only to a catalyst is a non-elected invention.
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 MICHAEL S. GZYBOWSKI whose telephone number is (571)270-3487. The examiner can normally be reached M-F 8:30-5:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jill Warden can be reached at 571-272-1267. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/M.S.G./Examiner, Art Unit 1798
/JILL A WARDEN/Supervisory Patent Examiner, Art Unit 1798