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 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 1-10 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 1 recites the limitation of “ a disinfection device”. This limitation merely states a functional characteristic (i.e., disinfection) without providing any indication about how the functional characteristic is provided. The claim recites “the disinfection device comprising a first control process module, an air intake module , and an air outtake module”. However, the recited functional characteristic does not follow from (is not an inherent property of) the structure recited in the claim and merely having “a first control process module, an air intake module , and an air outtake module” could not perform disinfection. So, it is unclear whether the claim requires some other structure to be added to the apparatus to achieve the functional characteristic or the functional characteristic is due to a manner of operating the device.
Furthermore, it is known in the art that there are multiple ways to perform disinfection. Therefore, it is not clear which of those ways are encompassed by the claim. Thus, one having ordinary skill in the art would not be able to draw a clear boundary between what is and is not covered by the claim (see MPEP 2173.05(g) for more information.
Claim 1 recites the limitation of “ a sterilization device”. This limitation merely states a functional characteristic (i.e., to carry out a disinfection and sterilization process on the person) without providing any indication about how the functional characteristic is provided. The claim recites “the sterilization device comprising a second control process module, a detection module , and a disinfection spray module”. However, the recited functional characteristic does not follow from (is not an inherent property of) the structure recited in the claim and merely having “a second control process module, a detection module , and a disinfection spray module” could not perform a function of carrying out a disinfection and sterilization process on the person. So, it is unclear whether the claim requires some other structure to be added to the apparatus to achieve the functional characteristic or the functional characteristic is due to a manner of operating the device.
Furthermore, it is known in the art that there are multiple ways to carry out a disinfection and sterilization process on the person. Therefore, it is not clear which of those ways are encompassed by the claim. Thus, one having ordinary skill in the art would not be able to draw a clear boundary between what is and is not covered by the claim (see MPEP 2173.05(g) for more information.
Claim 1 recites the limitation "the first control process module" in line 7-8, There is insufficient antecedent basis for this limitation in the claim. Appropriate correction/clarification is required. For the purpose of examination, “a control process module” in line 5-6 will be interpreted as “a first control process module”.
Claim 1 recites the limitation "an air outtake module of the air outtake module" in line 9-10. There is insufficient antecedent basis for this limitation in the claim. Appropriate correction/clarification is required.
Claim 1 recites the limitation of “ a disinfection module”. This limitation merely states a functional characteristic (i.e., to disinfect a package material of meal) without providing any indication about how the functional characteristic is provided. The claim recites “the sterilization device comprising a second control process module, a detection module , and a disinfection spray module”. However, the recited functional characteristic does not follow from (is not an inherent property of) the structure recited in the claim. So, it is unclear whether the claim requires some other structure to be added to the apparatus to achieve the functional characteristic or the functional characteristic is due to a manner of operating the device.
Furthermore, it is known in the art that there are multiple ways to disinfect a package material of meal. Therefore, it is not clear which of those ways are encompassed by the claim. Thus, one having ordinary skill in the art would not be able to draw a clear boundary between what is and is not covered by the claim (see MPEP 2173.05(g) for more information.
Due to the dependency to the parent claim, claims 2-10 are rejected.
Conclusion
Claims 1-10 are rejected.
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/XIUYU TAI/Primary Examiner, Art Unit 1795