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 .
Drawings
Color photographs and color drawings are not accepted in utility applications unless a petition filed under 37 CFR 1.84(a)(2) is granted. Any such petition must be accompanied by the appropriate fee set forth in 37 CFR 1.17(h), one set of color drawings or color photographs, as appropriate, if submitted via the USPTO patent electronic filing system or three sets of color drawings or color photographs, as appropriate, if not submitted via the via USPTO patent electronic filing system, and, unless already present, an amendment to include the following language as the first paragraph of the brief description of the drawings section of the specification:
The patent or application file contains at least one drawing executed in color. Copies of this patent or patent application publication with color drawing(s) will be provided by the Office upon request and payment of the necessary fee.
Color photographs will be accepted if the conditions for accepting color drawings and black and white photographs have been satisfied. See 37 CFR 1.84(b)(2).
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the limitations
“the at least one male drum having a shared rotation shaft and each female drum having its own rotation shaft, such that the rotation shaft of the at least one male drum and the shaft or shafts of each female drum intersect in space” in claim 11;
“a casing open on the top with a first lower outlet orifice for the juice and a second lower outlet orifice for fruit remains, such that the casing contains a filter inside it” in claim 11;
“the filter comprises a lower surface and two surfaces that curve upward from same” in claim 13;
“the first lower outlet orifice for the juice is placed in an area located under the base of the rest of the casing, and the base of the casing is inclined towards said area” in claim 14;
“the mechanical coupling is a male coupling in the form of a shaft with a figure-eight end that is coupled to a corresponding figure-eight recess of the protruding end of the worm gear” in claim 16;
“two worm gears in parallel placed on the filter” in claim 19
must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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 11-19 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 claim 11, the terms “on its side” and “its own rotation shaft” are indefinite, because it is unclear what structures the terms “its” refer to.
The limitation “wherein a lower part comprises a sweeper and filter assembly comprising: a casing open on the top with a first lower outlet orifice for the juice and a second lower outlet orifice for fruit remains, such that the casing contains a filter inside it, at least one worm gear with a shaft that is arranged longitudinally on the filter, such that one of the ends of the shaft is a protruding end that protrudes out of the casing, and a drive means connected by a mechanical coupling to the protruding end of the shaft of the worm gear” is indefinite. 1) It is unclear whether the lower part is partial of the claimed invention. 2) It is unclear which structure comprises a casing open, at least one worm gear, and drive means. Is it the lower part? The sweeper? Or the filter assembly? 3) It is unclear what structures the terms “it” refer to. 4) The term “the shaft” refers to which shaft is unclear.
Regarding claim 13, the limitation “the filter comprises a lower surface and two surfaces that curve upward from same” is indefinite. The meaning of “two surface that curve upward from same” in unclear. What is it mean “upward from same”?
Regarding claim 14, the limitation “the base of the rest of the casing” is insufficient antecedent basis for this limitation in the claim.
Regarding claims 12-19, these claims are rejected due to their dependency on an indefinite claim as shown above.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRIS Q LIU whose telephone number is (571)272-8241. The examiner can normally be reached Mon-Fri 9:00-6:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Ibrahime Abraham can be reached at (571) 270-5569. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CHRIS Q LIU/ Primary Examiner, Art Unit 3761
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