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 . The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action. The RCE is accepted.
Claims 40, 41 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.
In claim 40, ‘a’ group is improper and should be ‘the’ group. Further, the additional materials are vague. For example, ‘finely divided’ is subjective, ‘coloring admixture’ is awkward, ‘damp-proofing admixture’ appears to be the same thing as ‘water repellant’, ‘polozan’ is a mineral aggregate.
Claim 41 lacks antecedent and should depend from claim 40.
Applicant’s arguments with respect to claim(s) above have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
/STUART L HENDRICKSON/Primary Examiner, Art Unit 1736
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