DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16th, 2013 is being examined under the first inventor to file provisions of the AIA .
Claim Rejections – 35 USC §112(b)
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.
Claims 1-2 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 pre-AIA the applicant regards as the invention.
Claim 1 is rejected under 35 U.S.C. 112(b) wherein the claims must particularly point out and distinctly define the metes and bounds of the subject matter to be protected by the patent grant. See MPEP § 2171. Claim 1 recites, “…tongs having a fixed gripper (1) having ‘∟’ – shaped…” in line 1 and “…a movable gripper (2) having ‘┐’ – shaped…” in line 4. However, these non-ascii symbols do not distinctly define the metes and bounds of the subject matter to be claimed, as required under 35 U.S.C. 112(b) identified above. It is recommended that the shape of the fixed gripper (1) and movable gripper (2) be described in words to overcome this rejection. For purposes of examination, the shape of the fixed gripper will be interpreted as having a generally L-shape and the movable gripper will be interpreted as having a generally upside-down and inverted L-shape. Please note that this interpretation is not a recommendation of final claim language, and is only meant to clarify the record.
Claim 2 is also rejected under 35 U.S.C. 112(b) due to its dependence upon rejected claim 1.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
See attached Notice of References Cited.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JACOB A SMITH whose telephone number is (571) 272-3974 and email address is Jacob.Smith@uspto.gov. The examiner can normally be reached on M-F 7:30AM - 5:30PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Anna Kinsaul can be reached at (571) 270-1926. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JACOB A SMITH/Examiner, Art Unit 3731