DETAILED ACTION
This is a Non-final Office Action on the merits for U.S. App. 17/926,234. Receipt of the RCE filed on 06/01/2026 is acknowledged.
Claims 1, 5-7, 9-16, 18, and 25-34 are pending.
Claims 2-4, 8, 17, and 19-24 are cancelled.
Claims 1, 5-7, 9-16, 18, and 25-34 are examined.
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after allowance or after an Office action under Ex Parte Quayle, 25 USPQ 74, 453 O.G. 213 (Comm'r Pat. 1935). Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, prosecution in this application has been reopened pursuant to 37 CFR 1.114. Applicant's submission filed on 06/01/2026 has been entered.
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.
Claim 6 is 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 6 defines “said strips of lumber have a moisture content selected from about 0 to about 20%, from 5 to about 12%, and from 6 to about 8%,” which renders the claimed invention indefinite since one of ordinary skill in the art would not know whether such ranges refer to each specific group selective, such that if softwood is selected, a range of 0 to 20% is used, if hardwood is selected a range of 5 to 12% issued and if the combination is used a range of 6 to 8% is used, or whether such ranges can be used in the alternative, such that only one range is to be met, or whether all three ranges are to be met due to the “and” connector such that the only possible way to meet such limitations is to meet the 6 to 8% moisture content range. For examining purposes and in light of the specification and drawings, due to use of the “and” connector between such ranges, such limitations are considered only meet when the from 6 to about 8% range is met so as to meet all three ranges as defined. Applicant is suggested to amend the connector limitation to “or” if a broader interpretation is wanted so as to cover all three ranges as defined.
Allowable Subject Matter
Claims 1, 5, 7, 9-16, 18, and 25-34 are allowed.
Claim 6 would be allowable if the 112(b) issue above were clarified.
Conclusion
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/THEODORE V ADAMOS/Primary Examiner, Art Unit 3635
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