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 .
Information Disclosure Statement
The listing of references in the specification is not a proper information disclosure statement. 37 CFR 1.98(b) requires a list of all patents, publications, or other information submitted for consideration by the Office, and MPEP § 609.04(a) states, "the list may not be incorporated into the specification but must be submitted in a separate paper." Therefore, unless the references have been cited by the examiner on form PTO-892, they have not been considered.
Drawings
The drawings are objected to because no reference numbers are provided in the drawings to identify specific claimed elements.
The drawings are further objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the first ends of the ground lead 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.
Specification
The abstract of the disclosure is objected to because it refers to the purported merits or speculative applications of the invention (easy to use). A corrected abstract of the disclosure is required and must be presented on a separate sheet, apart from any other text. See MPEP § 608.01(b).
Claim Objections
The claims are objected to because with the exception of Claim 1, they are not properly numbered. For examination purposes, Examiner is counting each phrase having a period as a separate and distinct claim, with one independent claim, and four dependent claims, for a total of five claims.
Appropriate correction is required.
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 1-5 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 regards to Claim 1, the phrase “the grounding/earthing spot” lacks proper antecedent basis. Further, it is unclear if Applicant is attempting to claim this grounding/earthing spot as part of the system, or just intended use. If it is part of the system, it is unclear whether this grounding/earthing spot includes the earth, which is improper.
Further in regards to Claim 1, it is unclear how the ground lead can multiple first ends.
In regards to Claim 2, it is unclear whether this is an apparatus or a method claim. For examination purposes, the claim is being treated as an apparatus claim, due to the preamble, and dependency from Claim 1.
In regards to Claim 3, it is unclear whether this is an apparatus or a method claim. For examination purposes, the claim is being treated as an apparatus claim, due to the preamble, and dependency from Claim 1.
In regards to Claim 4, it is unclear whether this is an apparatus or a method claim. For examination purposes, the claim is being treated as an apparatus claim, due to the preamble, and dependency from Claim 1.
Further in regards to Claim 4, the phrase "especially" renders the claim indefinite because it is unclear whether the limitation(s) following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
In regards to Claim 5, the phrase “comes in a variety of shapes and sizes” is unclear. One apparatus cannot have multiple shapes and sizes.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1-5 is/are rejected, to the degree definite, under 35 U.S.C. 102(a)(1) as being anticipated by Robinson (10993511).
In regards to Claim 1, Robinson teaches a personal body grounding system (Figure 1) comprising:
a grounding assembly, including a hand-held assembly (Detail 103) capable of scraping the skin (could be rubbed on the skin);
a ground lead (Detail 130) having a first end (Detail 120) conductively coupled to the assembly capable of scraping the skin; and
a second end (opposite end of Detail 130) capable of being conductively coupled to a grounding/earthing spot.
In regards to Claims 2-4, these are considered intended use. The device of Robinson is capable of being used as claimed.
In regards to Claim 5, the device of Robinson has a shape and size that is adjustable (Column 6, lines 53-60).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See of Record.
Specifically, at least Wulff et al (20210212762) Abstract, Hernandez (20170036016) Figures 3A, 3B, and D’Haenens et al (4175551) Abstract, Figure 1 teach element similar to those as currently claimed.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Shaun R Hurley whose telephone number is (571)272-4986. The examiner can normally be reached Monday thru Friday, 8:00am - 3:00pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Clinton T Ostrup can be reached at (571) 272-5559. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SHAUN R HURLEY/Primary Examiner, Art Unit 3732