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 .
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 final rejection. 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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 04/03/2026 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.
Claims 9-12, and 14-19 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.
A broad range or limitation together with a narrow range or limitation that falls within the broad range or limitation (in the same claim) may be considered indefinite if the resulting claim does not clearly set forth the metes and bounds of the patent protection desired. See MPEP § 2173.05(c). In the present instance, claim 9 recites the broad recitation “350 ≤ Di ≤ 600”, and the claim also recites “the inner diameter Di of each of the hollow fiber membranes is 550 µm or less” which is the narrower statement of the range/limitation. The claim(s) are considered indefinite because there is a question or doubt as to whether the feature introduced by such narrower language is (a) merely exemplary of the remainder of the claim, and therefore not required, or (b) a required feature of the claims.
Regarding Claim 9, the limitation “the method comprising performing crossflow filtration using the hollow fiber membrane module for cross-flow filtration according to claim 8” refers to claim 8 which recites “The hollow fiber membrane module for cross-flow filtration according to claim 1” refers to claim 1 which recites “350 ≤ Di ≤ 600”. Examiner recommends removing dependency of claim 9 from claim 8 and claim 1 and instead include limitations of claims 1 and 8 in claim 9 to address indefinites and ambiguity with regards to the claimed ranges. The range “350 ≤ Di ≤ 600” is missing units.
Response to Arguments
Applicant’s arguments, see remarks, filed 04/03/2026, with respect to rejection of claim 9 have been fully considered and are persuasive. The rejection of claims 9-12 and 14-18 has been withdrawn.
The affidavit under 37 CFR 1.132 filed 04/03/2026 is sufficient to overcome the rejection of claim 9 based upon 35 USC 103.
Conclusion
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/PRANAV N PATEL/Primary Examiner, Art Unit 1777
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