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 .
Response to Arguments
Applicant’s arguments filed 11 March 2026 have been fully considered but they are not persuasive.
Applicant argues that new claim 26 (reciting limitations which correspond to now-canceled claim 2) is not indefinite for its use of the term “preferentially” under § 112(b) (pp. 9–10). Applicant quotes from a portion of the specification to make this case. This argument is unpersuasive, as nothing from the quoted passage suggests that the term “preferentially” should be interpreted as other than exemplary language that renders the claim indefinite as per MPEP § 2173.05(d).
The Office did not find that a telephonic interview would be suitable to resolve this issue since there is no power of attorney filed in this case. See MPEP §§ 405 and 408.
Drawings
The drawings were received on 11 March 2026. These drawings are acceptable.
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.
Claim 26 is rejected under 35 U.S.C. 112(b) as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor regards as the invention.
Regarding claim 26, the phrase “preferentially” renders the claim indefinite because it is unclear whether the limitations following each phrase are part of the claimed invention. See MPEP § 2173.05(d). Claim 26 is of even more concern as it arguably makes limitations in this claim non-limiting, presenting concerns about § 112(d), but this matter is best understood and handled under review considering § 112(b).
Allowable Subject Matter
Claims 19–21, 23–25, and 27–42 are allowed.
Claims 26 would inherit allowability if rewritten or amended to overcome the rejection under 35 U.S.C. 112(b) set forth in this Office action.
Conclusion
This action is made final. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to John J. Norton whose telephone number is (571) 272-5174. The examiner can normally be reached 9:00 AM to 5:00 PM EST.
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, Edward (Ned) F. Landrum can be reached at (571) 272-8648. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/JOHN J NORTON/Primary Examiner, Art Unit 3761
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