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 .
Claim 7 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.
As to claim 7, how many rods are part of the device? Is it at least 2 (i.e. that the “a plurality” includes the “at least one” (line 3, claim 1) of claim 1? Is it at least 3 (i.e. sum of “at least one” (claim 1) and “a plurality” (line 1)? Should “which comprises” (line 2) read - - the at lease one rod comprises a plurality - - .
As to claim 7, are each of the “plurality” (line 1) limited to all of limitations of “at least one sorbent rod” (line 3, claim 1) as called for in all of lines 4-last (of claim 1)?
As to claim 7, the preamble calls for a “device” (plurality of connected elements), but at least one of the “rods” (line 1) is not connected to the body (i.e. “device”) of claim 1, suggestive of a list of parts. As such, the claim in internally inconsistent.
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Yanagisawa et al teach a tube containing sorbent layer, the tube surrounded by a heating wire.
Please cancel claims 8-24 in any response to this Final Office Action.
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.
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/ROBERT R RAEVIS/Primary Examiner, Art Unit 2855