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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 12/15/2025 has been entered. Claims 1, 3-9, 11-18 are pending and claims 1 and 9 are currently amended.
Claim Objections
Claim 1 is objected to because of the following informalities:
Claim 1, lines 9-10, “which is embedded by said portable electric pruning shears” should be -- which is embedded in said portable electric pruning shears--.
Claim 1, lines 12-13, “as a function of the wave(s)” should be -- as a function of the at least one electromagnetic wave--.
Claim 1, line 14, “the emitter comprises” should be -- the emitter comprising--.
Claim 1, lines 14-15, “each said emitting module being arranged” should be – each said emitting module arranged--.
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 1-18 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.
The preamble to claim 1 is to a “portable electric pruning shears”. However, the claims are more directed to a system that includes pruning shears and an emitter and it would appear that the preamble has incongruent titling. Especially as claim 1, lines 9-10 recites that “one of which is embedded by said portable electric pruning shears and the other of which is intended to be worn by the other hand of the user”. If the one that is intended to be worn by the other hand of the user isn’t part of the “the pruning shears” then how it be encapsulated by the preamble? It would be suggested to amend the claims to something along the lines of -- A pruning system comprising a portable electric pruning shears and an emitter--.
Further it is noted that as the Applicant has amended the claims to state that “the receiver is embedded in the body” then, lines 8-10 can more positively recite that the emitter is the structure intended to be worn by the other hand and that it is the receiver which is embedded in the shears.
It is also suggested that the Applicant get away from using the user’s hands as describing the intended operation of the system.
Allowable Subject Matter
Claims 1, 3-9, 11-18 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LAURA M LEE whose telephone number is (571)272-8339. The examiner can normally be reached M-F 8a.m.- 5p.m..
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/LAURA M LEE/Primary Examiner, Art Unit 3724