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 .
Drawings
The drawings were received on November 15th 2022. These drawings are accepted.
Priority
Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d).
The certified copy has been filed on December 23rd 2022.
Status of the Claims
This Final action is in response to the applicant’s arguments filed on December 24th 2025.
Claim 2 is canceled.
Claims 1 and 3-18 are pending and examined below.
Response to Arguments
Applicant’s amendments with respect to the rejection of claims under 35 USC § 103 have been fully considered and are persuasive. Therefore, the rejection of claims under 35 USC § 103 has been withdrawn.
Applicant’s amendments with respect to the rejection of claims under 35 USC § 101 have been fully considered and are persuasive. Therefore, the rejection of claims under 35 USC § 101 has been withdrawn.
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 and 3-18 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 limitation in claim 1; “…encourage the simulation…” the metes and bounds of "encourage" are not set forth in any manner in the specification. Therefore, it is not clear what would acts / events / things would or would not constitute "encourage the simulation." Examiner is not clear what does “encourage” means in the claim, will the simulation be performed or not. The specification doesn’t clearly define the meaning of “encourage”. It is unclear to examiner if “…encourage the simulation…” means option or mandatory step. Claim must particularly point out and distinctly define the meats and bounds of the subject matter. (MPEP&2171)
All claims dependent on independent claim would be rejected under the same reason as above. For the purpose of examination claims 1 and 3-18 are interpreted based on examiner’s best understanding. Appropriate correction is required.
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 LIDIA KWIATKOWSKA whose telephone number is (571)272-5161. The examiner can normally be reached Monday-Friday 8:00-5:00.
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, Scott A. Browne can be reached at (571) 270-0151. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/L.K./Examiner, Art Unit 3666
/SCOTT A BROWNE/Supervisory Patent Examiner, Art Unit 3666
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