The previous Quayle action 07/08/26 is hereby withdrawn and superseded by this non-final action. The statutory period for response is set for 3 months with this action. The IDS filed on 04/29/26 has been considered as indicated in the previous communication.
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 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 1-8 and 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.
In regards to claim 1, line 5, claim term “physical contract” is not defined in the specification. This renders the claim indefinite. It is suggested that the term be changed to “physical contact”.
Dependent claims 2-8 and 128 are rejected on the same ground per claim 1.
Allowable Subject Matter
Claims 9-17, 19 and 20 allowed.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KHOI H TRAN whose telephone number is (571)272-6919. The examiner can normally be reached Mon-Thurs 7:00 AM to 5:30 PM.
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/KHOI H TRAN/Supervisory Patent Examiner, Art Unit 3656
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