DETAILED ACTION
Priority
Please note that, per the communication of 8/1/25, the priority date for this application remains 7/5/23.
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 2 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite in that it fails to point out what is included or excluded by the claim language. This claim is an omnibus type claim.
Claim 1 includes the phrase “(e.g., at the desired temperature)” which does not have known metes and bounds. The “desired” temperature is unknown. The use of an example creates ambiguity as to what other examples may or may not fall under the scope of the claim.
Claim 2 is rejected as the phrase “an apparatus embodying the method of claim 1” does not sufficiently appraise one of ordinary skill as to what are and are not necessary components of the apparatus. The applicant is encourage to refer to U.S. issued patent apparatus claims for guidance on proper claim structure.
Notes on Potentially Allowable Subject Matter
The following is a statement of reasons for the indication of potentially allowable subject matter:
The inclusion in claim 1, along with every other limitation, of pumping water from the second compartment to the upper reservoir or the first compartment does not appear to be taught or fairly suggested by the prior art.
It is noted that the 112(b) rejection above must be overcome and that this is a preliminary indication only.
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 Devon Lane whose telephone number is (571)270-1858. The examiner can normally be reached M-Th, 9-4.
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/DEVON LANE/ Primary Examiner, Art Unit 3763