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 .
This office action is in reply to amendment filed on October 18, 2025. Claims 9 and 14 have been amended and new claims 23-34 have been added. Claims 9, 14, 23-34 are pending.
Response to Arguments
Applicant’s arguments filed October 28, 2025 with respect to 35 U.S.C 103 and Double Patenting rejections have been fully considered and are persuasive in view of amendment to the claims. The rejections have been withdrawn.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 9, 14, 24-26 and 28-33 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. Claims 9 and 26 recite a conditional language which is indefinite. Specifically claim 9 recites “in an instance in which …” and claim 26 recites “if the SIB or the MIB indicates … “ … both conditions recite a single conditional clause that renders the metes and bounds of the claim unclear since it is unclear what happens if the condition is not satisfied. Therefore, one of ordinary skill in the art would not be reasonably apprised of the scope of the claim. Amending claims 9 and 26, to include the limitations of claim 23 and 27 respectively would overcome the rejection.
Allowable Subject Matter
Claim 34 is allowed.
Claims 23 and 27 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
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 BEEMNET W DADA whose telephone number is (571)272-3847. The examiner can normally be reached Monday-Friday, 9am-5pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Joseph Hirl can be reached at 571-272-3685. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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BEEMNET W. DADA
Primary Examiner
Art Unit 2435
/BEEMNET W DADA/Primary Examiner, Art Unit 2435