DETAILED ACTION
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 1-11 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.
Regarding to claim 1:
First of all, the claims recite a flowmeter comprising an intermittent circuit (one intermittent circuit), but the steps/acts of the claim body cite a plurality of intermittent circuits (on line 4, line 9, line 14). It is unclear if they are all in the same flowmeter or different flowmeters.
In the step of “running the circuit to be run if a sum of the second power and the third power is greater than or equal to the first power” (lines 11-12), it is unclear whether the cited circuit in this step is the one with a highest priority (line 4) or that with lower priority (lines 9-10).
In the step of “obtaining the first priority and the firsts power of the circuit to be run” on lines 15-16, it is unclear if this first priority and this first power are the same as ones cited on line 6. It is however, the first priority and the first power (cited on line 6) are of the circuit with the highest priority (line 4), while the first priority and the first power (cited on line 15-16) are of the circuit with the priority lower than the priority of the circuit to be run (lines 14-15).
Finally, on lines 13-15, in the act of “obtaining from the application list, an intermittent circuit with a priority lower than the priority of the circuit to be run”, it is unclear which circuit is “the circuit to be run”.
Regarding to claim 9:
On lines 15-16, in “run the circuit to be run through the power supply control circuit if a sum of the second power and the third power is greater than or equal to the first power”, it is unclear which circuit is the circuit to be run.
Claims 2-8, 10-11 are rejected because they depend on claim 1 or 9.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 LAM S NGUYEN whose telephone number is (571)272-2151.
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, DOUGLAS RODRIGUEZ, can be reached on 571-431-0716. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/LAM S NGUYEN/ Primary Examiner, Art Unit 2853
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