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 filed 5/30/23 are acceptable.
Claim 4 is objected to because of the following informalities: As to claim 4, “cutting speed” should read - - a shear rate - - , as the present phrasing unnecessarily confuses the claim.1 Appropriate correction is required.
Claims 1-5, 8-11 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
As to claims 1 and 11, the combination of “and constant” (lines 8-9, claim 1; line 7, claim 11), with remaining claim limitations of each claim is new.
Claims 1-5,8-11 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the enablement requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to enable one skilled in the art to which it pertains, or with which it is most nearly connected, to make and/or use the invention.
As to claims 1,11 how is “time” (line 1, claim 1; line 2 from last, claim 11) calculated? What is algorithm for any calculation? There are no examples, no reference provides for such. No experimentation with time experimentation is apparent. As to REMARKS: As to last paragraph of p. 6, Remarks itself says “calculated parameter is time. How is time calculated?
Claims 1-5,8-11 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.
As to claim 1, does “viscosity values measured” (lines 11-12) relate to the “acquisition of a plurality of viscosity data” (line 7). The term “acquisition” (line 7) does not necessarily mean measuring. The phrase “viscosity values” is not claimed as associated with “viscosity data”, let alone that data which is acquisitioned. It’s not clear how lines 10-13 specifically relate to lines 7-9, if at all. What is Applicant’s intent?
As to claim 11, does “viscosity values measured” (lines 9-10) relate to the “acquiring a plurality of viscosity data” (line 6). The term “acquiring” (line 6) does not necessarily mean measured. The phrase “viscosity values” (line 10) is not claimed as associated with “viscosity data” (line 6), let alone that data which is acquisitioned. It’s not clear how lines 10-13 specifically relate to lines 7-9, if at all.
What is Applicant’s intent?
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 ROBERT R RAEVIS whose telephone number is (571)272-2204. The examiner can normally be reached on Monday to Friday from 8am to 4pm.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kristina DeHerrera, can be reached at telephone number 303-297-4237. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ROBERT R RAEVIS/Primary Examiner, Art Unit 2855
1 Apparently, cutting speed is shear rate (Para 62), and the phrase “cutting speed” does not otherwise appear in the specification. As such, claim 4 is unnecessarily troubling.
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