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.
Claim 73-109 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 claim 73, the phrase “cooling agent” renders the claim indefinite because it is unclear whether the limitation encompasses any liquid, gas or solid cooling medium (e.g. slurry of ice and water, chilled water). The absence of clear boundaries renders the claim indefinite.
Likewise in claim 73, the phrase “flow path” renders the claim indefinite because the recitation “first flow path” and “second flow path” lack clarity as to whether these are structural conduits, pipes, pipelines or merely conceptual movement of fluid. Because the term “flow path” does not connote a definite structure, the claim fails to particularly point out the invention.
Additionally, in claim 73, the phrase “a laden quantity of cooling agent” is unclear and subjective. It is not apparats whether “laden” refers to concentration, volume, weight, or merely the presence of trichomes. The lack of subjective boundaries renders the limitation indefinite.
Likewise, in claim 73, the phrase “at least some trichomes” is vague and essentially encompasses any non-zero amount including trivial or trace amounts. This introduces uncertainty into the scope of protection and renders the claim indefinite.
Furthermore, in claim 73, the phrase “a first stream of material derived from the filtrate”, specifically the term “derived from” is indefinite as it fails to specify what processing, modification or separation occurs in deriving the first stream from the filtrate. It is unclear whether the material is a liquid portion, solid fraction, or some other constituent.
Allowable Subject Matter
Claims 73-109 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TERRELL HOWARD MATTHEWS whose telephone number is (571)272-5929. The examiner can normally be reached Monday thru Friday; 8:00 AM - 4:30 PM EST.
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/TERRELL H MATTHEWS/Primary Examiner, Art Unit 3653