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 . In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
Claim Objections
Claims 27, 32, and 38 are objected to because of the following informalities: In claim 27, line 3, ‘or the semi-rigid cable’ should be inserted after “coaxial cable”; In claims 32 (lines 2 and 6) and 38 (lines 2 and 6), ‘coaxial or’ should be inserted before each occurrence of “semi-rigid”. Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 22-41 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.
Claim 22 recites the limitation “a protrusion installed on the insulator, the protrusion being installed on the inner surface opposed to the microwave reception antenna”. However, due to the chosen terminology, it appears as though the protrusion is installed on both the insulator and the inner surface of the microwave application antenna (even though the insulator is already disposed on the inner surface of the microwave application antenna). There does not appear to be sufficient support for this claim language in Applicant’s disclosure. Applicant is encouraged to replace “insulator, the protrusion being installed on the inner surface opposed” with -in opposition- (or something comparable).
It should be noted that all other cited claims have been rejected for being dependent upon a rejected base claim.
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 22-41 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.
Claim 22 is found to be indefinite because Examiner is unsure of what is meant by the limitation “a holder”. More specifically, the scope of the claim is unclear, since this “holder” has not been clearly tied to the rest of the instrument. Applicant is encouraged to amend this limitation to recite ‘a holder between the microwave reception antenna and the microwave application antenna at their respective terminal ends’ (or something comparable).
Claim 22 is found to be indefinite because Examiner is unsure of what is meant by the limitation “the inner surface being present on an inner side of the holder”. More specifically, the scope of the claim is unclear since this “inner side” has not been defined, and since the meaning of the limitation “present on” is also unclear. Applicant is encouraged to delete this limitation, or to clarify the relationship between the inner surface of the microwave application antenna and the inner side of the holder. It should be noted that “the inner side” (claim 22, line 13) should be replaced with -an inner side- if this limitation is deleted.
Claims 32 and 38 (line 2) recite the limitation "the terminal ends of the center conductor and the outer conductor". There is insufficient antecedent basis for this specific limitation in the claims. Applicant is encouraged to replace “terminal” with -distal- in both claims.
It should be noted that all other cited claims have been rejected for being dependent upon a rejected base claim.
Allowable Subject Matter
Claims 22-41 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112 set forth in this Office action.
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 THOMAS ANTHONY GIULIANI whose telephone number is (571)270-3202. The examiner can normally be reached Mon - Fri 9:00-5:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Joanne Rodden can be reached at 303-297-4276. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/THOMAS A GIULIANI/Primary Examiner, Art Unit 3794
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