DETAILED ACTION
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 1/15/2026 has been entered.
Claims 1-20 remain pending in the application.
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 1-16 and 20 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. Independent claims 1 and 12 recite “die block disposed between the bulk material and sample collection chambers and forming a fixed wall relative to the bulk material and sample collection chambers”. However, the original specification does not mention the die block forms a fixed wall relative to the bulk material chamber and the sample collection chamber (see para 0068-0071 of PGPub of the instant application). The specification only describes how the die block walls forms a part of the walls of the bulk material chamber and sample collection chamber but not that die block wall is fixed relative to the two chambers.
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 1-16 and 20 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 pre-AIA the applicant regards as the invention.
Regarding claims 1 and 12, the limitation “die block disposed between the bulk material and sample collection chambers and forming a fixed wall relative to the bulk material and sample collection chambers” is vague and unclear because the specification does not clearly describe the wall of the die block being fixed relative to the bulk material chamber and sample collection chamber. Therefore, it is unclear how the invention will perform when the die block wall is fixed relative to the bulk material and sample collection chambers.
Claim 20 recites the limitation “the bulk sample chamber”. There is insufficient antecedent basis for this limitation in the claim. Examiner assumes the above limitation is referring to the bulk material chamber of claim 1.
Claims 2-11 and 13-16 are rejected for depending on a rejected claim.
Reasons for Allowance
The following is an examiner’s statement of reasons for allowance:
Claims 17-19 are allowed.
Claims 17-19 are allowed for reasons stated in Office action dated 6/11/2025).
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Examiner Notes
There are no prior art rejections.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MOBEEN AHMED whose telephone number is (571)272-0356. The examiner can normally be reached on Mon-Fri 11am to 7pm.
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/M.A/Examiner, Art Unit 3731
/VERONICA MARTIN/Primary Examiner, Art Unit 3731
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