DETAILED ACTION
Claims 1-2, 13-14, 18, and 21-35 are pending.
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.
Allowable Subject Matter
Claims 1, 13-14, and 21-27 are allowed.
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 2, 18, and 28-35 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 2 recites the limitation "the key blank". There is insufficient antecedent basis for this limitation in the claim. For examination purposes, Examiner assumes that “the key blank” is “the clamped key blank”.
Claim 18 recites the limitation "the key blank". There is insufficient antecedent basis for this limitation in the claim. For examination purposes, Examiner assumes that “the key blank” is “the clamped key blank”.
Regarding claim 28, the metes and bounds of the limitations “a clamped key blank”, “a clamped key blank”, “the clamped key blank”, “the key blank” are unclear. Are these key blanks the same or different? For examination purposes, Examiner assumes that all of the key blanks are the same – “a clamped key blank” for the first recitation and “the clamped key blank” for the remaining recitations.
Regarding claim 29, the metes and bounds of the limitation “a clamped key blank” is unclear. Is the clamped key blank the same or different form the clamped key blank in claim 28? For examination purposes, Examiner assumes that the key blanks are the same – “the clamped key blank”.
Claims 30-33 depend, directly or indirectly, from independent claim 28 and are rejected based on their dependency thereto.
Regarding claim 34, the metes and bounds of the limitations “a key blank”, “a key blank”, “a clamped key blank”, “the clamped key blank”, “the key blank” are unclear. Are these key blanks the same or different? For examination purposes, Examiner assumes that all of the key blanks are the same – “a clamped key blank” for the first recitation and “the clamped key blank” for the remaining recitations.
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claim 35 is rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends. Claim 35 depends from claim 22 and claim 22 depends from claim 21 and claim 21 depends from claim 1. Claim 35 includes two limitations – “determining . . .” and “adjusting . . .”. Claim 1 also includes the same two limitations – “determining . . .” and “adjusting . . .”. Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements. For examination purposes, Examiner assumes that claim 35 is supposed to depend from independent clam 34. Independent claim 34 does not include the two limitations – “determining . . .” and “adjusting . . .”.
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.
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/Christopher E. Everett/Primary Examiner, Art Unit 2117