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 .
Claims 2-21 are pending in this application.
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 2-21 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.
(1) In independent claim 2, it appears that a word is missing in line 3. The phrase “adduct having a molecular weight than the agent alone” is not comprehensible.
(2) In claim 12, “is4-oxo …” a space is required after “is.”
(3) In independent claims 2 and 13, “polymeric bulking group” is indefinite. It is unclear what type of polymer would be within the scope or outside the scope of this terminology to qualify or not qualify as a “bulking group.”
(4) Claims 13-21 are directed to a “pest control device” (emphasis added), but the device appears to be a monitoring device rather than a control device. There does not seem to be a control element. The claims are confusing for this reason.
Dependent claims are included in this ground of rejection because they do not cure the deficiency of the independent claims.
CN 1077030181 is cited to further show the state of the art. This document discloses a pest monitoring system that uses a quartz crystal microbalance sensor for measuring weight change due to the release of a chemical from a pest. However, the document does not disclose or suggest the claim-recited “agent” and “adduct” of the instant application. See instant claims 2 and 13.
Any inquiry concerning this communication or earlier communications from the Examiner should be directed to JOHN PAK whose telephone number is (571)272-0620. The Examiner can normally be reached on Monday to Friday from 8:30 AM to 5 PM.
If attempts to reach the Examiner by telephone are unsuccessful, the Examiner's SPE, Fereydoun Sajjadi, can be reached on (571)272-3311. The fax phone number for the organization where this application or proceeding is assigned is (571)273-8300.
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/JOHN PAK/Primary Examiner, Art Unit 1699
1 Machine translation is provided herewith.
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