DETAILED ACTION
Election/Restrictions
Applicant's election with traverse of Invention Group I, drawn to a detonator, in the reply filed on 12/30/2025 is acknowledged. The traversal is on the ground(s) that the “search and examination of all claims would not create an undue burden on the Examiner”. This is not found persuasive because Invention Group II requires searching for the combination of the perforation gun assembly and the detonator, whereas in the elected Group I, searching for the detonator only. Searching and examining claims drawn to Group II in addition to the claims of the elected Group I would place an undue burden on the examiner.
The requirement is still deemed proper and is therefore made FINAL.
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 1-5 and 7-12 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, because the specification, while being enabling for the detonator comprising an internal wall positioned within the housing and extending in parallel relation with the first side wall, wherein the detonating capsule is configured to abut the internal wall when the detonating capsule is fully inserted into the slot of the housing, does not reasonably provide enablement for the detonator as claimed that does not comprise the internal wall. The specification does not enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the invention commensurate in scope with these claims. The applicant’s specification has not disclosed an embodiment of the detonator that does not comprise the internal wall as described above for retaining the detonator capsule within the slot in the first side wall of the housing.
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 1-12 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.
In claims 1-5 and 7-12, it is unclear how the detonating capsule is successfully retained in the slot in the first side wall, absent the disclosed internal wall also being recited. The detonating capsule is configured to abut the internal wall when the detonating capsule is fully inserted into the slot of the housing. Absent the internal wall being recited, there is no other structure to retain the detonating capsule within the slot in the first wall of the housing (see Fig. 2B).
Claims 1-5 and 7-12 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being incomplete for omitting essential elements, such omission amounting to a gap between the elements. See MPEP § 2172.01. The omitted elements are: an internal wall positioned within the housing and extending in parallel relation with the first side wall of the housing.
Claims 1-5 and 7-12 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being incomplete for omitting essential structural cooperative relationships of elements, such omission amounting to a gap between the necessary structural connections. See MPEP § 2172.01. The omitted structural cooperative relationships are: the detonating capsule is configured to abut the internal wall when the detonating capsule is fully inserted into the slot of the housing.
Allowable Subject Matter
The following is a statement of reasons for the indication of allowable subject matter: the detonator comprising an internal wall positioned within the housing and extending in parallel relation with the first side wall, wherein the detonating capsule is configured to abut the internal wall when the detonating capsule is fully inserted into the slot in the first side wall of the housing.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. see the attached PTO-FORM 892.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JAMES S BERGIN whose telephone number is (571)272-6872. The examiner can normally be reached M-F 9am - 5am.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Troy Chambers can be reached at 571-272-6874. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JAMES S BERGIN/Primary Examiner, Art Unit 3641
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