DETAILED ACTION
The listing of references in the specification is not a proper information disclosure statement. 37 CFR 1.98(b) requires a list of all patents, publications, or other information submitted for consideration by the Office, and MPEP § 609.04(a) states, "the list may not be incorporated into the specification but must be submitted in a separate paper." Therefore, unless the references have been cited by the examiner on form PTO-892, they have not been considered.
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.
The term “Unique” in claim 1 is a relative term which renders the claim indefinite. The term “Unique” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. It is not clear how this term limits the structure of the device. Appropriate correction is required.
Claim 2 is rejected as failing to define the invention in the manner required by 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph.
The claim is in narrative in form and replete with indefinite language. The structure which goes to make up the device must be clearly and positively specified. The structure must be organized and correlated in such a manner as to present a complete operative device. The claim(s) must be in one sentence form only. Note the format of the claims in the patent(s) cited. Claim 2 includes only functional language and no structure. Thus claim 2 cannot be examined.
In re claim 3, the language “a full spherically configured magnetic flux concentrators” is indefinite because it is not clear whether one of multiple concentrators are being claimed.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1 and 3 is/are rejected under 35 U.S.C. 102a1 as being anticipated by Shachar (US 8027714).
In re claim 1, Shachar, in figures 1-36, discloses a configuration of magnets or electromagnets (110,116,115) arranged on the inside surface of a spherical (105, interpreted as having a shape related to a sphere) housing.
In re claim 3, Shachar, in figures 1-36, discloses two hemispherical housings (105, interpreted as having a shape related to a sphere) with attached electromagnets (110,116,115) wound with tapered cylindrical windings mounted together to form a full spherically configured magnetic flux concentrators (as seen in the figures; figures 1,13-14, 22E, 26D show the best views of the claimed configuration).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. A list of pertinent prior art is attached in form PTO-892.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Alexander Talpalatski whose telephone number is (571)270-3908. The examiner can normally be reached 10 AM - 6 PM PT.
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/Alexander Talpalatski/Primary Examiner, Art Unit 2837