DETAILED ACTION
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 .
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 allowance or after an Office action under Ex Parte Quayle, 25 USPQ 74, 453 O.G. 213 (Comm'r Pat. 1935). 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, prosecution in this application has been reopened pursuant to 37 CFR 1.114. Applicant's submission filed on 06/02/2026 has been entered.
Response to Amendment
This office action is in response to the RCE and amendments filed 05/29/2026 and 06/02/2026. As directed by the amendments: claim 21 has been amended and the specification has been amended.
Specification
The amendments to the specification were received on 05/29/2026 and are accepted.
Claim Objections
Claim 22 is objected to because of the following informalities: “the operation of the electric actuator and the operation of the variable choke” should read --an operation of the electric actuator and an operation of the variable choke--. Appropriate correction is required.
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.
Claim 22 is 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.
Regarding claim 22, the limitation “the variable choke configured to fail in the closed position upon an absence of an electric actuator movement” is unclear and indefinite. It is unclear and indefinite what is meant by “configured to fail”. Furthermore, “an electric actuator movement” is unclear and indefinite. It is unclear and indefinite if there is a different electric actuator or if the claim is referring to the movement of the previously claimed electric actuator. For examination purposes, the limitation will be read as --a movement of the electric actuator--.
Allowable Subject Matter
Claims 1, 3-5, 7, 9, and 21 are allowed.
Claim 22 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KELSEY E CARY whose telephone number is (571)272-9427. The examiner can normally be reached Monday-Friday 9:30am-5:30pm.
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/KELSEY E CARY/Primary Examiner, Art Unit 3753
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