DETAILED ACTION
Claims 1-2, 4-11, 14, 16, and 20 are currently pending.
Claims 3, 12-13, 15, and 17-19.
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 .
Response to Arguments
I. Objections
Examiner agrees the current amendment overcomes all previous objections to the drawings, specification, and claims. The original objections are withdrawn. New claim objections with response to claim 1 are below.
II. 35 U.S.C. 112(b)
Examiner agrees the current amendment overcomes all rejections under 35 U.S.C. 112(b), the rejections are withdrawn. However, upon further consideration there are new rejections under 35 U.S.C. 112(b) are below.
III. 35 U.S.C. 101
Examiner agrees the current amendment overcomes all rejections under 35 U.S.C. 101, the rejections are withdrawn.
IV. Prior art
Examiner agrees the current amendment overcomes the prior art of record, all previous rejections are withdrawn.
Claim Objections
Claim 1 is objected to for the following typographical error, there is an errant period in line 15. Correction is required. Screenshot provided for clarity.
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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 1-2, 4-11, 14, 16, and 20 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.
Regarding claim 1, the term “most values” in lines 18 and 20 is a relative term which renders the claim indefinite. The term “most values” 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. For the purpose of examination, the Examiner is interpreting this as values of the given attribute, or plurality of given attributes.
Claims 2, 4-11, 14 and 16 depend from claim 1 and fail to remedy the indefiniteness of claim 1.
Regarding claim 20, the term “most values” in lines 19 and 21 is a relative term which renders the claim indefinite. The term “most values” 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. For the purpose of examination, the Examiner is interpreting this as values of the given attribute, or plurality of given attributes.
Allowable Subject Matter
The claims are not rejected under the prior art and would be in condition for allowance if the above objections and rejections were overcome.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Molly K Wilburn whose telephone number is (571)272-3589. The examiner can normally be reached Monday-Friday 8am-4pm.
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/Molly Wilburn/Primary Examiner, Art Unit 2666
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