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 .
Specification
Applicant is reminded of the proper language and format for an abstract of the disclosure.
The abstract should be in narrative form and generally limited to a single paragraph on a separate sheet within the range of 50 to 150 words in length. The abstract should describe the disclosure sufficiently to assist readers in deciding whether there is a need for consulting the full patent text for details.
The language should be clear and concise and should not repeat information given in the title. It should avoid using phrases which can be implied, such as, “The disclosure concerns,” “The disclosure defined by this invention,” “The disclosure describes,” etc. In addition, the form and legal phraseology often used in patent claims, such as “means” and “said,” should be avoided.
The abstract of the disclosure is objected to because of the phrase “The present invention provides”. A corrected abstract of the disclosure is required and must be presented on a separate sheet, apart from any other text. See MPEP § 608.01(b).
The disclosure is objected to because of the following informalities: In the specification, on page 11, paragraph [0026], on lines 9-12, applicant states “When the electric telescopic rod 13 is opened, Torreya grandis 'Merrillii's and pericarp can be dropped to the upper side of the first antirust horizontal separating net 4, and smaller pericarp can be dropped into the first antirust horizontal separating net 4 by spraying water”; however, it appears that it should read --When the electric telescopic rod 13 is opened, Torreya grandis 'Merrillii's and pericarp can be dropped to the upper side of the second antirust horizontal separating net 5, and smaller pericarp can be dropped into the first antirust horizontal separating net 4 by spraying water.-- This assumption is made based on the drawings, how it appears the device is to function and the fact that Torreya grandis/pericarp is dropped on one surface and then to another surface and it appears that this can only occur on a drop onto “the second antirust horizontal separating net 5” and subsequently onto “the first antirust horizontal separating net 4”.
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.
Claims 1-5 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.
Claims 1-5 are replete with errors under 35 USC 112 too numerous to mention specifically; however, examples of those errors are as follows:
In claim 1, line 3, “the inner surface” appears to lack proper antecedent basis.
In claim 1, lines 4-5, “the first antirust horizontal separating net” appears to lack proper antecedent basis.
In claim 1, lines 6-7, “the second antirust horizontal separating net” appears to lack proper antecedent basis.
In claim 1, line 7, “the bottom inner wall” appears to lack proper antecedent basis.
In claim 1, line 9, “the output end of the water pump” appears to lack proper antecedent basis.
In claim 1, lines 11-12, “the output end of the servo motor” appears to lack proper antecedent basis.
In claim 1, line 13, “the upper surface” appears to lack proper antecedent basis.
In claim 1, on several occurrences the applicant employs the phrase “far away” (i.e., lines 19-20: “…one end of the first antirust metal transverse supporting rod (11) far away from the outer rectangular water container (1)…”; and lines 21-22: “…one end of the second antirust metal transverse supporting rod (12) far away from the outer rectangular water container (1)…”). As employed, the phrase is inherently unclear in that “far away” is a relative term and does not allow one to determine the metes and bounds of the claimed subject matter (i.e., it is impossible to determine the scale of “far away” which could be inches, feet or miles apart). The lack of clarity renders the claimed subject matter indefinite.
Note: A similar issue exists in claim 2 with “distributed left and right” (lines 15-16) and “distributed back and forth” (line 17) in that it is not known as to what the respective distribution is relative too.
In claim 2, on lines 7, 10 and 12, respectively, each of “the first cavity”, “the second cavity” and “the third cavity” appear to lack proper antecedent basis.
In claim 2, lines 3-4 and 5, both of the first side unpacking door” and “the second side unpacking door” appear to lack proper antecedent basis.
Note: As mentioned above, these are only examples of errors under 35 USC 112 and each claim should be revisited and revisited as necessary.
Allowable Subject Matter
Claim 1 would be allowable if rewritten or amended to overcome the rejections under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
Claims 2-5 would be allowable if rewritten to overcome the rejections 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.
The following is a statement of reasons for the indication of allowable subject matter: The prior art does not disclose or fairly suggest a device for peelings, screening and cleaning Torreya grandis wherein the device comprises in combination with other claimed features/limitations a rectangular water container having enclosed therein first and second antirust horizontal separating nets, a soft and hard water piping assembly including a pump and servo motor capable of conveying pressurized water though the piping assembly and across the first and second nets and a cleaning box attached to the rectangular container, the cleaning box having a conical table enclosed therein wherein the conical table rotates and further includes a plurality of metal wires.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Lange (USP 4,621,573) discloses an apparatus for cleaning fruits and vegetables.
Wilkins (USP 11,744,185) discloses a method and apparatus for separating flowers from stalks.
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/ROBERT E PEZZUTO/Examiner, Art Unit 3671