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 .
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 1-10 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, Applicant claims in line 3, “a box-opening drive unit”. Examiner looks to the Specification and the Drawings as to what this component is encompassed by. Specifically, Examiner finds that Applicant states in the Specification at paragraph 18, that an embodiment of the box-opening drive unit includes a cylinder, four longitudinal drive rods, a piston rod of the cylinder, and a limit screw along with configuration of components thereof. Examiner asks, are these components, at a minimum considered to constitute the box-opening drive unit and are any other components considered to constitute the box-opening drive unit? Ultimately, this claim language is found to be indefinite as Applicant has failed to particularly point out and distinctly claim.
Claims 2-10 are rejected for depending upon claim 1 and thereby containing all of the same indefiniteness issues thereof.
Regarding claim 3, Applicant claims “said pre-dehydrating plate” in lines 1-2 and “said laying-off baffle” in line 9. Applicant previously claims in claim 1, line 14, “wherein said pre-dehydrating plate (8) and said laying-off baffle (9) each are two in number”. Examiner finds that Applicant should have accounted for two pre-dehydrating plates or two laying-off baffles and not treated said claim language to be singular. Therefore, Examiner finds this claim language to be indefinite.
Claims 4-9 are rejected for depending upon claim 3 and thereby containing all of the same indefiniteness issues thereof.
Allowable Subject Matter
Claim 1 would be allowable if rewritten or amended 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.
Claims 2-10 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.
Examiner finds that should Applicant cure the above rejections and a Notice of Allowance is issued in the next office action, surely Examiner will include a full statement of reasons for allowance therewith.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BENJAMIN LEE OSTERHOUT whose telephone number is (571)270-7379. The examiner can normally be reached 9:00am-5:00pm.
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BENJAMIN LEE OSTERHOUT
Primary Examiner
Art Unit 1711
/BENJAMIN L OSTERHOUT/Primary Examiner, Art Unit 1711