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 1-16 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.
Both of claims 1 and 9 include “the at least one serpentine flow path disposed toward a midline of the feed trough and the at least one perimeter flow path disposed outwardly of the at least one serpentine flow path.” This renders the claims indefinite as at least a portion of the perimeter flow path (adjacent the open end of the trough) crosses the midline and is not outward of the serpentine flowpath (with respect to the midline) in this area. It is unclear what is required by the claim given the relative positions of the two flowpaths varies at different locations along the trough. It may be helpful to define a portion of the perimeter flow path running parallel to the midline of the trough as this part of the perimeter flowpath is disposed outward of the serpentine path with respect to the midline. Clarification is necessary.
The term “generally” in claims 2 and 10 is a relative term which renders the claim indefinite. The term “generally” 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. The required relationship between the perimeter flow path and the spacers is not clear.
Allowable Subject Matter
Claims 17-20 are allowed.
Claims 1-16 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.
The following is a statement of reasons for the indication of allowable subject matter: the configuration of the two arcuate plates being connected to one another by multiple spacers each of which has an arcuate cross section differentiates the claims from the prior art when considered in combination with the other limitations of the claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The cited prior art show other trough with integrated channels/pathways for fluid flow.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MARK C HAGEMAN whose telephone number is (571)272-5547. The examiner can normally be reached Mon-Fri 8:15-4:45 (PST).
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Saul Rodriguez can be reached at 571-272-7097. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MARK C HAGEMAN/Primary Examiner, Art Unit 3652
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