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.
Claims 1 and 13 recite the limitation “configured to visually transform as said the flowable media moves about such one or more internal visual elements in response to gravity upon adjustment of the vertical position of the housing.” There is no clear meaning for “visually transform” in the specification and drawings. A device with flowable media would inherently have visual changes by virtue of the flowing media but it is unclear how this would be able to differentiate the device from the prior art because the claimed scope is unascertainable. Therefore, claims 1 and 13 are rejected as indefinite and claims 2-12 and 14-17 are rejected for inheriting this deficiency.
Claim 1 is further rejected because it recites the limitation "the visual timer". There is insufficient antecedent basis for this limitation in the claim.
Claim 2 is rejected because it is unclear what is meant by “appear to transform or materialize”. There is no clear scope defined for “transform” or “materialize”.
Claim 8 is rejected because “at least internal visual element” is unclear. It appears this should be at least one internal visual element.
Claim 13 is rejected because “the visual timer” lacks antecedent basis.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JASON COLLINS whose telephone number is (571)270-3994. The examiner can normally be reached 9:30 AM - 6:00 PM.
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/JASON M COLLINS/ Examiner, Art Unit 2844
/EDWIN A. LEON/ Primary Examiner, Art Unit 2833