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
Claims 3,4,6-11 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.
As to claims 9,11, lines 2-4 are confusing because they separately call for “a weight measuring device” 6, “a storage device” 8d,e and “a display device” 8g, but the weight measuring device is disclosed as including the storage and display device. In effect, the claim includes 2 storage devices and 2 display devices, which is not consistent with the specification/drawings. The specification/drawings indicate suggest - - a weight measuring device includes a storage device and a display device - - , while claims 9,11 suggest otherwise.
As to claims 9,11, “a display” (line 2 from last) should read - - the display - - , because the specification/drawings call for one display 8g. Otherwise, one of ordinary skill would misinterpret the claims as if the device had multiple displays.
No Art Rejection was Applied
No art rejection was applied against any of the claims. Note was made of the combination of the last 2 lines of claim 9, and the last 3 lines of claim 11, in combination with remaining limitations of each of those two respective claims. Note was made of the problem solved per Paragraphs 46 and 47 of Applicant’s publication.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ROBERT R RAEVIS whose telephone number is (571)272-2204. The examiner can normally be reached on Mon to Fri from 8am to 4pm.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kristina DeHerrera, can be reached at telephone number 303-297-4237. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of an application may be obtained from Patent Center. Status information for published applications may be obtained from Patent Center. Status information for unpublished applications is available through Patent Center to authorized users only. Should you have questions about access to the USPTO patent electronic filing system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free).
Examiner interviews are available via a variety of formats. See MPEP § 713.01. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) Form at https://www.uspto.gov/InterviewPractice.
/ROBERT R RAEVIS/Primary Examiner, Art Unit 2855