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 1,3,5,13 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
As to claim 1, the combination of “a color comparison table disposed on at least a portion of the first or the second mechanism” (italics added, lines 6-7) with remaining limitations is new. (Such quoted passage may be related to Para 61 (Pub) and Figures 10,11, which pressure sensor is fundamentally different from elected Figure 3(a).)
As to claim 5, the combination of “a color comparison table disposed on at least a portion of the first or the second mechanism” (italics added, lines 7-8) with remaining limitations is new. (Such quoted passages appear to refer to Para 61 (Pub) and Figures 10,11, which pressure sensor is fundamentally different from elected Figure 3(a).
As to claim 5, the combination of “the third and the fourth mechanisms” (line 2 from last) mechanisms is either new by itself, or new in combination with remaining claim limitations is new.
As to claim 5, combination of attachments (to all 4) claimed mechanisms is new.
As to claim 13, the combination of “a color comparison table disposed on at least a portion of the first or the second mechanism” (italics added, lines 8-9) with remaining limitations is new. (Such quoted passages appear to refer to Para 61 (Pub) and Figures 10,11, which pressure sensor is fundamentally different from elected Figure 3(a).
As to claim 13, combination of “a third mechanism … color conversion film” (lines 6-7) is either new by itself, or new in combination with remaining claim limitations.
As to claim 13, combination of attachments (to all 4) claimed mechanisms is new.
Claim Rejections - 35 USC § 112
Claims 5,13 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 claim 5, “the third” and “the fourth” mechanisms were never initially introduced into claim 5. Also, it not apparent what each of the “third” and “fourth” correspond to in elected Figure 3(a) is unknown.
As to claim 13, it’s not clear what the “third” and “fourth” mechanisms are in elected Figure 3(a).
As to REMARKS, consider;(
As to p. 8; claim 8 is not so similar to claim 1. Claim 8 is directed to the non-elected pressure sensor that has “sealed inner space” that is only directed to non-elected Figures 9,10). Claim 1 is directed to Figure 3(a) with attachments. Similar in some ways, but clearly not.
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Alley 4,018,085 teach employs a color dot on an extensometer. However, such is not a table.
Stotland et al 9,662,043 teach (Figure 7) color coded indicia on a gauge. Such is not a table, and does not suggest employing such in displacement meter.
Check 5450678 teaches employing color coded bands or indicia on a measuring instrument.
Mitari et al JP H0579927 teach storing reference colors in the memory device of a strain sensing device.
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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.
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/ROBERT R RAEVIS/ Primary Examiner, Art Unit 2855
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