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 2-5, and 7-20 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. In claim 2, on line 2, it is unclear what is being designated “a probe sampling portion” since a portion is not identified in the specification. Please include consistent language in the specification since no such “portion” language is identified. Also, on line 4, “a probe sampling portion” should read – the probe sampling portion --. In claims 4, 5 and 7, all instances of “the probe sampling area” lacks any antecedent basis and are not clear since it is not clear what “area” is being referred to. Further, on line 3 of claim 4, “the end face of the probe sampling area” and on line 4, “the outer peripheral side of the probe sampling area” is unclear and should be identified. In claim 7, again please identify “the cross-sectional radius of the probe sampling area” as there is no antecedent basis or illustration. In claim 19, “the probe sampling area”, all instances, lacks any antecedent basis.
Claim Objections
Claims 2 and 18 are objected to because of the following informalities: On line 17, “the upper surface” should probably be – an upper surface--. Also, “the constraining collision point” on lines 4-6 lacks any antecedent basis and perhaps claim 18 should be dependent on claim 4. In claim 15, on line 3, “its” should probably be – an --.
Appropriate correction is required.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the probe “housing” and probe sampling “portion” must be shown or the feature(s) canceled from the claim(s). In claim 16, a “first” and “second” inclined plate is referred to. Please clearly identify the 2 plates. No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Allowable Subject Matter
Claims 2-5 and 7-20 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. Please refer to office action of 5/23/26 for reasons for allowance of the indicated subject matter.
Response to Arguments
Applicant’s arguments with respect to claim(s) 2-5 and 7-20 have been considered but are moot because the new ground of rejection which was necessitated by the various amendments to the claims.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 NASHMIYA FAYYAZ whose telephone number is (571)272-2192. The examiner can normally be reached Monday-Thursday.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Laura Martin can be reached at (571)272-2160. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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NF
Examiner
Art Unit 2855
/N.S.F/Examiner, Art Unit 2855
/LAURA MARTIN SWEENEY/Supervisory Patent Examiner, Art Unit 2855
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