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 1-21 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.
Claim 1 is indefinite because the grammatical structure of the phrase “in the blood vessels reflecting off different ones of the wavelengths”. It is unclear how blood vessels can reflect off wavelengths. Claims 7 and 12 are indefinite for the same reasons as claim 1.
Claims 2 and 8 are indefinite because the improper Markush group renders the claims unclear.
Claims 1-21 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 enablement requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to enable one skilled in the art to which it pertains, or with which it is most nearly connected, to make and/or use the invention.
Claims 1, 7, and 12, recite “in the blood vessels reflecting off different ones of the wavelengths” (cited from claim1). It does not appear possible that blood vessels can reflect off wavelengths. Consequently, the present claims do not appear enabled. All of the Wands factors support a finding of enablement because it does not appear a blood vessel can reflect off a wavelength as the blood vessels do not appear to be moving in the present context.
Conclusion
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/RAJEEV P SIRIPURAPU/Primary Examiner, Art Unit 3798