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 .
112(b)
Claims 1-3,5-7,9,11-12,15,17,19-21,23-28 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 1-3,5-7,11-12,15,17,19-21,23-28; what defines a “module”? Specification devices, so a module must be something different from a device. What is Applicant’s position?
ADRESSING REMARKS
As to the top paragraph of page 9 of REMARKS, consider:
Suggesting that a sampling module is “equivalent” to a sampling device maintains uncertainty1. This application employs 2 terms (i.e. device and module). The term device by itself is not in issue; the term module is uncertain/undefined in the instant application. Different terms have different meanings. Specification lists many different (i.e. 2 different sampling modules, power module, measurement module) and employs the term device. One of ordinary skill recognizes a “module” to have many different meanings (i.e. individually replaceable unit, an individually intact unit by itself (at least at one time)), but the disclosure did not provide a distinction between the terms device and module. That the term module has a narrower connotation than the broader term device, so what might that be for purposes of understanding metes and bounds of the claims?
COMMENT
As to method claim 20, note was made that the prior art does not teach the combination of “operating the actuation system … of the body of water” (lines 11-14), with remaining claimed steps.
CONCLUSION
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.
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/ROBERT R RAEVIS/Primary Examiner, Art Unit 2855
1 Nowhere in the specification is something tagged a “a sampling device”.