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 .
Claims 1-2,4,6-7,9,11-18,20-23,25,27 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 1, it’s not clear how one “chromatographic column and comprises a boiling point column 40 and a sulfur column 41, especially as there is a valve in-between the boiling and sulfur columns. Is the valve in Figure 4 part of the chromatographic column too? How is the “chromatographic column” defined for purposes of this application? Note that the chromatographic system includes that valve (per claim 13), so maybe it is the - - chromatograph column system - - that includes the boiling and sulfur columns.
As to REMARKS, consider:
As to the Paragraph I. ii of p. 13; claim 1 is an apparatus claim. The phrase calls one column comprising 2 different columns that are not connected together. Tagging structure “generic” as a means to overcome claim confusion cannot serve to overcome 35 USC 112(b) is this instance. Please reconsider the rejection.
The prior art does not teach the combination of the two boiling point and sulfur columns in combination with remaining claim limitations of claim 1.
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
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