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 .
Application Status
This action is responsive to the claims filed 6 July 2026.
Claims 1, 2, and 4-16 are currently pending and being examined.
Claim Objections
Claim 1 is objected to because of the following informalities:
Claim 1 line 21 recites “form” but should read “from”.
Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1, 13, and their dependents 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. The following claim limitations were not disclosed in the originally filed claims, specification, or drawings.
Claim 1 recites “a container conveyor configured to transport the containers along a conveying path and to intermittently index each of the containers to a filling position and hold each container stationary at the filling position in alignment with the narrower outlet potion of a respective funnel-shaped conveying member so as to receive the incoherent fibrous material delivered therethrough.” The specification merely states that the containers 100 are transported on shuttles 207, there is nothing about intermittently indexing or holding the containers stationary at the filling positions. Therefore, the limitation is new matter.
Claim 13 recites “transporting the containers along a conveying path, intermittently indexing each of the containers to a filling position, and holding each container stationary at the filling position in alignment with the narrower outlet portion of a respective funnel-shaped conveying member so as to receive the incoherent fibrous material delivered therethrough.” The specification merely states that the containers 100 are transported on shuttles 207, there is nothing about intermittently indexing or holding the containers stationary at the filling positions. Therefore, the limitation is new matter.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1, 2, and 4-16 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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 KATIE L GERTH whose telephone number is (303)297-4602. The examiner can normally be reached Monday-Thursday 9am-4pm (CT).
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/KATIE L GERTH/Examiner, Art Unit 3731
/SHELLEY M SELF/Supervisory Patent Examiner, Art Unit 3731
