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 1-24 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 per claim 1, line 2, “an optical monitoring device, in particular a motorized monitoring device” and line 15, “preferably by means of a friction drive” is indefinite because the intended scope of the claim is unclear.
In claim 4, “first and second rotary parts” is unclear if one of the rotary parts is the same rotary part in the parent claim 1.
As per claim 23, “motorized monitoring device, in particular an optical monitoring device” is indefinite because the intended scope of the claim is unclear.
Dependent claim 2-24 are rejected due to deficiencies from the parent claim.
See MPEP 2173.05(d).
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1, 4 are rejected under 35 U.S.C. 102(a)(1) and (2) as being anticipated by Kazadi (US Patent 8149079).
As per claim 1, Kazadi teaches removable fitting frame including a cage (4, 10 - referring to Fig 2, hereafter) for inspecting components (col. 2, lines 10-41). The cage has component support (9) mounted inside the cage. The rotary part (3) is connectable (and linked) to the rotary element (2) such that the rigid cage can rotate synchronously with the component support (9) about central axis of rotation. The cage is mounted on an optical monitoring device (1, 11, 6).
As per claim 4, the first and second rotary parts (3, 8) correspond to first and second rotary elements (2, 7).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOHN E BREENE whose telephone number is (571)272-4107. The examiner can normally be reached Monday to Friday.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Andrea Wellington can be reached at (571)272-4483. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JOHN E BREENE/ Supervisory Patent Examiner, Art Unit 2855
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