Detailed Office 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
2. 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.
3. Claims 1-6 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.
Firstly, within line 2 of claim 1, it is unclear that the language denoted by “assuming” constitutes definitive, operative claim limitations. It is not seen that an assumption constitutes a definite limitation.
Secondly, within claims 1 and 5, the use of “when” renders the claims indefinite, because the use of “when” suggests an undefined time frame with respect to when the language/limitations after “when” are operative or applicable. As such, it is unclear if or too what extent the language/limitations constitute definitive limitations for the full scope of the claimed invention.
Examiner’s Comment with Respect to the Prior Art
4. To the extent the examiner has been able to interpret the claims considering the indefiniteness issues set forth above, it is noted that the prior art fails to disclose non-foamed bodies comprising polyurethane that satisfy the claims with respect to the Marten hardness limitations, the index value Kω limitations, and the erosion rate limitation.
Conclusion
5. Any inquiry concerning this communication or earlier communications from the examiner should be directed to Rabon A Sergent whose telephone number is (571)272-1079. The examiner can normally be reached on Monday through Friday from 9:00 AM until 5:00 PM, ET.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Heidi Riviere Kelley, can be reached at telephone number 571-270-1831. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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Examiner interviews are available via a variety of formats. See MPEP § 713.01. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) Form at https://www.uspto.gov/InterviewPractice.
/RABON A SERGENT/ Primary Examiner, Art Unit 1765
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