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 .
Claim Objections
The claims are objected to because of the following informalities:
Claim 7, line 4 reads “12,000.” and should read –12,000 r/min.--
Appropriate correction is required.
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 1-10 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.
In claims 1-10, the term “type” in the phrase “telescopic push-pull vibrating-shaking type” renders the claim scope indefinite. Specifically, the term “type” extends the scope of the “telescopic push-pull vibrating-shaking” in a manner that does not have clear metes and bounds, so as to render the claim scope indefinite. Similarly, it is what the term “type” is intended to convey.
Claim 2 recites the limitation "a telescopic rod fixing hole" in the final line of the claim.
However, it is not clear if this is the same component as “a telescopic rod fixing hole" set forth in claim 1 line 7. Specifically, it is unclear if these components are one and the same, or two different fixing holes altogether.
The terms “high performance” and “special” in claim 10 are a relative terms which render the claim indefinite. The term “high performance” and “special” are not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention.
Allowable Subject Matter
Claims 1-10 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US 20130199812 A1 discloses a vibrating harvesting machine having a hook.
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/MADELINE I RUNCO/ Examiner, Art Unit 3671
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