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 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 1-7 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.
Re Claim 1, it is unclear what the metes and bounds of “an intrinsic physical property” is as this could be basically any property. It is also unclear what “based on a Hansen solubility parameter” means as based on is extremely broad.
Claims 2-7 are rejected as they depend from Claim 1 without curing the deficiency.
Re Claims 2-4, the “when…” language makes unclear whether these are positively claimed elements, as they don’t have to be triggered. Similarly, it is unclear whether “represented” and “referred to” add anything to the claim.
Re Claims 5 and 7, it is unclear what the metes and bounds of “substantially simultaneously” means.
Re Claims 1-7, it is also unclear whether a 35 USC 101 rejection should be made (because it is unclear what is being claimed, the determination has not been made), because measuring (or obtaining which is even broader) and selecting, and even “applying” doesn’t seem to impart any (transformative) steps that are considered patentable classes.
Further examination on the merits is precluded in light of the unascertainable claim scope.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JASON Y KO whose telephone number is (571)270-7451. The examiner can normally be reached M-F: 9:00-6:00.
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JASON Y. KO
Primary Examiner
Art Unit 1711
/JASON Y KO/Primary Examiner, Art Unit 1711