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
Claims 5, 7, 8, and 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.
Claim 5 recites the limitation "the device" in line 4. There is insufficient antecedent basis for this limitation in the claim.
Regarding claim 7: It is unclear if the method of claim 5 is incorporated into the limitations. If the method of claim 5 is not incorporated, how can an additional step be performed? What does it mean that an impact tool is “corresponding to the receptacle”? Claim 7 recites the limitation "the receptacle" in line 3 and “the partition wall” in line 5. There is insufficient antecedent basis for this limitation in the claim.
Claim 8 recites the limitation "the device" in line 3. There is insufficient antecedent basis for this limitation in the claim.
Regarding claim 10: It is unclear if the method of claim 8 is incorporated into the limitations. If the method of claim 8 is not incorporated, how can an additional step be performed? What does it mean that an impact tool is “corresponding to the receptacle”? Claim 10 recites the limitation "the receptacle" in line 3 and “the partition wall” in line 5. There is insufficient antecedent basis for this limitation in the claim.
The patentability of claims 7 and 10 cannot be determined until the scope of the limitations has been defined.
Allowable Subject Matter
Claims 1-4 are allowed.
Claims 5, 6, 8, and 9 would be allowable if rewritten or amended 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.
The following is a statement of reasons for the indication of allowable subject matter: the prior art of record does not teach the specifics of the device, specifically the details of the cavity, receptacle, and partition.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PATRICK J MAESTRI whose telephone number is (571)270-7859. The examiner can normally be reached M-Th 7-3.
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/PATRICK J MAESTRI/Primary Examiner, Art Unit 3635