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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they include the following reference characters not mentioned in the description:
Fig. 16, elements 800, 801, and 802
37 CFR 1.84(p)(5) states “Reference characters not mentioned in the description shall not appear in the drawings. Reference characters mentioned in the description must appear in the drawings.”
Corrected drawing sheets in compliance with 37 CFR 1.121(d), or amendment to the specification to add the reference character(s) in the description in compliance with 37 CFR 1.121(b) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Objections
Claim 11 is objected to because of the following informalities: the claim states in ln. 2 “whe projected axially”, this should read “when projected axially”. This appears to be a typo. 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 1-31 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.
Regarding claims 1, 25, and 31, the term “substantial” as recited in said claims is a relative term which renders the claim indefinite. The term “substantial” is 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.
This rejection may be overcome by rewording the claim limitation to reflect the scope intended by the inventor using definite language. For example, one possible wording might be “...an electrical and/or electronic circuit with no electrical energy storage component...”, or similar construction. Please note, this is simply a sample wording. The applicant acts as their own lexicographer to determine the wording of the limitation, and may choose their own preferred restatement of the limitation with support therefor provided in the specification. No new matter may be entered.
As the claims dependent on claim 1 (claims 19-24) and claim 25 (claims 24-31) fail to resolve the above indefiniteness, they are likewise rejected under 35 USC § 112(b).
Allowable Subject Matter
Independent claims 1 and 25 and dependent claims 2-24 and 26-31 have been rejected under 35 USC § 112(b) for indefiniteness. Likewise, claim 11 has been objected to for informalities, and the drawings objected to for reference elements not in the specification. However, as best understood by the examiner, the underlying subject matter of independent claims 1 and 25 and the subsequent dependent claims is not taught in the prior art and contains subject matter which would be potentially allowable if amended to overcome the claim objections and the rejections set forth in this action.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Hara – US 6367966 – Timepiece – Discloses an electromechanical generator and timepiece wheelset regulator.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHAEL J WALKER whose telephone number is (571)270-7599. The examiner can normally be reached from 8:00 AM - 4:00 PM ET Monday through Friday.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Regis Betsch can be reached at (571) 270-7101. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MICHAEL JAMES WALKER/Examiner, Art Unit 2844
/REGIS J BETSCH/SPE, Art Unit 2844