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 .
Specification
The disclosure is objected to because of the following informalities: examiner recommend changing “first, positive” to “first positive”, “first, negative” to “first negative”, “second, positive” to “second positive”, and “second, negative” to “second negative”.
Appropriate correction is required.
Claim Objections
Claims 4, 7-8, 11 and 14 are objected to because of the following informalities: For those claims, examiner recommend changing “first, positive” to “first positive”, “first, negative” to “first negative”, “second, positive” to “second positive”, and “second, negative” to “second negative”.
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 1-14 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 1 recites the limitation "the first signal and the second signal" in lines 13-14. There is insufficient antecedent basis for this limitation in the claim. It looks like these limitations refer to values of signals from the first combustion sensor and the second sensor (from lines 9 and 11 of claim 1). Since claim 4 recites the same limitation, Examiner recommend applicant to amend claim 1 lines 9-12 to
“recording a first signal from the first combustion sensor;
recording a second signal from the second sensor;”
Claim 9 recites the limitation "the first combustion sensor" in lines 5-6. There is insufficient antecedent basis for this limitation in the claim.
Claim 9 recites the limitation "the combustion device" in line 7. There is insufficient antecedent basis for this limitation in the claim.
Claim 9 recites the limitation "the second sensor" in line 11. There is insufficient antecedent basis for this limitation in the claim.
Claim 9 recites the limitation "the first signal and the second signal" in lines 12-13. There is insufficient antecedent basis for this limitation in the claim. (See claim 1 rejection for similar issue and recommendation for amendment).
Claim 10 recites the limitation "the at least one duct" in line 4. There is insufficient antecedent basis for this limitation in the claim. Examiner recommend applicant to amend this limitation to (and for examining purpose, examiner interprets this limitation is) “the at least one of the air supply duct or the fuel supply duct”.
Allowable Subject Matter
Claims 1-14 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 limitations of independent claims cannot be met without impermissible hindsight reconstruction.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KO-WEI LIN whose telephone number is (571)270-7675. The examiner can normally be reached M-F 6:30-2:30 Eastern Time.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Helena Kosanovic can be reached at (571)272-9059. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/KO-WEI LIN/Primary Examiner, Art Unit 3762