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 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.
As to claim 1, the preamble calls for an “assembly”, but the body of the claim is merely a list of unconnected parts. It’s not apparent whether claim is directed to an “assembly” or unconnected parts. The “data acquisition system” (line 4) is not connected to any of the remaining claim limitations. What is Applicant’s intent?
As to claim 10, the preamble calls for an “assembly”, but the body of the claim is merely a list of unconnected parts. The CO2 and oxygen sensors are not connected to any of the remaining claim limitations. What is Applicant’s intent?
Comment Relating to Claim 1
Comment relating to metes and bounds of claim 1: Note was made of “wherein the rigid support is 3D printed” (underlining added, line 2 from last, claim 1). That phrase structurally limits the rigid support such that it is narrower than any mere rigid support. In this instance, a “3D printed” element has physical property that has a different values in different directions. Such is the nature of being 3D printed, in contrast with an integrally molded element. The phrase “wherein the rigid support is 3D printed” is not a product-by-process article that suggests any mere rigid support. There term “is” presents a powerful and clear limitation.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ROBERT R RAEVIS whose telephone number is (571)272-2204. The examiner can normally be reached on Mon to Friday from 8am to 4pm.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kristina DeHerrera, can be reached at telephone number 303-297-4237. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of an application may be obtained from Patent Center. Status information for published applications may be obtained from Patent Center. Status information for unpublished applications is available through Patent Center to authorized users only. Should you have questions about access to the USPTO patent electronic filing system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free).
Examiner interviews are available via a variety of formats. See MPEP § 713.01. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) Form at https://www.uspto.gov/InterviewPractice.
/ROBERT R RAEVIS/ Primary Examiner, Art Unit 2855
