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 .
Applicant's election with traverse of claims 1-8 in the reply filed on 16 April 2026 is acknowledged. The traversal is on the ground(s) that search and examination can be made without serious burden. This is not found persuasive because in the restriction, Examiner identified multiple indicia1 of serious burden as required by MPEP 808.02, but Applicant has made no attempt to rebut that finding.
The requirement is still deemed proper and is therefore made FINAL.
Claim 9 is withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected invention, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 4/16/26.
Priority
Applicant is advised that the continuing data in the ADS is incorrect. Specifically, the ADS claims priority to "17246184" but this should read 17426184.
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.
Claim 1-8 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.
Claims not explicitly referred to below are indefinite by dependency.
Claim 1 lacks antecedent basis for “the operator” and it is not clear if the operator is the same as the previously mentioned “user”
Claim 3 lacks clear antecedent basis for the “imported cutting path” because previously a data file was specified as being imported.
Claims 1-8 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. Examiner notes GB2542251, cited in the IPER. GB2542251 (equivalent to US20190136691) describes controlling a cutting path of a mining machine in accordance with a selected cutting path but does not describe or suggest the method as claimed including allowing the user to define a cutting path, importing a data file representative of that defined cutting path into the control system, and allowing the operator to select among the user-defined path and machine-predefined paths stored in the control system.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Janine M KRECK whose telephone number is (571)272-7042. The examiner can normally be reached telework: M-F 0600-1530 EST.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Nicole Coy can be reached at 5712725405. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Janine M Kreck/Primary Examiner, Art Unit 3672
1 Different classification, different field of search including search query terms, and also issues of 35 USC 101
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