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 Objections
Claims 3, 8 and 13 are objected to because of the following informalities:
Claim 3 recites “localized first area” and “localized second area”. But claim 8 recites “first localized area” and “second localized area”. Examiner recommend using the same wording for limitations about those areas.
Examiner recommend changing claim 13 line 2 to “the fabric forms first clusters and second clusters…”
Appropriate correction is required.
Double Patenting
A rejection based on double patenting of the “same invention” type finds its support in the language of 35 U.S.C. 101 which states that “whoever invents or discovers any new and useful process... may obtain a patent therefor...” (Emphasis added). Thus, the term “same invention,” in this context, means an invention drawn to identical subject matter. See Miller v. Eagle Mfg. Co., 151 U.S. 186 (1894); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Ockert, 245 F.2d 467, 114 USPQ 330 (CCPA 1957).
A statutory type (35 U.S.C. 101) double patenting rejection can be overcome by canceling or amending the claims that are directed to the same invention so they are no longer coextensive in scope. The filing of a terminal disclaimer cannot overcome a double patenting rejection based upon 35 U.S.C. 101.
Claim 1 is rejected under 35 U.S.C. 101 as claiming the same invention as that of claims 1 and 8 of prior U.S. Patent No. 12455073. This is a statutory double patenting rejection.
Claims 1-2 are provisionally rejected under 35 U.S.C. 101 as claiming the same invention as that of claims 1 and 4-6 of copending Application No. 18700344 (reference application). This is a provisional statutory double patenting rejection since the claims directed to the same invention have not in fact been patented.
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 6-16 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 6 recites the limitation "the floats" in line 1 (and again in line 2 for the limitation “said floats”). There is insufficient antecedent basis for this limitation in the claim. Examiner recommend applicant to amend this limitation to “the one or more floats”
Claim 7 recites the limitation "said clusters" in lines 2-3 (and again in line 4). There is insufficient antecedent basis for this limitation in the claim. Examiner recommend applicant to amend this limitation to “said plurality of clusters”.
Claim 7 recites the limitation "the second floats" in line 8. There is insufficient antecedent basis for this limitation in the claim. Examiner recommend applicant to amend this limitation to “the at least two or more parallel second floats”. (NOTE: Claims 9-12 have the same problem).
Claim 7 recites the limitation "the first floats" in line 9. There is insufficient antecedent basis for this limitation in the claim. Examiner recommend applicant to amend this limitation to “the at least three or more parallel first floats” (NOTE: “the first floats” are mentioned twice in claim 7 line 9. Claims 9-12 have the same problem).
Claim 8 recites the limitation "said clusters" and “the extra-cluster areas” in line 2. There is insufficient antecedent basis for this limitation in the claim.
Claim 11 recites the limitation "said intersections" in line 7-8. There is insufficient antecedent basis for this limitation in the claim. Examiner recommend applicant to amend this limitation to “said plurality of intersections”.
Claim 14 recites the limitation "the first clusters" and “the extra-cluster areas” in line 2. There is insufficient antecedent basis for this limitation in the claim.
Claim 15 recites the limitation "the metal wire" and “the extra-cluster areas” in line 2. There is insufficient antecedent basis for this limitation in the claim.
Allowable Subject Matter
Claims 1-2 would be allowable if double patent rejections are overcome.
Claims 3-5 and 17-18 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
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
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