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 .
Status of Claims
The status of the claims as filed in the submission dated 1/29/2026 are as follows:
Claims 1-10, 17, and 27 are cancelled by the applicant;
Claims 31-32 are newly added;
Claims 11-16, 18-26, and 28-32 are pending and are being examined.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are:
“installation member” in claim 13 & 23. The nonce term “member” is modified by the functional language of “installation” without reciting sufficient structure to perform the recited function. Paragraph 41 of the applicants’ disclosure outlines the installation member as either a hole, screw, or snap-in protrusion. Accordingly, the installation member will be interpreted as outlined and equivalent structures.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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 11-16, 18-26, and 28-31 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.
The term “waist-shaped” in claim 11 and 21 is a relative term which renders the claim indefinite. The term “waist-shaped” 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. It is unclear as to what exact shape “waist-shaped” is intending to define. Is the waist shape circular, oval, oblong, or some other shape? For examination purposes, “waist-shaped” will be interpreted as a circular, oval, or oblong shape.
The remaining claims are rejected as being dependent upon an indefinite claim.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 11-16, 18, 20-26, 28, and 30 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Li (CN214502161U, as previously cited).
Re Claim 11. Li teaches a heat exchanger (100) installation structure comprising: a heat exchanger including: a heat exchanger body (central portion of 20, 21); and two side plates (10) provided at two opposite sides (i.e. left and right sides of 20 in Figure 1), respectively, of the heat exchanger body; wherein: the two side plates have identical structures (Figures 1-4 illustrate identical structures; Page 5 paragraph 6 of the translation teaches “In addition, the two ends of the heat exchanger 100 are provided with the same structure end plate 10, which is convenient for processing the opposite plate 10, avoiding using a plurality of forming mould, increasing the cost. wherein the placing direction of the two end plates 10 are also consistent.”); the two side plates are both provided with a flange (13) facing toward a same direction on a same side (Figures 1-2 illustrates the flanges pointing in the same direction); the two flanges of the two side plates are configured to be connected to an air duct of an air conditioner (Figures 1-5; Page 5 paragraph 5 of the translation states “Specifically, the flanging part 13 through the third bending section 133 and the air channel are clamped together”, wherein the air channel is interpreted as an air duct. Thus, the flange 13 connects to the air duct of the air conditioner);
one side plate of the two side plates is provided with a first pre-drilled hole area and a second pre-drilled hole area in sequence in a direction from the one side plate toward the air duct, and the first pre-drilled hole area and the second pre-drilled hole area do not overlap with each other (Figures 4-5 illustrates pre-drilled holes. The delineation between a first and second pre-drilled hole area is an abstract delineation with no specific structurally requirement. As such, the side plates of Li can be subdivided into two abstract pre-drilled hole areas to achieve the recited limitations. Figures 4-5 illustrates the pre-drilled holes aligned in a length direction that do not overlap with each other in the length direction; Figure 5 illustrates offset holes); and
each of the first pre-drilled hole area and the second pre-drilled hole area is provided with a plurality of pipeline installation holes arranged at intervals along a length direction of the one side plate, one of the plurality of pipeline installation holes in the first pre-drilled hole area is a waist-shaped hole, and one of the plurality of pipeline installation holes in the second pre-drilled hole area is a waist-shaped hole (Figures 4-5 illustrates pre-drilled holes aligned in a length direction. The holes are circular in shape and thus read on the “waist-shaped” hole limitation).
Re Claim 21. Li teaches an air conditioner comprising: an air duct (Figures 1-5; Page 5 paragraph 5 of the translation states “Specifically, the flanging part 13 through the third bending section 133 and the air channel are clamped together”, wherein the air channel is interpreted as an air duct. Thus, the flange 13 connects to the air duct of the air conditioner); and
a heat exchanger (100) installation structure including: a heat exchanger (100) including: a heat exchanger body (central portion of 20, 21); and two side plates (10) provided at two opposite sides (i.e. left and right sides of 20 in Figure 1), respectively, of the heat exchanger body; wherein: the two side plates have identical structures (Figures 1-4 illustrate identical structures; Page 5 paragraph 6 of the translation teaches “In addition, the two ends of the heat exchanger 100 are provided with the same structure end plate 10, which is convenient for processing the opposite plate 10, avoiding using a plurality of forming mould, increasing the cost. wherein the placing direction of the two end plates 10 are also consistent.”); the two side plates are both provided with a flange (13) facing toward a same direction on a same side (Figures 1-2 illustrates the flanges pointing in the same direction); the two flanges of the two side plates are configured to be connected to the air duct (Figures 1-5; Page 5 paragraph 5 of the translation states “Specifically, the flanging part 13 through the third bending section 133 and the air channel are clamped together”, wherein the air channel is interpreted as an air duct. Thus, the flange 13 connects to the air duct of the air conditioner);
one side plate of the two side plates is provided with a first pre-drilled hole area and a second pre-drilled hole area in sequence in a direction from the one side plate toward the air duct, and the first pre-drilled hole area and the second pre-drilled hole area do not overlap with each other (Figures 4-5 illustrates pre-drilled holes. The delineation between a first and second pre-drilled hole area is an abstract delineation with no specific structurally requirement. As such, the side plates of Li can be subdivided into two abstract pre-drilled hole areas to achieve the recited limitations. Figures 4-5 illustrates the pre-drilled holes aligned in a length direction that do not overlap with each other in the length direction; Figure 5 illustrates offset holes); and
each of the first pre-drilled hole area and the second pre-drilled hole area is provided with a plurality of pipeline installation holes arranged at intervals along a length direction of the one side plate, one of the plurality of pipeline installation holes in the first pre-drilled hole area is a waist-shaped hole, and one of the plurality of pipeline installation holes in the second pre-drilled hole area is a waist-shaped hole (Figures 4-5 illustrates pre-drilled holes aligned in a length direction. The holes are circular in shape and thus read on the “waist-shaped” hole limitation).
Re Claim 12 & 22. Li teaches the two flanges are two first flanges (13); and each of the two side plates is further provided with a second flange (12) opposite to the first flange, and the heat exchanger body is provided between the second flange and the first flange (Figures 1-5).
Re Claim 13 & 23. Li teaches in each of the two side plates, the second flange is provided with an installation member (15) configured to be connected to a water receiving pan (lower pan in Figure 1) of the air conditioner (Figures 1-5; Figure 1 illustrates apertures in the lower pan that correspond to the installation member 15 of the second flange. Thus, the installation member 15 is connected to the water receiving pan).
Re Claim 14 & 24. Li teaches in each of the two side plates, the installation member is one of a plurality of installation members provided at the second flange at intervals along a length direction of the side plate (Figures 1-5 illustrate a plurality of installation members).
Re Claim 15 & 25. Li teaches a water receiving pan (lower pan in Figure 1); wherein: the installation member of each of the two side plates includes a threaded bottom hole (15); and the water receiving pan is provided with a positioning hole and an adjusting hole corresponding to the two threaded bottom holes, respectively, and arranged at intervals along the direction toward which the two first flanges face (Figures 1-5, wherein Figure 1 illustrates left and right holes in the water pan, which correspond with the positioning hole and adjusting hole).
Re Claim 16 & 26. Li teaches the heat exchanger body is installed at the first pre-drilled hole area in a scenario that the heat exchanger body is of a first model, and is installed at both the first pre-drilled hole area and the second pre-drilled hole area in a scenario that the heat exchanger body is of a second model (Figures 4-5 illustrates pre-drilled holes. The delineation between a first and second pre-drilled hole area is an abstract delineation with no specific structurally requirement. As such, the side plates of Li can be subdivided into two abstract pre-drilled hole areas to achieve the recited limitations).
Re Claim 18 & 28. Li teaches the heat exchanger body includes a plurality of heat exchange tubes (21); each of the plurality of pipeline installation holes is configured for the heat exchange tubes to pass through and be installed (Figures 4-5 illustrates a plurality of pipeline holes for the tubes).
Re Claim 20 & 30. Li teaches the two side plates include a first side plate and a second side plate arranged in sequence along the direction toward which the two flanges face; and the heat exchanger further includes a heat exchange tube including: a main tube portion including a welded end passing through the first side plate; and an elbow welded to the welded end (Figures 1-3 illustrates welded tube elbows that connect to the main tubes in the body to form a serpentine flow path).
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 19, 29, 31, and 32 are rejected under 35 U.S.C. 103 as being unpatentable over Li (CN214502161U, as previously cited) in view of Bireaud (WO2020/128346A1, as previously cited).
Re Claim 19 & 29. Li teaches the air duct, including an air duct body (Figures 1-5; Page 5 paragraph 5 of the translation states “Specifically, the flanging part 13 through the third bending section 133 and the air channel are clamped together”, wherein the air channel is interpreted as an air duct. Thus, the flange 13 connects to the air duct of the air conditioner) but fails to specifically teach two slide groove provided at the air duct body and corresponding to the two flanges, respectively; wherein: the direction towards which the two flanges face is a first direction; and each of the two flanges is configured to be slidingly inserted into the corresponding one of the two slide grooves along a second direction intersecting with the first direction.
However Bireaud teaches it is known to form grooves (11) for connection with flanges (8) to provide a secure connection between two elements (Figures 1-7). When Bireaud is combined with Li, the resulting combination would be the air duct of Li would have two slide grooves as taught by Bireaud that correspond to the two flanges of Li, respectively; wherein: the direction towards which the two flanges face is a first direction; and each of the two flanges is configured to be slidingly inserted into the corresponding one of the two slide grooves along a second direction intersecting with the first direction.
Therefore, in view of Bireaud's teaching, it would have been obvious to one of ordinary skill in the art at the time the invention was filed to add slide grooves to the air duct body of Li in order to provide a secure connection between the flanges and air duct of Li.
Re Claim 31. Li teaches the air duct, including an air duct body (Figures 1-5; Page 5 paragraph 5 of the translation states “Specifically, the flanging part 13 through the third bending section 133 and the air channel are clamped together”, wherein the air channel is interpreted as an air duct. Thus, the flange 13 connects to the air duct of the air conditioner) but fails to specifically teach two slide groove provided at the air duct body and corresponding to the two flanges, respectively; wherein: the direction towards which the two flanges face is a first direction; and each of the two flanges is configured to be slidingly inserted into the corresponding one of the two slide grooves along a second direction intersecting with the first direction; a side edge of the air duct body is provided with a third flange extending along the first direction, the third flange is provided with a fourth flange extending along a direction toward the heat exchanger body, and the fourth flange is provided with a first limit member protruding along a direction away from the first direction; and the first limit member is provided with a first side edge and a second side edge distributed in sequence in the second direction, a side surface of the first limit member facing the third flange includes a first guide surface segment closer to the first side edge than the second side edge, and in the second direction, the first guide surface segment extends obliquely in a direction closer to the fourth flange than the third flange.
However Bireaud teaches it is known to form grooves (11) for connection with flanges (8) to provide a secure connection between two elements (Figures 1-7). Bireaud further teaches a side edge of the air duct body is provided with a third flange extending along the first direction, the third flange is provided with a fourth flange extending along a direction toward the heat exchanger body, and the fourth flange is provided with a first limit member protruding along a direction away from the first direction; and the first limit member is provided with a first side edge and a second side edge distributed in sequence in the second direction, a side surface of the first limit member facing the third flange includes a first guide surface segment closer to the first side edge than the second side edge, and in the second direction, the first guide surface segment extends obliquely in a direction closer to the fourth flange than the third flange (See annotated Figure 6B which illustrates the third flange, fourth flange, and the first limit member).When Bireaud is combined with Li, the resulting combination would be the air duct of Li would have two slide grooves as taught by Bireaud that correspond to the two flanges of Li, respectively; wherein: the direction towards which the two flanges face is a first direction; and each of the two flanges is configured to be slidingly inserted into the corresponding one of the two slide grooves along a second direction intersecting with the first direction.
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Therefore, in view of Bireaud's teaching, it would have been obvious to one of ordinary skill in the art at the time the invention was filed to add slide grooves to the air duct body of Li in order to provide a secure connection between the flanges and air duct of Li.
Re Claim 32. Li teaches a heat exchanger (100) installation structure comprising: a heat exchanger including: a heat exchanger body (central portion of 20, 21); and two side plates (10) provided at two opposite sides (i.e. left and right sides of 20 in Figure 1), respectively, of the heat exchanger body;
an air duct (i.e. air channel) including an air duct body (Figures 1-5; Page 5 paragraph 5 of the translation states “Specifically, the flanging part 13 through the third bending section 133 and the air channel are clamped together”, wherein the air channel is interpreted as an air duct. Thus, the flange 13 connects to the air duct of the air conditioner); wherein
the two side plates have identical structures (Figures 1-4 illustrate identical structures; Page 5 paragraph 6 of the translation teaches “In addition, the two ends of the heat exchanger 100 are provided with the same structure end plate 10, which is convenient for processing the opposite plate 10, avoiding using a plurality of forming mould, increasing the cost. wherein the placing direction of the two end plates 10 are also consistent.”);
the two side plates are both provided with a flange (13) facing toward a same direction on a same side (Figures 1-2 illustrates the flanges pointing in the same direction);
the two flanges of the two side plates are configured to be connected to the air duct the two flanges of the two side plates are configured to be connected to an air duct of an air conditioner (Figures 1-5; Page 5 paragraph 5 of the translation states “Specifically, the flanging part 13 through the third bending section 133 and the air channel are clamped together”, wherein the air channel is interpreted as an air duct. Thus, the flange 13 connects to the air duct of the air conditioner).
Li teaches the air duct, including an air duct body (Figures 1-5; Page 5 paragraph 5) but fails to specifically teach two slide grooves provided at the air duct body and corresponding to the two flanges, respectively; wherein: the direction towards which the two flanges face is a first direction; each of the two flanges is configured to be slidingly inserted into the corresponding one of the two slide grooves along a second direction intersecting with the first direction; a side edge of the air duct body is provided with a third flange extending along the first direction, the third flange is provided with a fourth flange extending along a direction toward the heat exchanger body, and the fourth flange is provided with a first limit member protruding along a direction away from the first direction; and the first limit member is provided with a first side edge and a second side edge distributed in sequence in the second direction, a side surface of the first limit member facing the third flange includes a first guide surface segment closer to the first side edge than the second side edge, and in the second direction, the first guide surface segment extends obliquely in a direction closer to the fourth flange than the third flange.
However Bireaud teaches it is known to form grooves (11) for connection with flanges (8) to provide a secure connection between two elements (Figures 1-7). Bireaud further teaches a side edge of the air duct body is provided with a third flange extending along the first direction, the third flange is provided with a fourth flange extending along a direction toward the heat exchanger body, and the fourth flange is provided with a first limit member protruding along a direction away from the first direction; and the first limit member is provided with a first side edge and a second side edge distributed in sequence in the second direction, a side surface of the first limit member facing the third flange includes a first guide surface segment closer to the first side edge than the second side edge, and in the second direction, the first guide surface segment extends obliquely in a direction closer to the fourth flange than the third flange (See annotated Figure 6B above which illustrates the third flange, fourth flange, and the first limit member).When Bireaud is combined with Li, the resulting combination would be the air duct of Li would have two slide grooves as taught by Bireaud that correspond to the two flanges of Li, respectively; wherein: the direction towards which the two flanges face is a first direction; and each of the two flanges is configured to be slidingly inserted into the corresponding one of the two slide grooves along a second direction intersecting with the first direction.
Therefore, in view of Bireaud's teaching, it would have been obvious to one of ordinary skill in the art at the time the invention was filed to add slide grooves to the air duct body of Li in order to provide a secure connection between the flanges and air duct of Li.
Response to Arguments
Applicant's arguments filed 1/29/2026 have been fully considered but they are not persuasive.
Applicant argues that “installation member” does not invoke 112(f). The nonce term “member” is modified by the functional language of “installation” without reciting sufficient structure to perform the recited function. Thus, the limitation does invoke 112(f) and the applicants’ argument is not persuasive.
Applicant argues that Li fails to teach “a first pre-drilled hole area and a second pre-drilled hole area in sequence”. Figures 4-5 of Li clearly illustrates a plurality of pre-drilled holes. The delineation between a first and second pre-drilled hole area is an abstract delineation with no specific structurally requirement. As such, the side plates of Li can be subdivided into two abstract pre-drilled hole areas to achieve the recited limitations. Therefore, the applicants’ argument is not persuasive.
Applicant argues that Li only teaches one “waist-shaped hole”. It is first noted that the limitation in question is indefinite under 112(b) as outlined above, wherein it is unclear what shape is being defined by the term “waist-shaped hole”. As such, under the broadest reasonable interpretation, the “waist-shaped hole” has been interpreted as a circular hole. Li illustrates a plurality of circular holes, and thus reads on the recited limitations. Thus, the applicants’ argument is not persuasive.
Applicant argues that Li fails teach the hole areas “do not overlap each other”. Figure 4 of Li illustrates columns of holes that do not overlap with any other hole. Additionally, Figure 5 of Li illustrates offset holes that do not overlap. Therefore, the applicants’ argument is not persuasive.
Applicant argues that Bireaud fails to teach the limitations of claim 11. Since Bireaud is not relied upon for the rejection of claim 11, the applicants’ argument is moot.
Applicant argues that the prior art fails to teach the limitations of new claim 32 and generally recites the features of claim 32. Applicant's arguments fail to comply with 37 CFR 1.111(b) because they amount to a general allegation that the claims define a patentable invention without specifically pointing out how the language of the claims patentably distinguishes them from the references. Applicant's arguments do not comply with 37 CFR 1.111(c) because they do not clearly point out the patentable novelty which he or she thinks the claims present in view of the state of the art disclosed by the references cited or the objections made. Further, they do not show how the amendments avoid such references or objections.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 TRAVIS RUBY whose telephone number is (571)270-5760. The examiner can normally be reached M-F: 9AM-5PM.
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/TRAVIS RUBY/Primary Examiner, Art Unit 3763
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