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
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 3-4 and 12 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.
Regarding claims 3-4, Applicant recites that claim 3 depends on claim 3 and claim 4 depends on claim 3. Claims cannot depend on itself. It renders claimed language indefinite. It is uncertain if Applicant meant to have each of the dependent claims 3-4 depend on an independent claim 1 or only claim 3 depends on the independent claim 1 and claim 4 depends on claim 3.
Regarding claim 12, Applicant amended allowable independent claim 12 such that incorporated into claim 1. However, claim 12 depends on claim 1. It is unclear if Applicant intends to have claim 12 as an independent claim as claim 9 or have it as dependent claim.
A telephone calls were made on 2/25/2026 and 3/5/2026 to the Applicants Representative, Mr. Kevin D. Erickson. However, no responses have been received .
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 AWAT M SALIH whose telephone number is (571)270-5601. The examiner can normally be reached M-F: 8:30AM-5:00PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Dimary Lopez can be reached at (571)-270-7893. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/AWAT M SALIH/Primary Examiner, Art Unit 2845