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 21-27 and 30-38 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 21, b, ii, b recites “when a suitable external magnetic field is applied”. Use of the term suitable renders the claim indefinite as it is subjective, and the claim fails to provide the metes and bounds of what parameters would rise to the level of being suitable.
Claim 21, b, ii, c recites “when a suitable external magnetic field is applied”. Use of the term suitable renders the claim indefinite as it is subjective, and the claim fails to provide the metes and bounds of what parameters would rise to the level of being suitable.
Claim 23 recites the limitation “driller type design” and “porter type design”, which is believed be a poor translation and should be read as “drill type design” and “port type design”. The terminology “type design” is subjective. Without further definition in the specification, one would not be able to ascertain what structure meet the limitation of a drill type design or port type design.
Claim 24 recites the limitation “spiral type”, “flexible ora type”, “vibrating type” and “climbing type” are subjective limitations. The terminology “type” is subjective. Without further definition in the specification, one would not be able to ascertain what structure is necessary to meet any of the recited limitations. Further the term “flexible -ora is not a term of the art or a common dictionary term. As such it has no meaning without further explanation in the specification.
Claim 38 recites the limitation, “flexible ora type”, “vibrating type” and “climbing type” are subjective limitations. The terminology “type” is subjective. Without further definition in the specification, one would not be able to ascertain what structure is necessary to meet any of the recited limitations. Further the term “flexible -ora is not a term of the art or a common dictionary term. As such it has no meaning without further explanation in the specification.
Claims 22, 25-27, 30-37 are rejected due their dependency from claim 21.
Conclusion
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/ELIZABETH HOUSTON/Supervisory Patent Examiner, Art Unit 3771
