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 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 and 5 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 3 recites “a spring force” in both lines 4 and 5. However, it is indefinite and unclear as to how the “a spring force” as recited in lines 4 and 5 of claim 3 relates to the “a spring force” as previously recited in claim 1? I.e., are the recitations referring to the same or different “spring force”? Clarification within the claim is required.
Regarding claim 4, the phrase "can be" renders the claim indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention. See MPEP § 2173.05(d). To overcome this rejection, replace the phrase “can be” with something similar to “are configured to be”.
Claim Rejections - 35 USC § 102
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1, 2, 4 and 6 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by U.S. Patent No. 9,351,752 (Slavin).
Regarding Claims 1, 2, 4 and 6, Slavin teaches: Claim 1 - chip tweezers for handling microchips comprising: a body portion (70) having a pair of arms (30 and 40) coupled together at a proximal end and extending toward a distal end, wherein the arms (30 and 40) are moveable towards and away from each other; and a head portion (90) located at the distal end, the head portion (90) including a pair of V-grooves (100) disposed parallel to each other with open sides facing each other, each rigidly connected to a respective arm of the pair of arms (30 and 40), (Figures 1-5); Claim 2 - wherein the pair of arms (30 and 40) are configured to provide resistive spring force against movement to and/or from each other, (Figures 1-5); Claim 4 – wherein the V-grooves (100) can be positioned such that a longitudinal axis of the V-grooves (100) is laterally offset to a longitudinal axis of the body portion (70), (Figures 1-5); Claim 6 - wherein the V-grooves (100) each include a respective stub (end of groove at (AA)) at the distal end, extending laterally inward from the respective V-groove (100), thereby tending to prevent a chip from sliding out of the head portion in a distal direction, (Figures 1-5 and Annotated Figure 1 Below).
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Claim(s) 1-3 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by D276,461 (Scanlan, Jr. et al.).
Regarding Claims 1-3, Scanlan, Jr. et al. teaches: Claim 1 - chip tweezers for handling microchips comprising: a body portion (AA) having a pair of arms (BB and CC) coupled together at a proximal end and extending toward a distal end, wherein the arms (BB and CC) are moveable towards and away from each other; and a head portion (DD) located at the distal end, the head portion (DD) including a pair of V-grooves (EE) disposed parallel to each other with open sides facing each other, each rigidly connected to a respective arm of the pair of arms (BB and CC), (Figures 1-8 and Annotated Figure 5 Below); Claim 2 - wherein the pair of arms (BB and CC) are configured to provide resistive spring force against movement to and/or from each other, (Figures 1-8 and Annotated Figure 5 Below); Claim 3 - wherein the arms (BB and CC) are configured to extend, cantilevered, longitudinally from a rigid connection to each other at the proximal end and cross over each other at a cross-over point distal the connection point, thereby providing a spring force tending to resist a squeezing force applied proximal the cross-over point and providing a spring force tending to close the head portion (DD) to provide a passive force on a chip within the V-grooves (EE), (Figures 1-8 and Annotated Figure 5 Below).
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Claim(s) 1, 2 and 5 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by U.S. Patent No. 5,979,960 (Osmar).
Regarding Claims 1, 2 and 5, Osmar teaches: Claim 1 - chip tweezers for handling microchips comprising: a body portion (12 and 14) having a pair of arms (12) coupled together at a proximal end and extending toward a distal end, wherein the arms (12) are moveable towards and away from each other; and a head portion (16) located at the distal end, the head portion (16) including a pair of V-grooves (22) disposed parallel to each other with open sides facing each other, each rigidly connected to a respective arm of the pair of arms (12), (Figures 1 and 2); Claim 2 - wherein the pair of arms (12) are configured to provide resistive spring force against movement to and/or from each other, (Figures 1 and 2); Claim 5 - wherein the V-grooves (22) are positioned such that a longitudinal axis of the V-grooves (22) is parallel to a longitudinal axis of the body portion (12 and 14) of the tweezers, (Figures 1 and 2).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Josh Rodden whose telephone number is (303) 297-4258. The examiner can normally be reached on M-F, 8-5 MST.
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/JOSHUA E RODDEN/ Primary Examiner, Art Unit 3642
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