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
Claims 1-13 are pending and subject to examination in this Office action.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The listing of references in the specification is not a proper information disclosure statement. 37 CFR 1.98(b) requires a list of all patents, publications, or other information submitted for consideration by the Office, and MPEP § 609.04(a) states, "the list may not be incorporated into the specification but must be submitted in a separate paper." Therefore, unless the references have been cited by the examiner on form PTO-892, they have not been considered.
Drawings
The drawings are objected to for at least the following reason:
Figures 1A-2B have a line quality that is too light or pixelated to be reproduced (weight of all lines and letters must be heavy enough to permit adequate reproduction) and/or contain excessive shading making it difficult to discern the details depicted therein.
Corrected drawing sheets (i.e., line drawings) in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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.
Claims 1-13 are rejected under 35 U.S.C. 112(b) as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor regards as the invention.
Regarding independent claim 1, the terms “the form” (recited twice) and “the possibility” lack proper antecedent basis.
Regarding claim 1 (3rd line thereof), the term “the profile” is recited. To which previously recited profile is this term referring? Clarification is requested.
Regarding claim 3, the word “its” is recited. To what previously recited structure is this term referring? Clarification is requested.
Regarding claims 3, 10 and 11, the term “the recess” is recited. Is this recited recess intended to refer back to the previously recited “recesses” or to a different recess? Clarification is requested.
Regarding claim 4, the term “a C-shaped recess” is recited. Is this recess the same as or different from the previously recited recess?
Regarding independent claim 9, the terms “the form” (recited twice) and “the possibility” lack proper antecedent basis.
Regarding claim 9 (3rd line thereof), the term “the profile” is recited. To which previously recited profile is this term referring? Clarification is requested.
Regarding claim 11, the word “its” is recited. To what previously recited structure is this term referring? Clarification is requested.
Accordingly, the pending claims will be interpreted as best understood.
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 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 1-13 are rejected under 35 U.S.C. 102(a)(1) as anticipated by Averill (U.S. Patent No. 3,412,669).
Regarding independent claims 1 and 9, as best understood, Averill describes a ventilation line diffuser (Figs. 1-6)
which is made in the form of two metal profiles (23, 24) connected by a fixing member (25) with a blades fixation unit (37) made in the form of a profile with recesses (55, 56) for blades (66, 67), wherein blades fixed with one or more brackets (62, 63), ensuring that the blades are pressed against the profile with the possibility of rotation (see e.g., Fig. 6).
Regarding claims 2 and 10, wherein recesses for blades have a C-shaped form (see e.g., Figs. 1-6).
Regarding claims 3 and 11, wherein the blades contain a C-shaped groove for its placement in the recess of the blades fixation unit (see e.g., Figs. 1-6).
Regarding claims 4 and 12, wherein the brackets contain a clamp (64, 65) to fix the blade in a C-shaped recess.
Regarding claim 5, wherein the profile of the blades fixation unit contains slots for brackets (see e.g., Figs. 1-6).
Regarding claim 6, wherein the brackets are fixed with fasteners to the profile of the blades fixation unit (see e.g., Figs. 1-6).
Regarding claims 7 and 13, wherein the profile of the blades fixation unit contains at least one cavity (see e.g., Figs. 1-6).
Regarding claim 8, wherein the brackets are interconnected (see e.g., Figs. 1-6).
Conclusion
The prior art made of record and not relied upon is considered pertinent to Applicant’s disclosure: Refer to the attached Form PTO-892.
Authorization for Email Communication – In the event Applicant wishes to communicate with the Examiner via electronic mail, written authorization should be provided in Applicant’s next response. See MPEP § 502.03. The following is a sample authorization form which may be used by Applicant:
Recognizing that Internet communications are not secure, we hereby authorize the USPTO to communicate with any authorized representative concerning any subject matter of this application by electronic mail. We understand that a copy of these communications will be made of record in the application file.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RODNEY MINTZ whose telephone number is (571)270-7327. The examiner can normally be reached on M-Th 0730 - 1630 EDT.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Brian Mattei can be reached on 571-270-3238. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/RODNEY MINTZ/Primary Examiner, Art Unit 3635
