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 1, 4, and 26-30 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.
Re Claim 1, it is unclear what “2-10 minutes” means and why this might to different from the notation “3 to 10 minutes”. It is also unclear what “water volume” refers to as there is no water volume defined or added. This could read on the water added, total amount present, amount in the fabric, or something else.
Claims 4 and 26-30 are rejected as they depend from Claim 1 without curing the deficiency.
Re Claim 26, it is unclear what “the water” is referring to as water is added in at least 3 different steps.
Re Claim 27, it is unclear what “for example, 85%...” adds as it is presumed to add something to the claim but it reads on “at least 80%” already. It is also unclear what “5” means at the end of the claim.
Re Claims 28 and 29, it is unclear what “spinning” is – what is being spun, and whether more structure is required to accomplish this. Re these claims neither “at least one draining step” nor “all the draining steps” has proper antecedent basis.
Re Claim 30, it is unclear what the metes and bounds of “substantially identical” or “substantially the same” means. It is unclear if there’s a percentage or range of variance or something else.
Further examination on the merits is precluded in view of the unascertainable claim scope as described above.
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claim 26 is rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends.
Re Claim 26, the water as claimed in Claim 1 is already at room temperature and thus this claim does not appear to further limit the subject matter of Claim 1. Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JASON Y KO whose telephone number is (571)270-7451. The examiner can normally be reached M-F: 9:00-6:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Michael Barr can be reached at 571-270-1414. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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JASON Y. KO
Primary Examiner
Art Unit 1711
/JASON Y KO/Primary Examiner, Art Unit 1711
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