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 .
Specification
The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed.
Claim Rejections - 35 USC § 112
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.
Claims 3, 7, 10 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. Claim 3 appears to be requiring the replacement of elements (a) to (e) in claim 1 with elements (a) – (c) and (f) and (g) as recited in claim 3. This essentially requires elements (d) and (e) to be omitted from claim 1 when incorporated in claim 3. This renders claim 3 an improper dependent claim since 35 U.S.C. 112(d) requires that a dependent claim incorporates all the limitation of the independent claim from which it depends.
Claim 7 appears to be requiring the replacement of elements (a) to (e) in claim 5 with elements (a) – (c) and (f) and (g) as recited in claim 7. This essentially requires elements (d) and (e) to be omitted from claim 5 when incorporated in claim 7. This renders claim 7 an improper dependent claim since 35 U.S.C. 112(d) requires that a dependent claim incorporates all the limitation of the independent claim from which it depends.
Claim 10 appears to be requiring the replacement of elements (a) to (e) in claim 8 with elements (a) – (c) and (f) and (g) as recited in claim 10. This essentially requires elements (d) and (e) to be omitted from claim 8 when incorporated in claim 10. This renders claim 10 an improper dependent claim since 35 U.S.C. 112(d) requires that a dependent claim incorporates all the limitation of the independent claim from which it depends.
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.
Allowable Subject Matter
Claims 1, 2, 4-6, 8, 9 are allowed.
Claims 3, 7 and 10 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(d) or 35 U.S.C. 112 (pre-AIA ), 4th paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See attached PTO-892.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to WILLIAM A CORUM JR whose telephone number is (303)297-4234. The examiner can normally be reached Mon. - Fri. 8 AM - 5 PM EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jeffrey Pwu can be reached at (571)272-6798. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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WILLIAM A. CORUM JR
Primary Examiner
Art Unit 2433
william.corum2@uspto.gov
/WILLIAM A CORUM JR/Primary Examiner, Art Unit 2433
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