DETAILED ACTION
Notice of Pre-AIA or AIA Status
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Preliminary Amendment
2. The preliminary amendment filed on 8/29/2024 has been entered.
Specification
3. The abstract of the disclosure is objected to because of legal language “means”. A corrected abstract of the disclosure is required and must be presented on a separate sheet, apart from any other text. See MPEP § 608.01(b).
Claim Rejections - 35 USC § 112
4. 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.
5. Claims 1-17 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.
I- Claim 1 is indefinite because “the resultant fluorescence” lacks proper antecedent basis.
II- Regarding claim 3, the phrase “in particular” (line 2) renders the claim indefinite because it is unclear whether the limitation(s) following the phrase is part of the claimed invention. See MPEP § 2173.05(d).
III- Regarding claim 4, the phrase “in particular” (line 2) renders the claim indefinite because it is unclear whether the limitation(s) following the phrase is part of the claimed invention. See MPEP § 2173.05(d).
IV- Regarding claim 6, the phrase “in particular” (line 6) renders the claim indefinite because it is unclear whether the limitation(s) following the phrase is part of the claimed invention. See MPEP § 2173.05(d).
V- Regarding claim 7, the phrase “in particular” (lines 4 and 10) renders the claim indefinite because it is unclear whether the limitation(s) following the phrase is part of the claimed invention. See MPEP § 2173.05(d).
VI- In claim 7, lines 9-10, “means of fluorescence spectroscopy” is positively recited for a second time. This renders the claims confusing as it raises issues of double inclusion.
VII- Claim 9 is indefinite because “the UV domain” lacks proper antecedent basis.
VIII- In claim 15, lines 1-2, “a fluid analysis system” is positively recited for a second time. This renders the claims confusing as it raises issues of double inclusion.
IX- Claim 17 is indefinite because “the resultant fluorescence” lacks proper antecedent basis.
Allowable Subject Matter
6. Claims 1-17 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
Conclusion
7. The prior art made of record and not relied upon is considered pertinent to applicants' disclosure.
8. Any inquiry concerning this communication or earlier communications from the examiner should be directed to FREDERICK C NICOLAS whose telephone number is (571)272-4931. The examiner can normally be reached Monday-Thursday 8:00 AM -: 4:00 PM.
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, Paul R. Durand can be reached at 571-272-4459. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/FREDERICK C NICOLAS/ Primary Examiner, Art Unit 3754
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