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 .
Claims 1-19 are currently pending. Claims 1, 2, 5, 6, 8-10, 12, 13 and 17 are currently amended.
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 8, 13-15, 17 and 19 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.
Claims 8 and 17 recite “ the brush(es)” and “ the flat brush(es)”. However, the claims written are unclear and indefinite. Are the brush(es) the same as the sub-brushes recited in claim 6 or the at least one flat brush in claim ? Is there more than one flat brush recited in claim 1 to properly recite plurality of flat brushes in claim 8? Claims as written are confusing and not consistent with original claim language. Appropriate correction is required.
Claim 13 recites “ the one or more flat brush”. The claim as written is indefinite and unclear. Does applicant intend more than one flat brush to be included in the present invention or is it only at least one flat brush as recited in independent clam 1. Appropriate correction is required. Examiner suggests applicants amend claim to recite “ the at least one flat brush” in view of claim consistency.
Claims 14, 15 and 19 depend on claim 13; therefore, the claims are also indefinite and rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph. Appropriate correction is required.
Response to Arguments
Applicants’ arguments with respect to claim(s) 1-19 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Allowable Subject Matter
Claims 1-7, 9-12, 16 and 18 are allowed.
The closest prior art, Van Damme et al. (EP 1788444 A1) fails to disclose an apparatus for processing a lithographic printing plate precursor comprising a development/gumming section including a first and a second developing/gumming unit which are connected by a cascade configuration which allows an overflow of liquid from the second development/gumming unit to the first development/gumming unit, characterized in that the first development/gumming unit includes at least one flat brush, wherein the at least one flat brush comprises nozzles distributed over the full length of the at least one flat brush configured for applying a gum solution to the lithographic printing plate precursor as instantly claimed.
Conclusion
Applicants’ amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicants are reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHANCEITY N ROBINSON whose telephone number is (571)270-3786. The examiner can normally be reached Monday-Friday (8:00 am-6:00 pm; IFP; PHP).
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Anthony Zimmer can be reached at 571-270-3591. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CHANCEITY N ROBINSON/Primary Examiner, Art Unit 1737
