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 .
The Amendment, filed on 04/21/2026, has been received and made ofrecord. In response to the Non-Final Office Action, dated 01/21/2026, Claims 4, 12, 16-17, 21, 23, 25-27, 29-30 are previously canceled claims, claims 6, 20 are currently canceled claims, Claims 1, 7-11, 12-15, 18-19, 22, 24, 28 and 31 are amended, claims 1-3, 5, 7-11, 13-15, 18-19, 22, 24, 28 and 31 are pending in current application.
Response to Remarks/Arguments
Applicant's arguments filed on 04/21/2026 have been fully considered.
In the Arguments/Remarks:
Re: Claim Objection
Claim objections have been withdrawn in view of amendments.
Re: Drawing/Specification Objections
Drawing and specification objects have been withdrawn in view of claim and the specification amendments.
Re: Rejection of the Claims Under 35 U.S.C. § 112
Rejections made under 35 USC § 112 have been withdrawn in view of claim amendments. However, the amended claims invoke new matter which was not either described in the original specification or presented in the initial drawing, filed on 09/09/2024, such as amended claim feature “controller” in claim 1, 9, 18, 28 and 31.
Re: Claim interpretation Under 35 U.S.C. § 112(f)
Claim interpretation and associated rejection under 35 U.S.C. 112 for non-structural terms have been withdrawn in view of claims amendments. However, the amended claims invoke new matter which was not either described in the original specification or presented in the initial drawing, filed on 09/09/2024, such as amended claim feature “controller” in claim 1, 9, 18, 28 and 31.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1-3, 5, 7-11, 13-15, 18-19, 22, 24, 28 and 31 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for pre-AIA the inventor(s), at the time the application was filed, had possession of the claimed invention.
Specifically, claims 1, 9, 18, 28 and 31 recites the element imitations of “controller”. This limitation is a new matter. Applicant is welcomed to point out where in the specification the Examiner can find support for this limitation if Applicant believes otherwise. Therefore, claims 1, 9, 18, 28 and 31 do not satisfy the written description requirement.
Claims 2-3, 5, 7-11, 13-15, 18-19, 22 and 24 are also rejected under 34 U.S.C. 112(a), by the virtue of their dependency on the rejected base claim(s).
Claim Objections (having allowable subject matter)
Claims 1-3, 5, 7-11, 13-15, 18-19, 22, 24, 28 and 31 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(a), set forth in this Office action.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is 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 B M M HANNAN whose telephone number is (571)270-0237. The examiner can normally be reached MONDAY-FRIDAY at 8:30AM-5:30PM.
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, Adam Mott can be reached at 5712705376. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/B M M HANNAN/Primary Examiner, Art Unit 3657
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