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 .
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they do not include the following reference sign(s) mentioned in the description: Reference numeral ”34” is mentioned in the specification but is not shown in the drawings. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
The disclosure is objected to because of the following informalities: Reference numeral “12” has been used to designate both the elongate body (paragraph [0015]) and the first end (paragraph [0017]); and reference numeral “14” has been used to designate both the first end (paragraph [0015]) and the second end (paragraph [0017]). Appropriate correction is required.
Claim Objections
Claims 4-6 are objected to under 37 CFR 1.75(c) as being in improper form because a multiple dependent claim cannot depend from any other multiple dependent claim. See MPEP § 608.01(n). Accordingly, the claims 4-6 have not been further treated on the merits.
Claims 1 and 3 are objected to because of the following informalities:
In claim 1, lines 1-2, it appears “an first end” should be “a first end”.
In claim 3, line 1, it appears “claimed din” should be “claimed in”.
Appropriate correction is required.
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.
Claim 3 is 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.
Claim 3 is rendered indefinite by the limitation “the cutter is position anywhere between the first end and the second end” since the term “anywhere” makes the location of the cutter undefined and unclear. For examination purposes, Examiner interprets the limitation as “the cutter is positioned between the first end and the second end”.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1-3 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by WO2009/128626.
Regarding claim 1, WO2009/128626 discloses a mixing head (at 400 – See portion of Fig. 2 labeled below) having an elongate body, the elongate body having a first end (top end of 400) and an opposite second end (bottom end of 400), a flange (at 432 in Figs. 2-3) extending circumferentially about the first end to define an opening and act as a seal arrangement (as shown in Fig. 4), a cutter (at 420) integrally connected to the body and protruding from near the second end, the elongate body having a plurality of openings (at 440) positioned along its length between the first and second end.
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Regarding claim 2, WO2009/128626 discloses the elongate body is cylindrical in cross section relative to the opening (as shown in Fig. 2).
Regarding claim 3, WO2009/128626 discloses the cutter is positioned between the first end and the second end (as shown in Fig. 3).
Claims 1-3 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Seelhofer (US 2010/0258457).
Regarding claim 1, Seelhofer discloses a mixing head (at 4) having an elongate body, the elongate body having a first end (top end of 4) and an opposite second end (bottom end of 4), a flange (near the top end of 4 in Fig. 3) extending circumferentially about the first end to define an opening and act as a seal arrangement (as shown in Fig. 7), a cutter (at 8) integrally connected to the body and protruding from near the second end, the elongate body having a plurality of openings (at 10) positioned along its length between the first and second end.
Regarding claim 2, Seelhofer discloses the elongate body is cylindrical in cross section relative to the opening (as shown in Figs. 2-5).
Regarding claim 3, Seelhofer discloses the cutter is positioned between the first end and the second end (as shown in Fig. 5).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to STEVEN A REYNOLDS whose telephone number is (571)272-9959. The examiner can normally be reached M-F 9am-5pm.
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, Anthony Stashick can be reached at (571) 272-4561. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/STEVEN A. REYNOLDS/Primary Examiner, Art Unit 3735