DETAILED ACTION
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 1-15 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.
The claims are generally narrative and indefinite, failing to conform with current U.S. practice. They appear to be a literal translation into English from a foreign document and are replete with grammatical and idiomatic errors.
The claims do not particularly point out and distinctly claim the invention, in that the scope of invention has not been sufficiently defined, making the boundaries of the scope of claim language unclear. See MPEP 2173. The claims lack sufficient structural and/or functional language required to clearly define the scope of a distinct operable invention. Some examples of this lack of structural and/or functional claim language are directed to the following:
In claim 1, in “with a locking unit comprising”, it is unclear what this phrasing is referring to exactly. Which element does “with” refer to? The entire holding device, or another set forth element?
In claim 1, it is unclear in the context of the claim language what constitutes “a front piece”. In particular, a “front” orientation has not been adequately defined relative to other aspects of the claimed invention.
Throughout the claim language of the claims, particular claim 1, the intended functional and/or structural purpose of particular language and claimed elements is unclear and not fully understood, in terms of how each contributes to a particular aim of the claimed invention.
Allowable Subject Matter
Claims 1-15, as best understood, 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
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MARK A WILLIAMS whose telephone number is (571)272-7064. The examiner can normally be reached Monday through Friday.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Christine Mills can be reached at (571) 272-8322. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MARK A WILLIAMS/Primary Examiner, Art Unit 3675