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 .
Claim Objections
Claims 2-15 objected to because of the following informalities:
Regarding claims 2-15, the phrase “A wire binding machine according” should be change to “The wire binding machine according”.
Regarding claim 2, the phrase “that wherein the first gripping member” should be change to “wherein the first gripping member”.
Regarding claim 3, the phrase “wherein: that the first wire guide channel” should be change to “wherein the first wire guide channel”.
Regarding claim 3, the phrase “that at least one cutting edge is provided” should be change to “at least one cutting edge is provided”.
Regarding claim 3, the phrase “that the twisting device comprises” should be change to “the twisting device comprises”.
Regarding claim 7, the phrase “wherein: that” should be change to “wherein”.
Regarding claim 7, the phrase “that the second gripping member” should be change to “the second gripping member”.
Regarding claim 10, the phrase “wherein: that” should be change to “wherein”.
Regarding claim 10, the phrase “that the second gripping member” should be change to “the second gripping member”.
Regarding claim 10, the phrase “that the first cam follower is moveable” should be change to “the first cam follower is moveable”.
Regarding claim 10, the phrase “that the second cam follower is moveable” should be change to “the second cam follower is moveable”.
Regarding claim 10, the phrase “that the motion transferring mechanism comprises” should be change to “the motion transferring mechanism comprises”.
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.
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.
Regarding claim 1, the phrase “subsequently retracting the wire to draw it tightly around one or more objects received in said space” render the claim indefinite because it is unclear to which element “it” refers to.
Regarding claim 1, the phrase “its wire releasing position” render the claim indefinite because it is unclear to which element “its” refers to.
Regarding claim 1, the phrase “to its wire gripping position” render the claim indefinite because it is unclear to which element “its” refers to.
Claims 2-15 are rejected because they depend from claim 1.
Regarding claims 2 and 7-10, the phrase “its” render the claim indefinite because it is unclear to which element “its” refers to.
Claim 9 recites the limitation "the effect" in line 8. There is insufficient antecedent basis for this limitation in the claim.
Claim 9 recites the limitation "the effect" in lines 14-15. There is insufficient antecedent basis for this limitation in the claim.
Claim 11 recites the limitation "the form" in line 2. There is insufficient antecedent basis for this limitation in the claim.
Claim 11 recites the limitation "the form" in line 2. There is insufficient antecedent basis for this limitation in the claim.
Allowable Subject Matter
The following is a statement of reasons for the indication of allowable subject matter:
Regarding claim 1, the closet prior art is Parker (US5121682A), however in the opinion of the Examiner that the arts of record neither anticipates nor render obvious the limitation of “a second drive member, which is rotatably mounted in the housing so as to be rotatable in relation to the housing about said axis of rotation, wherein the second drive member is rotatable in relation to the twisting head from a rotary starting position to a rotary end position; a second electric motor for rotating the second drive member in relation to the twisting head from said rotary starting position to said rotary end position; a second transmission mechanism for transmitting torque from the second electric motor to the second drive member; and a motion transferring mechanism, which is configured to transfer a rotary movement of the second drive member in relation to the twisting head from said rotary starting position to said rotary end position into sequential movements of the second gripping member and the first gripping member from its wire releasing position to its wire gripping position” in combination with the other limitations of the claim.
Claims 2-15 are depended from claim 1.
Claim 1 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 MOHAMMED S ALAWADI whose telephone number is (571)272-2224. The examiner can normally be reached 08:00 am- 05:00 pm.
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/MOHAMMED S. ALAWADI/Primary Examiner, Art Unit 3725