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 .
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 1-6 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.
--Claim 1 recites, line 5, the limitation “a sequence” and in line 6, “a sequence" . Is the “sequence” recited lines 5 and 6 the same or different?
--Claim 4 recites, in line 5, the limitation “a sequence” and in line 6, “a sequence" . Is the “sequence” recited lines 5 and 6 the same or different?
There is a lack of clarity where the claim recites “a sequence” and contains another recitation of the limitation “a sequence”. The claim is indefinite because it would be unclear if the limitation is making reference to the same “sequence” or a different sequence. Therefore the claim is indefinite for containing limitation whose meaning is unclear.
--Claim 2 recites, line 3, the limitation “a carrier” . Is this “carrier” the same or different as the “carrier” recited in claim 1?
--Claim 5 recites, line 3, the limitation “a carrier” . Is this “carrier” the same or different as the “carrier” recited in claim 4?
There is a lack of clarity where the claim recites “a carrier” and contains another recitation of the limitation “a carrier”. The claim is indefinite because it would be unclear if the limitation is making reference to the same “carrier” or a different carrier. Therefore the claim is indefinite for containing limitation whose meaning is unclear.
Allowable Subject Matter
Claims 1-6 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
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 12047221 B2 or US 20160028577 A1 or US-20160088373-A1 or US-20170048841-A1 or US-20230412441-A1.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to EMMANUEL BAYARD whose telephone number is (571)272-3016. The examiner can normally be reached 6-9.
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, Ahn K Sam can be reached at 571-272-3044. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/EMMANUEL BAYARD/Primary Examiner, Art Unit 2633
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