DETAILED ACTION
Notice of Pre-AIA or AIA Status
1. 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
2. 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.
3. Claim 18 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.
I- The term “smoothly” (line 2), in its current context in the claim, is a relative term that renders the claim indefinite. The term “smoothly” is neither defined by the claim nor the specification and does not inherently provide a standard for determining what the term means in quantifiable terms. Based on the disclosure, one of ordinary skill in the art would not be reasonably apprised of the scope of the invention since what is and isn’t encompassed by that term remains unresolved and subject to interpretation. Therefore, the scope of "smoothly connected" is not clear.
Allowable Subject Matter
4. Claims 1-17, 19-20 are allowed.
5. Claim 18 would be allowable if rewritten 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 and to include all of the limitations of the base claim and any intervening claims.
Conclusion
6. The prior art made of record in FORM PTO-892 and not relied upon is considered pertinent to applicants' disclosure. Among other references, Hou et al. (CN 219905446U) disclose other pertinent structures, such as, a powder bucket (10) with a stirring rod (30), a funnel (13).
7. Any inquiry concerning this communication or earlier communications from the examiner should be directed to FREDERICK C NICOLAS whose telephone number is (571)272-4931. The examiner can normally be reached Monday-Thursday 8:00 AM -: 4:00 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Paul R. Durand can be reached at 571-272-4459. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/FREDERICK C NICOLAS/Primary Examiner, Art Unit 3754
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