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 141-159 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.
The term “equivalent vision guidance operating mode” in claims 141 and 151 is a relative term which renders the claim indefinite. The term “equivalent vision guidance operating mode” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. The original specification discloses “an equivalent vision guidance (e.g., SVGS or CGVS) operating mode” (paragraph 271), however the examples of SVGS or CGVS is referencing to the vision guidance (paragraph 216). It is not defined what is an equivalent vision guidance operating mode, specifically what would be an equivalent to the operating mode. Therefore claims 141 – 159 are rejected under 35 U.S.C. 112(b) for being indefinite.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JEFFREY J CHOW whose telephone number is (571)272-8078. The examiner can normally be reached 11AM-7PM.
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/JEFFREY J CHOW/Primary Examiner, Art Unit 2618
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