Detailed Action
Amendment
1. This office action is in response to applicant’s amendments dated 6-4-26 and this office action is a final rejection.
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.
Claims 1-4, 6 and 11-20 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 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. Applicant has invoked 35 U.S.C. 112(f) means plus function analysis with respect to the claimed drive mechanism as detailed earlier in paragraph 2 of this office action and in applicant’s originally filed specification the phrases and/or terms “in the exemplary”, “in a preferred”, “preferably”, “such as”, “any suitable”, “for example, and “etc.” renders the claim indefinite in that it is unclear as to whether other drive mechanisms than those disclosed are being contemplated by the claim.
Allowable Subject Matter
3. Claims 1-4, 6 and 11-20 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.
Response to Arguments
4. Regarding the 35 U.S.C. 112(b) rejections of claim 1 as related to the claimed drive mechanism, applicant has invoked 35 U.S.C. 112(f) analysis in that mechanism is the generic placeholder term, see generic placeholder terms detailed in section 2181 of the MPEP, the drive mechanism having associated functional language claimed being rotating the drum at a first rotation speed and there is no structural elements/components claimed as related to the claimed drive mechanism. As seen in applicant’s originally filed disclosure some structural elements are disclosed as related to the drive mechanism and applicant’s originally filed disclosure in paragraph [0039] details, It is noted, however, that other embodiments could implement any suitable drive mechanism and power source for rotating the drum 14. For example, some embodiments may include a servo motor coupled directly to the shaft 38 of the drum (with no external gearbox or encoder). In addition, the various mechanisms implemented could be positioned in any suitable location. For example, the drive mechanism may alternatively comprise a manual hand crank. This portion of applicant’s originally filed specification renders the claim indefinite in that it is unclear to what other drive mechanisms can be considered any suitable drive mechanism in that applicant provides some examples such as the servo motor and hand crank, but does not appear to include all of the possible suitable drive mechanisms. Therefore it is unclear to what the other types of suitable drive mechanisms applicant is considering as the claimed drive mechanism and therefore it is unclear to what other drive mechanisms than those disclosed are being contemplated by the claim. It is recommended that applicant delete the sentence, It is noted, however, that other embodiments could implement any suitable drive mechanism and power source for rotating the drum 14., in paragraph [0039] of applicant’s originally filed specification to overcome these rejections.
Applicant’s remarks/arguments dated 6-4-26 are persuasive with respect to the 35 U.S.C. 112(b) rejections of claim 1 with respect to the omitting of essential elements detailed in the last office action dated 3-9-26.
Applicant’s claim amendments and remarks/arguments dated 6-4-26 obviates the 35 U.S.C. 112(b) rejections of claim 6 detailed in the last office action dated 3-9-26.
Conclusion
5. THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
6. Any inquiry concerning this communication or earlier communications from the examiner should be directed to DAVID J PARSLEY whose telephone number is (571)272-6890. The examiner can normally be reached Monday-Friday, 8am-4pm EST.
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, Peter Poon can be reached at (571) 272-6891. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DAVID J PARSLEY/Primary Examiner, Art Unit 3643
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