DETAILED ACTION
Priority
1. Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Claim Objections
2. Claims 1-10 are objected to because of the following informalities:
Regarding claim 1, the preamble term “Packaging” should be amended to provide an article, e.g. “A packaging” (emphasis added).
Further regarding claim 1, the term “walls” should also be provided with an article, e.g. “a plurality of walls” (emphasis added).
Regarding claims 2-10, the term “Packing” should be amended to provide an article, e.g. “The packaging” (emphasis added).
Appropriate correction is required.
Claim Rejections - 35 USC § 112
3. 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.
4. Claims 1-10 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.
Regarding claim 1, from which the remaining claims depend, it is unclear what the meaning of the term “developing” is in the claim (noting there are several instances). The term implies that the respective structures are in the process of forming, and not already formed.
Further regarding claim 1, it is unclear what the purpose is of the term “and characterized in that”. Examiner notes the term is frequently used in European claiming practice, but not in U.S. practice.
Further regarding claim 1, the limitation “the shape defined by said support surface (6) is visible through said membrane (5) than the rest of said membrane (5)” (emphasis added) is indefinite because it is not clear relative to what other portion of the membrane the support surface is visible.
Regarding claim 9, it is unclear what the meaning of the term “developing” is in the claim. The term implies that the respective structures are in the process of forming, and not already formed.
Allowable Subject Matter
5. Claims 1-10 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.
6. The following is a statement of reasons for the indication of allowable subject matter:
The closest reference the Examiner was able to locate was EP 3,479,723 (Kim; e.g. embodiment of Figures 4-6). At the very least, the reference fails to teach a support surface (6) integral with said second frame (4), developing transversely to said central axis (2a) surrounded by said second frame (4) and placed between said membrane (5) and said bottom (21) in such a way as to be able to support, close to said membrane (5), said powder product; and characterized in that - said support surface (6) is perimetrically less extended than said membrane (5) perpendicular to said central axis (2a) such that, from the deposition of said powder product on said support surface (6) alone, the shape defined by said support surface (6) is visible through said membrane (5) than the rest of said membrane (5).
Kim fails to teach any transversely extending support between the membrane and the bottom, and further fails to teach a support visible through the membrane. No motivation could be found to modify the reference in order to arrive at the claimed invention.
Conclusion
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/JAMES N SMALLEY/Examiner, Art Unit 3733