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 1-17 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 claims are replete with indefinite language, relative terms and alternate language, which renders the claims indefinite and difficult to understand the scope.
In claim 1 the use of “in particular” and multiple instances of “and/or” in a single claim render the claim confusing and the scope of the claim is not clearly understood. Appropriate correction is required.
In claims 2, 4-12, and 14-17, “in particular” is considered indefinite. Appropriate correction is required.
In claims 2-7, 9-10, 12-15, and 17, multiple use “and/or” is confusing the scope. Appropriate correction is required.
Allowable Subject Matter
Claims 1-17 are allowed.
Conclusion
Prior art made of record and not relied upon is considered pertinent to applicant's disclosure and provides example of invention. A few of the prior art cited but not applied include Olkay (US 2023-0160233); Lax (US 2007-02457798); and Antonucci (US 2007-0240463).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NATHAN CUMAR whose telephone number is (571)270-3112. The examiner can normally be reached Monday thru Friday, 8:00 am to 5:00 pm EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, KRISTINA FULTON can be reached at 571-272-7376. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/NATHAN CUMAR/Primary Examiner, Art Unit 3675
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