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 .
Specification
2. The abstract of the disclosure is objected to because of the use of legal language “comprise”. A corrected abstract of the disclosure is required and must be presented on a separate sheet, apart from any other text. See MPEP § 608.01(b).
Claim Objections
3. Claim 2 is objected to because of the following informalities: “in” (line 15) recited twice. Appropriate correction is required.
Claim Rejections - 35 USC § 112
4. 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.
5. Claims 2, 7-8, 11-15 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.
I- Claim 2 is indefinite because “the remaining” (line 9) and “the positioning” (line 21) lack proper antecedent basis.
II- Claim 9 is indefinite because “the intersection point” (line 9) lacks proper antecedent basis.
III- In claim 11, the narrative recitations “their longitudinal axes” (lines 2 and 3) lead to issues with antecedent basis and clarity.
IV- Claim 11 is indefinite because “the same plane” (line 2) lack proper antecedent basis.
V- Claim 12 is indefinite because “the displacement” (line 1) and “the intersection point” (line 2) lack proper antecedent basis.
VI- Claim 13 is indefinite because “the intersection point” (line 5) lacks proper antecedent basis.
Allowable Subject Matter
6. Claims 1, 3-6, 9-10, 16-20 are allowed.
7. Claims 2, 7-8, 11-15 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
8. The prior art made of record and not relied upon is considered pertinent to applicants' disclosure.
9. 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.
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, 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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