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 1-19 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.
In regard to claim 1, line 17, the term “said roller” lacks positive antecedent basis.
In regard to claim 1, lines 17-18, the phrase “said elastic band is wrapped around said roller and configured to rotate about an axis perpendicular to said firing chamber axis” renders the claim vague and indefinite since it appears to claim that the elastic band is configured to rotate about an axis perpendicular to said firing chamber axis. Possibly the phrase should be rewritten as --said elastic band is wrapped around said roller and said roller configured to rotate about an axis perpendicular to said firing chamber axis--.
In regard to claim 3, the terms “the length of said handheld spearfishing device” and “the width of said handheld spearfishing device” lack positive antecedent basis.
In regard to claim 4, the term “the diameter of said barrel” lacks positive antecedent basis.
In regard to claims 4 and 9, the terms within parentheses render the claims vague and indefinite since it is unclear whether the terms included within the parentheses are intended to be interpreted as part of the desired invention or not.
In regard to claim 11, the phrase “wherein said pulley system includes a least one roller” renders the claim vague and indefinite since it fails to further limit the subject matter in the phrase “a pulley system having at least one roller” recited at line 11 of claim 1.
In regard to claim 12, the term “a band conduit end” renders the claim vague and indefinite since it fails to positively refer back to and further modify the terms “a first and a second band conduit” recited at line 9 of claim 1. Presently it is unclear if the “band conduit end” forms part of the first or second band conduit.
In regard to claim 13, lines 25-26, the term “said roller” lacks positive antecedent basis.
In regard to claim 13, line 26, the term “the forward acceleration” lacks positive antecedent basis.
In regard to claim 17, the phrase “wherein the elastic band is configured to engage the proximal end of the spear via a spear retainer comprising a recess for receiving the proximal end of the spear” renders the claim vague and indefinite since at lines 18-19 of claim 13 it was previously recited that “a second end configured to engage a proximal end of the spear via an arming mechanism” and therefore the phrase in question fails to further modify the “arming mechanism” as further comprising “a spear retainer comprising a recess for receiving the proximal end of the spear”.
In regard to claim 18, the phrase “wherein the pulley system comprises two rollers” renders the claim vague and indefinite since it fails to positively refer back to and further modify the phrase “the pulley system comprising at least one roller” recited at lines 20-21 of claim 13. Possibly the phrase should be rewritten as --wherein the at least one roller further comprises two rollers--.
In regard to claim 18, lines 3-4, the term “an axis perpendicular to the firing chamber axis” renders the claim vague and indefinite since it is unclear if this axis recited in claim 18 is the same or different from the structure described by the term “an axis perpendicular to the firing chamber axis” recited at line 22 of claim 13.
In regard to claim 19, the term “the band path” lacks positive antecedent basis.
Allowable Subject Matter
Claims 1-19 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.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Thornbrough 9,414,578 discloses a handheld spearfishing device (10) comprising a barrel assembly formed from an elongated housing having a front housing surface, a rear housing surface, opposing lateral side walls, a top wall, and a bottom wall; a firing chamber defining a barrel (12) formed within said housing having a length along a firing chamber axis and a width across said firing chamber axis, said length being greater than said width; a first and a second band conduit (14) positioned parallel to said barrel; and an elastic band (40) extending through said first and second band conduit and configured to propel a spear (34), said elastic band having a first end attached to said housing (at 38 via 68) and a second end arming mechanism (46).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DARREN W ARK whose telephone number is (571)272-6885. The examiner can normally be reached M-F 8:30-5.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kimberly Berona can be reached at (571) 272-6909. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DARREN W ARK/Primary Examiner, Art Unit 3647
DWA