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 2 and 22 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. Claims 2 and 22 are indefinite because it is unclear what other alternatives are intended to be encompassed by the claim. A Markush grouping is a closed group of alternatives, i.e., the selection is made from a group "consisting of" (rather than "comprising" or "including") the alternative members. MPEP 2173.05(h).
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1-5 and 21-24 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Park (US 2006/0225333).
Re claims 1-5, Park discloses a handle for a conducted electrical weapon ("CEW") comprising: a bay (Fig 3, 26) defining an opening configured to receive a magazine; a mechanical interface (36) disposed proximate to a first side of the bay, wherein the mechanical interface is configured to align (align defined broadly to mean to bring (components or parts, such as the wheels of a car) into proper or desirable coordination or relation; https://www.dictionary.com/browse/align) the magazine within the bay; and a second side of the bay opposite the first side, the magazine aligned to the second side by the mechanical interface.
Re claims 21-24, Park discloses a handle for a conducted electrical weapon ("CEW") comprising: a bay (Fig 3) defining an opening configured to receive a magazine; a mechanical interface (38) disposed on the magazine proximate to a first side of the bay, wherein the mechanical interface is configured to align the magazine within the bay; and a second side of the bay opposite the first side, the magazine aligned to the second side by the mechanical interface.
Allowable Subject Matter
Claims 6-11 and 25-29 objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to REGINALD S TILLMAN, JR whose telephone number is (571)270-7010. The examiner can normally be reached M-F 830-530.
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/REGINALD S TILLMAN, JR/Primary Examiner, Art Unit 3641
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