H DETAILED ACTION
Response to Election
The examiner acknowledges that the applicant has elected Embodiment 1, Fig. 1.1-1.7. The applicant has canceled Fig. 2.1-2.7 and amended the specification to cancel the description of Fig. 2.1-2.7.
Claim Rejections - 35 USC § 112 (a) and (b)
The claim is rejected under 35 USC 112 (a) and (b), first and second paragraphs, as the claimed invention is not described in such full, clear, concise, and exact terms as to enable any person skilled in the art to make and use the same, and fails to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor regards as the invention.
The claim is indefinite and non-enabling for the following:
There is a blank white rectangle within the back of the sensor in Fig. 1.7 that is not defined. Fig. 1.4 and 1.6 show side views of the sensor with blank white ovals. Fig. 1.1 shows the ovals with sidewalls in the interior. The examiner understands that the ovals seen in Fig. 1.4 and 1.6 show voids through the body of the sensor. Fig. 1.3 shows the front of the sensor. There is no white rectangle like what is seen in Fig. 1.7, meaning the white rectangle in 1.7 does not indicate a void as it does in Fig. 1.4 and 1.6. If the white rectangle in Fig. 1.7 is meant to depict unclaimed matter, the applicant should define it according to Hague Administrative Instructions Section 403, which states:
“Matter which is shown in a reproduction but for which protection is not sought may be indicated
(i) in the description referred to in Rule 7 (5)(a) and/or
(ii) by means of dotted or broken lines or coloring.”
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To overcome this rejection, the examiner recommends submitting replacement drawings with broken lines on the perimeter of the white rectangle in Fig. 1.7 and defining the broken lines in a special description following the figure description. For example:
“The broken lines depict portions of the Optoelectronic Sensor that form no part of the claimed design.”
When preparing new or replacement drawings, be careful to avoid introducing new matter. New matter is prohibited by 35 U.S.C. 132 and 37 CFR 1.121(f).
Applicant is reminded that any reply to this communication must be signed either by a patent practitioner (i.e., a patent attorney or agent registered to practice before the United States Patent and Trademark Office) or by the applicant. If the applicant is a juristic entity or has at least one party which has a domicile that is not located within the United States or its territories, the reply must be signed by a patent practitioner. See 37 CFR 1.33(b).
All discussions between the applicant and the examiner regarding the merits of a pending application will be considered an interview and are to be made of record. See MPEP § 713. The examiner will not discuss the merits of the application with applicant's representative if the representative is not registered to practice before the USPTO. Appointment as applicant’s representative before the International Bureau pursuant to Rule 3 of the Regulations under the Hague Agreement does NOT entitle such representative to represent the applicant before the USPTO. Furthermore, an applicant that is a juristic entity or has at least one party which has a domicile that is not located within the United States, or its territories must be represented by a patent attorney or agent registered to practice before the USPTO. Additional information regarding interviews is set forth below.
Telephonic or in person interviews
A telephonic or in person interview may only be conducted with an attorney or agent registered to practice before the USPTO ("registered practitioner") or with a pro se applicant (an applicant who is the inventor and who is not represented by a registered practitioner).
The registered practitioner may either be of record or not of record. To become "of record," a power of attorney (POA) in accordance with 37 CFR 1.32 must be filed in the application. Form PTO/AIA /80 "Power of Attorney to Prosecute Applications Before the USPTO," available at www.uspto.gov/PatentForms, may be used for this purpose. See MPEP § 402.02(a) for further information. Interviews may also be conducted with a registered practitioner not of record provided the registered practitioner can show authorization to conduct an interview by completing, signing and filing an "Applicant Initiated Interview Request Form" (PTOL-413A) (available at the USPTO webpage indicated above). See MPEP § 405. For acceptable ways to submit forms to the USPTO, see "When Responding to Official USPTO Correspondence" below.
Conclusion
The claim stands rejected under 35 U.S.C. 112 (a)&(b).
A response is required in reply to the Office action to avoid abandonment of the application. Any amendment submitted in response to this Office action must be in compliance with 37 CFR 1.121.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MARY ANNE ARNTZEN whose telephone number is (703)756-1439. The examiner can normally be reached Monday-Friday 9AM-5PM EST.
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, Sandra Snapp, can be reached at (571) 272-8364. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/M.A.A./Examiner, Art Unit 2914 /BRETT MILLER/Examiner, Art Unit 2934
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