¶ 7.34.21 Claim Limitation Interpreted under 35 U.S.C. 112, Sixth Paragraph
Claim limitation "[1]" has been interpreted under 35 U.S.C. 112, sixth paragraph, because it uses a non-structural term "[2]" coupled with functional language "[3]" without reciting sufficient structure to achieve the function. Furthermore, the non-structural term is not preceded by a structural modifier. [4].
Since this claim limitation invokes 35 U.S.C. 112, sixth paragraph, claim [5] interpreted to cover the corresponding structure described in the specification that achieves the claimed function, and equivalents thereof.
A review of the specification shows that the following appears to be the corresponding structure described in the specification for the 35 U.S.C. 112, sixth paragraph limitation: [6].
If applicant wishes to provide further explanation or dispute the examiner’s interpretation of the corresponding structure, applicant must identify the corresponding structure with reference to the specification by page and line number, and to the drawing, if any, by reference characters in response to this Office action.
If applicant does not wish to have the claim limitation treated under 35 U.S.C. 112, sixth paragraph, applicant may amend the claim so that it will clearly not invoke 35 U.S.C. 112, sixth paragraph, or present a sufficient showing that the claim recites sufficient structure, material, or acts for performing the claimed function to preclude application of 35 U.S.C. 112, sixth paragraph.
For more information, see Supplementary Examination Guidelines for Determining Compliance With 35 U.S.C. 112 and for Treatment of Related Issues in Patent Applications, 76 FR 7162, 7167 (Feb. 9, 2011).
Examiner Note:
1. In bracket 1, recite the claim limitation that has been interpreted under 35 U.S.C. 112, sixth paragraph.
2. In bracket 2, recite the non-structural term that is merely a substitute for the term "means for."
3. In bracket 3, recite the functional language.
4. In bracket 4, provide an explanation, if appropriate, why the non-structural term is not recognized as the name of a structure but is merely a substitute for the term "means for."
5. In bracket 5, recite the claim number(s) of the claim(s) that contains/contain the claim limitation.
6. In bracket 6, recite the corresponding structure with reference to the specification by page and line number, and to the drawing, if any, by reference characters.