after each edited objection make a new copy and keep recent copy 1 (1)

7/24/2019 After Each Edited Objection Make a New Copy and Keep Recent Copy 1 (1)

1/40

The online examination has been

done on the basis of documentsavailable in the e-module as per officeorder no 63 on dated 9-09-2014 andorder no 79 on dated 15-092014!utup for controller"s consideration

All forms with changed address of service as given in Form 13 should be lled whereverapplicable.

You are required to provide breakup of fees in respect of additional pages of the completespecication (including Form! as the 1st page of specication" Abstract and #rawings$ in%our response. &n case %ou have not led the adequate fees for the same ') *(!$(c$" balancefees in respect of additional pages should be submitted immediatel% along with necessar%petition and fees" failing which the instant application shall proceed '+ 1,!(3$ of the Act.-owever" without preudice.

)eference numerals besides technical features should be clearl% incorporated in claims toclearl% dene the invention.

/&n case the applicant decides to amend the claims subsequent to this report" the sameshall be drafted afresh to include the technical advancement over the prior art asrequired us !(1$ of the 0atents Act./0lease indicate in the response communication the support for the claims in theoriginal specication" as required us 12(,$ of the Act./0lease provide an additional cop% of marked up amendments (highlighting theamendments$ where ever applicable. And amendement should be as per rule and 1, 2fthe Act(as amended$./&n case the applicant decides to contest this report" the technical reasons thereforema% please be indicated in the response communication./#etails regarding the search andor e4amination report including claims of the

application allowed" as referred to in )ule 1!(3$ of the 0atent )ule" !223" in respect ofsame or substantiall% the same invention led in all the maor 0atent o5ces such as'+067"807 and 907 etc." along with appropriate translation where applicable" should besubmitted within a period of +i4 months from the date of receipt of this communicationas provided under section :(!$ of the &ndian 0atents Act.

#reshforms should be filed in prescribed format as par the $ndian patent act 1970%due to chan&e of applicants


2/40

GPA: ;0A should be lled signed b% the applicant authori


3/40

uspto" espacenet

google !atents

Form 13 fees for voluntar% amendment >22rs .

$%& has been filled to change agent's address of ser(ice" It na) be allo*ed and further send

for controller's consideration"

Form 1 shows fee submitted for instant application is )s 3::22 while pa%ment done to o5ceis onl% )s 3:222 . You are required to clarif% this anomal% and consideration to the instantapplication is deferred until then.

An% amendment made in Form 1 should be b% wa% of lling Form 13" as per subsection (!$ of+ection >* of 0atent Act 1*2 and as amended 0atent Act !22>.

0riorit% documents should be submitted.

Form1 and Form3 show di@erent priorit% dates. 0riorit% date appearing on Form1 is a dateafter Filing in &ndia.

The online examination has been done on the basis of documents available in the e-module as per office order no 63 on dated 9-09-2014 and order no 79 on dated 15-092014!ut up for controller"s consideration *ote) 1 !+ in not verifiable in theabsence of ph(sical document 2,tampin& and fee details are also not clearl( visible

84amination report has been prepared us 1! of patent Act 1*2. 0ut up for na through emodule.

$t is further send for controllers consideration

Amended Claims fall within the scope of clause (k) of section 3 of IPA-1970 bein alo!ithm"compute! p!o!ampe! se# Also $%& ob'ections hae not been not found to be satisfacto!il !eplied#It is fu!the! send fo!cont!olle!*s conside!ation #

Due to non+a(ailabilit) of res!onse of $ER dated ,-./0.,/%& in electronic file and non+

com!liance of re1uirements im!osed b) $ER b) the a!!licant 2 the instant a!!lication ma)

be treated as deemed to ha(e been abandoned under section ,%3%4 of Indian Patents Act 2

%56/"

,ome #./ bections are sustained as the( are not found to be satisfactoril( repliedntil repl( b( the applicant % &rant of patent is differed !ut up for controllersconsideration

F8) 7bections are sustained also new obections are added and until repl% b%the applicant " grant of patent is di@ered. 0ut up for controllers consideration.


4/40

84amination has been done and put up for controllers consideration.f

All formal and technical obections have been satisfactoril% replied hence it is furthersend to controllers consideration .

F8) obections are met but =ew obections are added and until repl% of +8) " grant ofpatent is di@ered. 0ut up for controllers consideration.

=ew obection is added and until repl% is given " grant of patent is di@ered . send forcontrollers consideration.

A#+ has been veried and put up for controllers consideration.

+ince no repl% has been given after F8) till one %ear. 6his instant le should beabandoned and send for controllers consideration.

7bection vide 0ara 1 of F8) BBB.is still maintained .applicants submission inthis regard is not persuasive and convincing either.7bection vide para , of F8) is still maintained as several elements " such as(,C$"(>2$" BBBBB.." which although appear in the dependent calims " are notsupported in ?laim 1 . A+ such amendments made in the complete specicationon Form 13 is deferred untilD observation from %ou are received.0roof of right is not submitted in prescribed manner under section *(!$ andunder rule 12.

+ince no response of F8) lled till now .this case should be abandoned and send tocontrollers consideration.

6he obection no E1 of our o5ce letter dated 1*2C!212 is still maintained.

>11kolnp!22: showing in abandon cases "ferrpl% date *!!213 is within 1 %ear. plstransfer it into amended cases.

>11kolnp!22: not showing in module after receiving it .pls resolve.

All obections in F8) done b% previous e4aminer have been satisfactoril% replied henceit is further send to controllers consideration for approval of grant of patent.

form 13 to amend claims with highlighted copies in the specication has been lled. &tis further send to controllers consideration.

$orm %& 7 $orm - ob8ections :

Agent's address of ser(ice has been changed b) $ %& " It ma)

be allo*ed and further send for controller's consideration"a% not be allowed as revised F!C in favour of new address for service not led.7bectionE)evised F!C in favour of new address for service should be led.

Amendments proposed under Form13 should be brought out on a separate cop% ofspecication. )easons for making such amendments should also be specied clearl%.ma% notbe allowed.

Amendments proposed on Form13 as per section >* of 6he 0atent Act "should be broughtout on a separate cop% of specication. )easons for making such voluntaril% amendmentsshould also be specied clearl%.


5/40

9oluntar) amendment in res!ect of addition of claim ,, is not allo*able under section 5 of

the Patents Act2 %56/ 3as amended4"

$orm+%& is filed *hile entering into national !hase"$orm+%& *ill be allo*ed onl) after

entering into ;ational Phase in India "11!22: relates tocomputer implemented method for modif%ing the resources ofGH " +o amendment in claims is not allowed under section > of&ndian 0atents Act " 1*2. +o e4amination has been conducted onclaims led dated !,11!22,.

+he amendments that ou wish to make in the claims b wa of $o!m 13, hae neithe! been submitted thep!oposed amendment in Complete pecification no! been hihlihted as pe! subsection (.) of ection /7 ofPatent Act 1970 and as amended Patent Act .00/# +he!efo!e, ou! !euest fo! hain technical amendments on!eco!d has not been conside!ed b the office at this point of time# ou a!e adised to submit the p!oposedamendment dul hihlihted that ou wish to make alon with the unde!takin that makin such amendmentsdoes not !esult in addition of new matte!#

+he amendments that ou wish to make in the claims hae neithe! been submitted as the p!oposed amendmentin Complete pecification no! been hihlihted as pe! subsection (.) of ection /7 of Patent Act 1970 and asamended Patent Act .00/# ou a!e adised to submit the p!oposed amendment dul hihlihted that ou wishto make alon with the unde!takin that makin such amendments does not !esult in addition of new matte!#

$orm %& has been gi(en b) *a) of correction and e@!lanation to re(ise claims to o(ercome

ob8ections raised in $ER *ith mared u! co!) " It is further !ut for controllerBs consideration"


6/40

$orm %& is gi(en *ith change in address of ser(ice "it should be allo*ed

and further send to controller's consideration"

&n one of the proof document in compliance with form C"the name of applicant on form C andthat given on proof document does not match.

$orm %& for technical amendment has been !ro(ided " Mared u! co!) has not been

submitted "Mared u! co!) for technical amendment in s!ecification should be !ro(ided" It

ma) not be allo*ed and further send for controller's consideration "

Form+- is filed while entering into national phase#Form+- will be be allowed onl0 after entering

into National hase in 1ndia#!here are *& claims filed in the C! stage, while onl0 '. claims areincluded in this instant N pplication# !here should be -' pages(2* pages of description and

claims, -3 drawing sheets, Form+' and bstract) as required $"% - read with $"S (*) 4 (*+)and -.(*) of the ct# 5ence, fees in respect of additional 2 claims and ' pages should be

submitted immediatel0 along with necessar0 petition and fees, failing which the instant applicationshall proceed $"S *'(-) of the ct# 5owe6er, without prejudice#

$o!m 13 has been filed fo! chane in applicants add!ess fo! se!ice# 2owee! the !euisite Powe! of Atto!ne infaou! of sinato! of $o!m 13 is neithe! filed with !espect of the instant application ea!lie!, no! it isaccompanied with the $o!m 13# $u!the!, $!esh $o!m 1 containin the new add!ess fo! se!ice is also not filed#In iew of the aboe facts, $o!m 13 ma not be allowed#

Form C for this instant application is not found via e module documents . &t ma% not beallowed and further send for controllers consideration .

6wo Form C regarding change of applicant has been led on same date 31.2:.!212 and &t isnot clear which one of the form C should be taken into consideration .Also submit relevant

documents to compl% with Form C.

6he amendments that %ou wish to make in the drawing b% wa% ofForm 13 dated 2:1!!22: have not been highlighted b% %ou forthe o5ce to consider them. 6herefore" %our request for havingtechnical amendments on record has not been considered b% theo5ce at this point of time. You are advised to highlight theamendments that %ou wish to make along with the undertakingthat making such amendments does not result in addition of newmatter.

$ormal b8ections:#ul% attested cop% of ;0A should be led as the same is not on o5ce record.

granted in =S"brHIn(ention claimed in claim3s4 !rima facie

is not no(el 2in(enti(e in (ie* of follo*ing citations

3!ublication nos"4:=S,//%./%%,


7/40

%4 Proof of Right has to be filed along *ith !ro!er authentication of in(entors *ith !etition

u.r %&6 of Patents Act"

,4 Proof of assignment of right from inventor to applicant should befurnished. under clause (2) of section 7 of Indian Patents Act , 197.

3$ ;0A should be lled signed b% the applicant authori" Form3 and Form1:. =ationalit% of &nventors is not given in Form1 and Form>.


8/40

12Form!C as led lacks signatures of the notar%.+hould be dul% notari claims in the &nternational (0?6$ application" however" this instant (=0$application has 3, claims. -ence" this instant application is not allowed ') *(!$(c$ and'+ 12(,A$ and 13:(,$ of the Act" unless fees for additional claims is led with necessar%petition and fees to regulari are also not fairl% basedon the priorit% application. -ence" claims ,1> are not allowed under the Act.

1:$ Assignment from inventor to applicant is not led in the matter of this instantapplication" bearing the correct name of the applicant in prescribed manner" and itshould be notari


9/40

In absence of such structural features the claims are indefinite and do not satisf) the re1uirement of section%/3043c4 of the Act".7)

!:$

The a&ent has not paid the balance fee of88as per the calculation $t ma( beinformed to tne a&ent accordin&l( The a&ent ma( be informed that the prescribedfee as per rule 7 schedule 1 of the patent act rulesput up for controllerconsideration and necessar( action

&n case the applicant decides to contest this report" the reasons therefor along with the thetechnical signicance thereof ma% please be indicated in the response communication.

Technical bections)

(1) +ubect matter of claims do not constitute an invention '+ !(1$($ of the Act. +ee forinstance #emshki" 9r. ('+ C22,22>$" J%rd et al. ('+ CC333!:$.7)

&n view of the following documents#1E#!E#3E#,E#>LE

#1 teaches

#! describes

#3 teaches

#, describes

#> teaches

&t is obvious for a person skilled in the art to produce the present invention b%combining e@ects of the above documents. -ence the present invention is not noveland falls under !(1$($ of the patent act.

&nvention claimed in claim(s$ prima facie is not novel" inventive in view of following citations(publication no.$E7=&)A&? 706&?AH +Y+68 -AI&=; ?8=6)AH ?7I8)A;8 8A=+ M-&?- &+A++7?&A68# M&6- A ?A8)A" 0)798?67)" 7) +&&HA) A)6&?H8E M7:,C11C.

?laim * is not novel in view of document . #3(M7 2323*23 $.)efer to Abstract"g andclaims.

Abstractshould be prepared in accordance with the instructions contained in the Rule 13{7(d)} of the PatentRules, 2003(as amended in 200)!


10/40

6he essential technical features of the claims should be provided with reference signsplaced in parentheses to increase the intelligibilit% of the claims . 6his applies to both thepreamble and characterising portion .

Omnibus Claim 11 is indefnite and do not satisf% the requirement of section 12(,$ (c$of the 0atents Act" 1*2(as amended$.

&n case the applicant decides to amend the claims subsequent to thisreport" the same shall be drafted afresh to include the technicaladvancement over the prior art as required us !(1$($ of the 0atentLsAct. 0lease indicate in the response communication the support for theclaims in the original specication" as required us 12(,$ of the Act. ?areshall be taken that requirement +>(1$ of the Act is also met. 0leaseprovide an additional cop% of marked up amendments (highlighting theamendments$ where ever applicable.

(!$?laims are not clear in respect of N" which should be elaborated therein.

#ependent claims are not clear in respect of the e4pression Nfurther comprising.

In the descri!tion and the claims %2 , and > the *ords 'release'2 'release mechanism'2

'1uic release'2 '1uic release unit' and '1uic release construction' are inconsistentl) used

for" the same technical feature thereb) rendering the claims %2 , and > (ague and e1ui(ocal "

these should be a!tl) re*orded or remo(ed "

claim 1" 1* are not clear to how the fourth threshold value is determined and how the fourththreshold value is calculated and the purpose it serves in achieving the function of theapplicantLs invention.


11/40

($ 6itle is inconsistent with description and claims.!* are indenite and do not satisf% therequirement of section 12(,$ (c$ of the 0atents Act" 1*2(asamended$.

Claims and are not clear in res!ect of e@!ression Jas herein described *ith reference to

accom!an)ing dra*ingsK"


12/40

incorporate all the inventive features in the characterised clause of principal claims andsubsidiar% features in the dependent claims. 6he inventive features should be characterisedover prior art supplemented b% reference numerals to enhance the intelligibilit% of claims.

3%>4 Claims %+> recite (arious method ste!s *ithout disclosing *hat a!!aratus.structural

com!onent carried out said ste!s" In absence an) structural limitations2 sub8ect matter ofthese claims is mere scheme and.or mental act and hence falls *ithin sco!e of clause 3m4 of

section 3&4 of the Patents Act2 %56/ 3as amended4" are not allowed under the Act.


13/40

&ndependent claims 1 and C are not in the twopart form " which in the present case would beappropriate" with those features known in combination from the prior art being placed in thepreamble and the remaining features being included in the characterising part .&f" however" the applicant is of the opinion that the twopart form would be inappropriate"reasons should be provided.

Further" Form13 with necessar% fees should be led for making voluntar% amendment of theclaims.-owever" without preudice

Form13 dated :1!!22: has been led for voluntar% amendment made in the drawing.+ince" the amendment proposed has not been highlighted b% the applicant. Form13 in thisregard ma% not be allowed.

claims 1 and 12" as method claims" and claims 1, and !1" as apparatusclaims" have been drafted as separate independent claims" the% appear to relatee@ectivel% to the same subectmatter and to di@er from each other onl% with regard to thedenition of the subectmatter for which protection is sought andor in respect of the

terminolog% used for the features of that subectmatter. 6he aforementioned claimstherefore lack conciseness.

&n case the applicant decides to amend the claims subsequent to this report" the same shallbe drafted afresh to include the technical advancement over the prior art as required us!(1$ of the 0atentLs Act. 0lease indicate in the response communication the support for theclaims in the original specication "as required us 12(,$ of the Act .?are shall be taken thatrequirement +>(1$ of the Act is also met. 0lease provide an additional cop% of marked upamendments (highlighting the amendments$ where ever applicable.

ultiple independent claims lack succinctness. &ndependent claims should be suitabl% linkedwith principal claim to make them clear" succinct and substantiall% denitive in accordancewith the requirements of section 12(>$ of 6he 0atents Act 1*2 as amended b% the 0atents

(Amendment$ Act !22>.

The features of dependent claims 2% 5 and 21 have alread(been emplo(ed for the same purpose in a similar s(stem and asimilar method% see document 03% abstract% pa&e 3% lines 3-7 $t ould therefore be obvious to the person s;illed in the art% toappl( these features ith correspondin& effect to a s(stem and

a method accordin& to document 01% thereb( arrivin& at as(stem and a method accordin& to claims 2% 5 and 21

$ndependent claims 1 and 1 are not in two-pa!t % hich in thepresent case ould be appropriate% ith those features ;nonin combination from the prior art bein& placed in the preambleand ith the remainin& features bein& included in thecharacterisin& part


14/40

Claim 88is not clearl( defined The claim attempt to define thesubect-matter in terms of the !esult to be achieed, hich merel(amounts to a statement of the underl(in& problem% ithout providin& thetechnical features necessar( for achievin& this result

&ndependent claims 1 and 1: are not in twopart " which in thepresent case would be appropriate" with those features known incombination from the prior art being placed in the preamble andwith the remaining features being included in the characterisingpart .

iu$ie e&amination .

An) addition or alteration in the GPA should be endorsed therein" should be led with the new applicant name .

#uplicate cop% of form > should be submitted.$resh $orm % should be submitted after remo(ing irrele(ant entries from !riorit) !articulars

field"

Fou are ad(ised to file fresh s!ecification3s4 on sheets of A0 3,5"6 cm @ ,% cm4 sie !a!er in

!rescribed manner"

&/4 Proof of Right has to be filed along *ith !ro!er authentication of in(entors *ith !etition

u.r %/ of Patents Act"

&%4 0riorit% document should be submitted as mentioned in form 1.

&,4 Preamble to claims should be amended to read as We claim in the s!ecification"


15/40

33 =ame and signatureof a&ent should be &iven at the end of all forms% drawing sheetsand atthe end of claims in prescribed manner

3,$ =ames of all signatories in all documents submitted at this o5ce should be given

below their signatures.3>$ 0roof of )ight has to be led along with proper authentication of inventors withpetition ur 12 of 0atents Act.

3C$ 6he declaration b% ( timoth% ;. ;orbato@ $ shows there has been change of nametwice of ( general motors corporation$ whereas %ou have led a single form C.

3*$ 6he attachment A is received but the original or notari4 ;ame and address of a!!licant and in(entor are not su!!orted b) the PC< a!!lication"

&54 0A should be led afresh in prescribed manner with updated address of service as givenin Form1" and should be led with Form13.

0/4 +wo Applicants a!e mentioned in $o!m-1# 5hile, onl one Applicant6s name is mentioned inthe PA, $o!m-., $o!m-3, $o!m-18 and !awins# ou a!e !eui!ed to cla!if this anomalimmediatel#

uiie tech ob8ections

1$ +ubect matter of claims do not constitute an invention '+ !(1$($ of the Act. +ee forinstance" '+ ,>::2,2" '+ C!2C*!" '+ *3!:*1 etc.

!$ #oes not constitute an invention us !(1$($of 0atents Act.+ubect matter is not novelin view of document as urlhttpEwww.ndt.netarticlendeindia!22Clestp2>pap.pdf(published b% &ndian +ociet% for non destructive testing " -%derabad chapter" * th#ec. !22C$oreover " this invention alread% in public domain" hence cannot beallowed.(?itation attached herewith$

(1:$6he drawings must show ever% feature of the invention specied in the claims.

6herefore" the L L as e4plained in claim 1 and > must be shown in drawing.

3%54+he te!m :without usae of an !aw mate!ials: in claim 1, / and in abst!actis a !elatie te!m which !ende!s the claim indefinite#

(.0) +he te!m :without usae of an !aw mate!ials: is not defined b the claim,the specification does not p!oide a standa!d fo! asce!tainin the !euisitede!ee, and one of o!dina! skill in the a!t would not be !easonabl app!isedof the scope of the inention#4o machine o! st!uctu!e can bec!eated"const!ucted, ope!ated, and maintained without the use ofmate!ials#

(.1)esc!iption p!oides fo! the use :ci!cula! moement fo!ce fo! c!eatinene! :, but,since the claim does not set fo!th an steps inoled in the


16/40

method"p!ocess, it is unclea! whatmethod"p!ocess applicant is intendin toencompass# A claim is indefinite whe!e it me!el!ecites a use without anactie, positie steps delimitin how this use is actuall p!acticed#

(..) +he applicant is !euested to fu!nish a wo!kin model of the claimed

inention fo! thepu!pose of demonst!atin ope!abilit, utilit and patentabilit#

(.3) ?omplete specication is not properl% drafted and does not disclose thebest method of performing the invention (section 12(,$(b$$ i.e.

1$ *o background artprior art are provided in the description due to #hich inventivenature of the invention is not clear. +ence speci'cation should be redrafted including the reference

in the bac$ground art--.#istinguishing features w.r.t prior artshould be furnished inthe descriptionto ascertain the inventive nature of the invention.

.) 6he obect of the invention is not clear.

3) 6he main embodiments of the invention must be dene rather than

method of operation repair.

;) &nventive nature of the invention is absent.

(2) In claim 2 /partiall" composed of material / ma$es the claim ambiguous and

inventor should disclose #hat does partiall" composed means.

(20) claim ,refers to claim 2 or . this is ambiguous as #hether claim is referring to

claim or claim , and if it is referring to one feature of the invention the #h" the

reference to both the claims of given . It should be aptl" re#orded.

(2) claim ,refers to claim 1 or 2 , claim refers to claim and then claim to claim .

such t"pe of drafting of claims ma$e the invention unnecessar" complicated to decipher

the invention and ambiguous . All dependent claims should refer to principal claim . It

should be aptl" re#orded.

3,64Claim is omnibus and (ague claim must be deleted"(23)?laims P 1, are not allowed under the Act as these claim Ncomputer program" Ncode"and Nstorage medium for the said program or code.

(!$#escriptiuon given on page , " under title obect of the invention " drafting

ofdescription using repeating phrases Q%et another obect of the invention is

B..Rshould not be used and all the obects of the invention should be given in

a simple form . futher the description is silent on how to achieve these

obectives. Applicant need to elaborate and e4plain further how theses

obectives are achieved and how is it di@erent from prior art.

(32$ #rafting of claimsis not properbecause of hich thenature < scope of the alle&ed invention cannot be clearl( ascertained


17/40

The statement of claims should therefore be revised < all essentialfeatures of the invention should be brou&ht in claim1 hile subsidiar(features of the invention ma( be claimed in dependent claims

At the time of entr) into the national !hase in India2 the a!!licant has re!laced the original

claims %+&/ *ith re(ised.amended set of claims %+% and submitted a form %& for the same"

According to section 6 read *ith section %/30A4 of the Patents Act the national !hase

a!!lication should be same as in PC


18/40

is a !elatie te!m which !ende!s the claim indefinite#

+he te!m :without usae of an !aw mate!ials: is not defined b the claim, thespecification does not p!oide a standa!d fo! asce!tainin the !euisite

de!ee, and one of o!dina! skill in the a!t would not be !easonabl app!isedof the scope of the inention#4o machine o! st!uctu!e can bec!eated"const!ucted, ope!ated, and maintained without the use ofmate!ials#

3)esc!iption p!oides fo! the use :ci!cula! moement fo!ce fo! c!eatinene! :, but,since the claim does not set fo!th an steps inoled in themethod"p!ocess, it is unclea! whatmethod"p!ocess applicant is intendin toencompass# A claim is indefinite whe!e it me!el!ecites a use without an

actie, positie steps delimitin how this use is actuall p!acticed#

;) disclosed inention is inope!atie and the!efo!e lacks utilit# 5ithout sou!ceof mechanical ene!,the machine cannot ope!ate and cone!t saidmechanical ene! to elect!ical ene!#

/)+he applicant is !euested to fu!nish a wo!kin model of the claimedinention fo! thepu!pose of demonst!atin ope!abilit, utilit and patentabilit#

@e(ords

1 ,tator % rotor

2 batter(

3 electric lines

4 axial &ap

5 stator assembl(

6 rotor assembl(

7 en&ine

depatis net https)depatisnetdpmadeepatis*etdepatisnetAindoB1


19/40

.spacenet%ipo%&oo&le patent search%orbit

Coo&le scholars

#ees calculated hereunder ma( reveal that the balance of fee of888is to to bepaid b( applicants a&ent

iisional Application no# 8;7/"delnp".007 does not meet the !eui!ements of section 1 of Patent Act asameneded Patent Act .00/#

=ethod claims 3,/,7,9 and 1. fo! !eco!din and !ep!oducin a!e not allowable as such since claims coe! onlfunctional pa!t associated with the appa!atus fo! the same#

#ees$ndian !atent ?a provides a time limit of 31 months fromthe priorit( date to file in indiaD 31 monthsifference beteen conv date and app date in indiaD 12 months#ees 88initialB 40008881000 b( applicant 1E priorit( B40008 1000 b( applicant 30E pa&es B40088100 b( applicant 10E claims B0088200 b( applicant$f examination for application form filled after 4 months of filin& the application then it is deemed to be dead case

#orm 6 mone(B 2000$f +nother form 6 then a&ain mone( B 2000888also 8chec; F=/ number for each mone(#orm 13 is for clerical and technical amendments888#orm 6 for chan&e in nmaes in proof of authorit(

Form!

Form!should be filed as rst pageof specification in prescribed manner as stipulated in sub &ule 7 of&ule .0 of Patent &ule .003 and Patent (amendment) &ule .00#

7r

Form!should be filed as rst pageof specification in prescribed manner as stipulated in sub &ule7 of &ule .0 of Patent &ule .003 and Patent (amendment) &ule .00# #urther% fees of /s 400- inrespect of additional pa&e should be submitted immediatel( alon& ith necessar( petition and fees% failin&

hich the instant application shall proceed , 1423 of the +ctanddeemed to be ithdran as per /ule 22of !atent /ule 2003

C!+ocuments filed in the office should be si&ned b( authori'ed a&ent $n the present application documents are

not si&ned b( authori'ed a&ent as &iven inC!+ 888Fou are re1uired to e@!lain this anomal) " r

7r


20/40

file ne* !a or ne* documents 3form % 2 &2 etc"4 signed b) authori'ed a&ent alon& ith necessar(petition and fees% failin& hich the instant application shall proceed , 1423 of the +ct

7r

#resh C!+ should be filled b) the a!!licant"

GPA should be signed b) authoried agent"

;0A as led should either be in original or dul% attested.

0roof of )ightAssignmentor 0roof of )ightfrom inventors in favour of the +pplicant should be filed ith necessar( petition / 137read ith ,ection 72 of the +ct

If the !roof of right is not

filed along *ith the a!!lication2 it shall be filed*ithin a !eriod of si@ months from the date of filing

of the a!!lication" ther*ise2 the a!!licant shall file

the same along *ith a !etition under Rule %&6.%&>"

r

mention onl) threeinventors3e@cluding Eric M" RasB4" Fou are re1uired to e@!lain this anomal) and consideration to the instanta!!lication is deferred until then"

6he attachment A is not found with the deed of assignment. 6he original or notari


21/40

7nl% one priorit% documentis filed2 *hile this instant a!!lication claims t*o !riorities" Fou are re1uired to clarif) thisanomal) and consideration to the instant a!!lication is deferred until then"

Immediately fle the priority documents ailing which the claim or the priority

shall be disregarded.

4he present application claims the priorit" of application 0?6F)2C2>22!!(%A4A 56I8I6%8! :IP) #hile the form 1 submitted in the o;ce claims the priorit" of 0?6'+2C2>22!!


22/40

Application numbershould be mentioned in form>.Declaration of in(entorshi! should be gi(en in form ")eference numeralsshould be gi(en in the claim"

Fou are re1uested to !ro(ide break up of feesin res!ect of additional claims and !ages of the com!lete s!ecificationon a se!arate sheet"

?omplete specicationshould be filed in !rescribed manner"

Fou are re1uested to clearl) indicate theamendementscorrectionscarried out in the s!ecification2if an) to facilitate e@amination

Addressof the applicant in the form3should be provided this address should be same asaddress on the cover of application

etails re&ardin& the search andor e4amination reportincludin& claims of the applicationalloed% as referred to in /ule 123 of the !atent /ules in respect of same or substantiall( the same

invention filed in all countries outside $ndia% alon& ith appropriate translationhereapplicable% should be submitted ithin a period of +i4 monthsfrom the date of receipt of thiscommunication as provided under section 2 of the $ndian !atents +ct

Foreign ling particularsof all applications made in forei&n countries should be filed ith necessar( !etitionunder ,ection 1 of the +ct

4ech. e&amination

$n vie of the folloin& documents

1)ocument Claims a!e not noel and inentie w#!#t# 1#

ocument 2 teaches Claims a!e not noel and inentie w#!#t# .#

ocument 3 also describes similar t(pe of invention and teachesClaims a!e not noel and inentie w#!#t# 3#

$t is obvious for a person s;illed in the art to produce the present invention b( combinin& effects of the above documents

>ence the present invention is not novel and falls under 21 of the patent act

Abstract ob8ection

Abstractshould be prepared in accordance ith the instructions contained in the /ule 13H7dI of the !atent/ules% 2003as amended in 2006

or

Abstract does not sufficientl) !ro(ide technical information of the in(ention"


23/40

Where a!!licable2 the abstract should include the follo*ing:

3 %4 if a machine or a!!aratus2 its organiation and o!erationN

3,4 if an article2 its method of maingN

3&4 if a chemical com!ound2 its identit) and useN

304 if a mi@ture2 its ingredientsN

34 if a !rocess2 the ste!s"

E@tensi(e mechanical and design details of a!!aratus should not be gi(en"

$t is noted that the claimed in(ention is directed to a method"


24/40

ependent claims a!e not clea! in !espect of the e" 10(/) of the Act# ou a!e adised to submit !eised claims fo! fu!the!

conside!ation#

In Claim 10 , e


25/40

) 6he obect of the invention is not clear.

7) 6he main embodiments of the invention must be dene rather than

method of operation repair.

8) &nventive nature of the invention is absent.

+pecication is unable to dene what is invention rather ends up in e4plaining

the method .ultiple independent claims with overlapping scope is not allowed. You are advised to restrict oneindependent claim in each categor%. &n addition the application claim should be reduced to one claim asper o5ce procedure in vogue.

Claims ., ; and / should not use e


26/40

1C. fall *ithin the sco!e of section 3(k$of the Patent Act2 %56/ in absence of the technicalfeatures disclosed therein and therefore liable to be non !atentable"


27/40

6he claims !3 3> seem to protect a method for automaticall% conguring a

power protection and restoration device comprising the steps of computeralgorithmic stepswhich fall under section 3(K$ of the 0atents Act. -encethe subect matter of the claims are not allowable under section 3(K$ of the0atents Act. 6he method claims !33> are not allowable under section 3(K$ ofthe0atents Act and these claims shall be deleted.

Hack of unit% Flaims lack unit% of inventionfrom independent claim 1 , 105 of the +ct

"

Claims 5 + ,& lack unit% of invention*ith inde!endent claim % =.S %/34 of the Act";ature and sco!e of the in(ention can not be ascertained in (ie* of number of inde!endent set of claims lie

###


28/40

!rotection"+,% recite (arious means"


29/40

clear and concise and !luralit) of

inde!endent claims maes it difficult to

determine the matter for *hich !rotection

is sought"

$urther details regarding foreign filingfiled (ide letter dated &/"%/",//> cannot

be taen on record as said detailsha(e not been submitted *ithin

!rescribed !eriod as mentioned inrule %,3,4 of the Patents Rules2 ,//& 3as

amended4"

$orm & e)ond !rescribed !eriod:

Claims %+> recite (arious method ste!s

*ithout disclosing *hat

a!!aratus.structural com!onent carried out

said ste!s" In absence an) structural

limitations2 sub8ect matter of these claims

is mere scheme and.or mental

act and hence falls *ithin sco!e ofclause 3m4 of section 3&4 of the Patents

Act2 %56/ 3as amended4"


30/40

no *ell+recognied meaning and lea(es

the reader in doubt as to the meaning of

the technical features to *hich it refers2

thereb) rendering the definition of the

sub8ect+matter of said claims unclear"9oluntar) amendment in res!ect of

addition of claim ,, is not allo*able

under section 5 of the Patents Act2 %56/

3as amended4"

Section 5:

In(ention claimed in claim% does not

sufficientl) define the in(entionN

constructional features of the

a!!aratus should be characteried2

the so called sections mentioned inthe claims acclaims functional

features2 no hard*are constructional

features can be en(isaged out of it"

Claims not definiti(e and not clear


31/40

remo(e this inconsistenc)"

Claim > does not sufficientl) define the

in(entionN the essential features of the

method a!art from the characteriing

features are not s!ecified in the claim inabsence of *hich the claim becomes

indefiniti(e and hence not allo*able"


32/40

9oluntar) amendmentin res!ect of addition ofclaim ,, is not allo*able under section 5 of the PatentsAct2 %56/ 3as amended4"

#ection $%:

Petition for condoning dela) in submission of !rior+

foreign filing detailsas re1uired =.S >3%4 of

the Act should be submitted"

Claims %+- and 5 do not sufficientl) define

the in(entionN the) do not a!!ear to sol(e

an) technical !roblem rather formulated to

!resent mere scheme or rule"


33/40

com!lete s!ecification should b)

themsel(es be sufficient to enable a !erson

in India !ossessing a(erage sill and

a(erage no*ledge of the art to *hich the

in(ention relates to *or the in(ention andto obtain the results claimed for the

in(ention"

In (ie* of the defecti(e descri!tion the

a!!lication is liel) to be !ost+dated to the

date on *hich )ou *ould file the fresh

s!ecification meeting the abo(e

re1uirements" It is o!en to )ou to con(ert

the com!lete s!ecification filed b) )ou

into a !ro(isional s!ecification b) mainga re1uest under sub+section 3&4 of Section

5 of the Patents Act2 %56/ as amended in

,//& and filing a fresh com!lete

s!ecification

cannot be taen on record as said details

'orm 3 eyond prescribed

period:


34/40

ha(e not been submitted *ithin

!rescribed !eriod as mentioned in rule %,3,4 ofthe Patents Rules2 ,//& 3as amended4"

the e@amination is carried out b) Mr" Ashlesh M" and thereafter su!er(ised" Put u! for consideration"

s"" gue !hone no" 5/-,/-/55,#"d"!"ahu8a and co" agent"

$or doing classification classification

=se module id sudi!

Pass*ord shiftO3% ,4 Patent,%

Select o!tion con(ention

=se site##""htt!s:..***&"*i!o"int.i!ccat.faces.!ages.Start"8s!##"to no* the classification codeand fill in s!ace afterthat fill field of in(ention b) seeing the title of the in(ention"

the folloin& rationales establish a prima facie case of obviousnessThe rationales are)a Fombinin& prior art elements accordin& to ;non methods to (ield

predictable resultsLb ,imple substitution of one ;non element for another to obtain predictableresultsLc +ppl(in& a ;non techniJue to a ;non device% method% or product read( forimprovement to (ield predictable resultsLd "bvious to tr("- choosin& from a finite number of identified% predictablesolutions% ith a reasonable expectation of successLe @non or; in one field of endeavor ma( prompt variations of it for us ineither the same field or a different one based on desi&n incentives or othermar;et forces if the variations are predictable to one of ordinar( s;ill in the artL


35/40

@e(ords

9 ,tator % rotor

10batter(

11electric lines

.spacenet%ipo%&oo&le patent search%orbit

Coo&le scholars

e@amination has been done and !ut u! for controller's consideration"


36/40

= 1 #istinguishing features w.r.t prior art cited abo(e should be furnished in thedescri!tion"," Title does not sufficientl( indicate the subect matter of the invention for hich protection is sou&ht Title of the inventionshould disclose specific features of the invention as reJuired under rule 137a of the !atents /ules% 2003 as amended

F 1 +rran&ement claimed in claims should be illustrated aptl( in the specification and drain&s

1# Independent claims should be p!ope!l cast in two pa!t fo!m with those featu!es which in combination

a!e pa!t of the p!io! a!t to be placed in the p!eamble#

.# ependent claims a!e not clea! in !espect of the e


37/40

8ollo#ing documents are reDuired

1) 8resh form 2 #ith description and claims .

2) Gou are oHered hearing under section 10 of the Patents act on

before the controller to meet the obFections and clarif" issues #ithin theprovision of the act.

Above information is communicated to the applicant-s agent and above

reDuirements should be send to this o;ce #ithin 1 da"s of receipt of the letter

for speed" approval for grant of patent.

127B$olnpB2

=ir,

8ollo#ing documents are reDuired

1) A cop" Assignment has to be submitted .

2) Gou are oHered hearing under section 10 of the Patents act on

before the controller to meet the obFections and clarif" issues #ithin the

provision of the act.


reDuirements should be send to this o;ce #ithin 1 da"s of receipt of the letter


I*BP


38/40


reDuirements should be send to this o;ce #ithin 1 of receipt of the letter


In (ie* of the follo*ing documentsD%: I

docet >55&

fer re!l) 5.6.,/%0

,"%/6>.oln!.,//5

docet 6/>&

fer re!l) &.&.,/%0

&",->.oln!.,//>

docet 60&,

fer re!l) %0.-.,/%&

A" P sri(asta(a ob8ections

Address of Applicant as given in Form1" Form!" Form3" Form>" 0A and Form1: arenot consistent with that appearing in respect of the corresponding 0?6 application. &tshould be rectied over ling of Form13 with fees.

Form 1 and Form3 should be led in prescribed manner with ApplicantLs nationalit%.

0roof of assignment with respect to this instant application no. 1C>>del!22> isnot led in prescribed manner.

(1$ &rrelevant portion shall be deleted and blank spaces shall be scored out in thecomplete specication. ?omplete specication shall be renumbered and it shall


39/40

start from the rst page of the specication.(!$ ?laims should be prefaced with the words L&Me ?laimL and end with date"name and signature.

3,4 Abstract should be led in prescribed manner ') 13(*$.

3&4 6he #rawings referred to in the specication should be prepared in accordancewith the instructions contained in the )ule 1> of the 0atent )ules" !223 (as

amended in !22C$304 +ubect matter of claims 11: does not constitute an N&nvention as dened insection !(1$($ of the &ndian 0atents Acts 1*2 as it lack novelt% and inventivestep in view of the cited documents #1"#! and #3.6he technical features disclosed in the invention are found in the prior documents#1('+!>12!32$. 0l. see column 1" line ,: column !" line *Dgure 1 "S column !"line ! line > SS column !"line >! line >> Sof document #1.hence"invention attracts !(1$($ of the act.As such the claimshould not allowed as per section !(1$($ of the act.6he technical features disclosed in the invention are found in the prior documents#!('+,>,*!!$. +ee gs. 3 and >CD col. >" lines !2!, of document #!. As suchthe claim should not allowed as per section !(1$($ of the act.6he technical features disclosed in the invention are found in the prior documents

#3('+,,3>:1C$. see gs. 1!D col. ," line ,! of document #3. As such the claimsare not allowed as per section !(1$($ of the act.

34 #ependent ?laims are not clear in respect of the e4pression LfurthercomprisingL"LA6 H8A+6L

3-4 6he independent claim 11 is not clear in view of the undened term Lgraphiteelectrode and graphite bod%L therein" and lack unit% with the principal claim 1 asper section 12(>$of the act.

(*$ (1$ 0rincipal claim should characteri(1$ of the Act is alsomet. 0lease provide an additional cop% of marked up amendments (highlightingthe amendments$ where ever applicable.

&n case the applicant decides to contest this report" the reasons therefor alongwith the the technical signicance thereof ma% please be indicated in theresponse communication.

(1$ 6he main feature of this alleged invention is to obtain optimal solution taking intoconsideration reactive power as parameter for the operation of a power generations%stem having a pluralit% of power generation devices. -owever" the manner ofobtaining or determining the optimal solution is not clear in the claims. Further"multiple independent claims are distinct with the principal claim lacking unit% ofinvention. 6herefore" claims can not be allowed under sec. 12(>$ of the Act.(!$ Mithout preudice" the alleged inventive feature is to nd the optimal solutionbased on athematical model algorithm without teaching an% technical features.-ence" claims falls within the scope of sec. 3(k$ of the Act.

(!$

?laims are not clear in respect of phrases" such as" Lat leastL"Lfurther comprisingL"Lappro4imatingL" LmeansL etc.

(1$ &nventive step cannot be ascertained in the absence of characteri


40/40

invention. 6herefore" claims can not be allowed under sec. 12(>$ of the Act.(!$ Mithout preudice" the alleged inventive feature is to nd the optimal solutionbased on athematical model algorithm without teaching an% technical features.-ence" claims falls within the scope of sec. 3(k$ of the Act.

7mnibus claim * is not allowable in view of sec. 12.,.c of &0A as the same does not dene thescope of invention.

+earch reportcitations provided b% other countries in which same or substantiall% the sameinvention has been led should be provided with %our observations on the saidreportcitations.

6he invention is an artistic work or an% other aesthetic creation and also the merearrangement or rearrangement or duplication of known devices each functioningindependentl% of one another in a known wa% under section 3(i$ and 3(f$ of patent actrespectivel% "hence not patentable.

6his invention is not capable of an% technical industrial useful application and hence notpatentable according to us !($ of the act.

6he invention is mere arrangement or rearrangement n of known devices each such aslighting device" motor " controller functioning independentl% of one another in a known wa%

under 3(f$ of patent act respectivel% "hence not patentable.

after each edited objection make a new copy and keep recent copy 1 (1)

Documents