Can a patent examiner request clarification on means-plus-function claim limitations?
Yes, a patent examiner can request clarification on means-plus-function claim limitations. According to MPEP 704.11(a), an examiner may reasonably require:
“(R) Clarification of the correlation and identification of what structure, material, or acts set forth in the specification would be capable of carrying out a function recited in a means or steps plus function claim limitation. If it is not apparent to the examiner where in the specification and drawings there is support for a particular claim limitation reciting a means to accomplish a function, and if an inquiry by the examiner for such support is met by a stated lack of knowledge thereof by the applicant, the examiner could very well conclude that there is no such support and make appropriate rejections under, for example, 35 U.S.C. 112(a) or pre-AIA 35 U.S.C. 112, first paragraph (written description) and 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph.”
This clarification is crucial for properly interpreting and examining means-plus-function claims under 35 U.S.C. 112(f). If the applicant cannot provide adequate support for the claimed function in the specification, it may lead to rejections under 35 U.S.C. 112(a) for lack of written description or 35 U.S.C. 112(b) for indefiniteness.
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