How can examiners use interviews to resolve indefiniteness issues?
Examiners are encouraged to use interviews as an effective tool to resolve indefiniteness issues. The MPEP provides guidance on this approach:
“Issues of claim interpretation and clarity of scope may lend themselves to resolution through an examiner interview. For example, the examiner may initiate an interview to discuss, among other issues, the broadest reasonable interpretation of a claim in light of the specification, the meaning of a particular claim limitation, and the scope and clarity of preamble language, functional language, intended use language, and means-plus-function limitations, etc.”
Benefits of using interviews for indefiniteness issues:
- Can help develop and clarify issues related to claim interpretation
- May lead to a mutual understanding between the examiner and applicant
- Can potentially eliminate the need for a formal rejection under 35 U.S.C. 112(b)
- Allows for direct communication and immediate clarification
Examiners should document the substance of the interview, including any agreements reached or proposed claim amendments discussed to resolve indefiniteness issues.
To learn more: