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   Method steps to be performed by a specific actor
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   Author  Topic: Method steps to be performed by a specific actor  (Read 1925 times)
iploya
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Method steps to be performed by a specific actor
« on: Oct 16th, 2007, 4:09pm »
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I am claiming a method wherein some of the method steps are to be performed by a specific actor.
 
What is a good way to indicate that the actor is the one performing a step?
 
The only approach that currently comes to mind is, for example:
 
A method, comprising:
 
providing a plurality of widgets to a customer;  
 
selecting some of the widgets by the customer;
 
...
 
« Last Edit: Oct 16th, 2007, 4:09pm by iploya » IP Logged
pentazole
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Re: Method steps to be performed by a specific act
« Reply #1 on: Oct 16th, 2007, 4:30pm »
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I'm not too savvy with these types of claims, but can you skip the step 2 and go directly to your next step which is let's say, machining the widgets?  some thing like:
 
providing a plurality of widgets to a customer;
machining the widgets selected by the customer;...
 
?
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iploya
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Re: Method steps to be performed by a specific act
« Reply #2 on: Oct 16th, 2007, 4:43pm »
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Thanks for the suggestion.  Well, I am alleging/hoping that some of the patentability of my method resides in who is doing what.  So, what I am striving for is a claim that clearly indicates which actor is performing certain steps.
 
After discussing with my SA, I am considering two approaches, either:
 
 
providing a plurality of widgets to a customer;  
 
the customer selecting some of the widgets;
 
OR
 
providing a plurality of widgets to a customer;  
 
selecting some of the widgets;
 
...
 
wherein the step of selecting some of the widgets is performed by the customer.
« Last Edit: Oct 16th, 2007, 4:44pm by iploya » IP Logged
PA
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Re: Method steps to be performed by a specific act
« Reply #3 on: Oct 16th, 2007, 5:24pm »
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Right now you have one actor doing the providing.  And another actor doing the selecting.  Wouldn't infringement be difficult to prove?
 
How about:
 
receiving a selection of some of the plurality of widgets from the customer
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DJoshEsq
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Re: Method steps to be performed by a specific act
« Reply #4 on: Oct 17th, 2007, 10:23am »
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I would also give some funcational limitations to the customer (what makes the customer different than those that have selected in the past)
« Last Edit: Oct 17th, 2007, 10:24am by DJoshEsq » IP Logged

D. Joshua Smith, Esq.
Registered Patent Attorney
McDonald Hopkins, LLC
Cleveland, OH
216-348-5400
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