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Topic: Method steps to be performed by a specific actor (Read 3379 times) |
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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; ...
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« Last Edit: Oct 16th, 2007, 4:09pm by iploya » |
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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.
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« Last Edit: Oct 16th, 2007, 4:44pm by iploya » |
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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)
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« Last Edit: Oct 17th, 2007, 10:24am by DJoshEsq » |
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D. Joshua Smith, Esq. Registered Patent Attorney McDonald Hopkins, LLC Cleveland, OH 216-348-5400
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