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montysimmons
montysimmons, Patent Prosecutor
Category: Intellectual Property Law
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Experience:  Electrical Engineer, South Carolina Attorney, Member of US Patent Bar
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In the claim from previous example, I changed: “removing said

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In the claim from previous example, I changed:
“removing said FIRST DISTINCTIVE SIGN from said display apparatus after any event counter is incremented.”

Assuming that written description does explain what are the ‘non-simultaneous’ events, but never uses the words ‘non-simultaneous’, is the format of the three claims below, correct? Biggest concern are the the upper case words.

1. A method of counting events from two sensors during a floating boat detection process when said sensors generate events simultaneously, the method comprising the steps of:
…. …..

removing said first distinctive sign from said display apparatus upon a PRESELECTED EVENT.

2. The method of claim 1, wherein said preselected event is one of (a) incrementing one event counter upon an occurrence of NON-SIMULTANEOUS events, and (b) incrementing one event counter upon detection of simultaneous events by said electric apparatus.

3. The method of claim 1, wherein said preselected event is incrementing one event counter upon detection of simultaneous events by said electric apparatus.

Looks good, a few concerns.

 

(1) "Non-Simultaneous"

 

It would have been better, of course, had you used the term "non-simultaneous" in the written description and defined it. That said, by default, a non-simultaneous event will likely be any event that is not considered simultaneous.

 

If such is OK then no problem.

 

(2) "preselected" v "predefined"

 

I do not know how your written description covers such term so I cannot say for sure in your specific case which is better. That said, I personally prefer "predefined" over "preselected".

 

Likely not a huge deal but just a preference thing.

 

 

(3) "upon detection"

 

Note the following :

 

(a) ". . . incrementing one event counter upon an occurrence of NON-SIMULTANEOUS events, and . . . "

 

now note the following

 

(b) ". . . incrementing one event counter upon detection of simultaneous events by said electric apparatus. . . . "

 

note in (a) upon occurrence of non-simultaneous events

 

and

 

(b) upon detection of simultaneous events

 

 

Is this correct ? Just seems both need to be "detected" Depends on the written description

 

(4) "is" v "comprising"

 

3. The method of claim 1, wherein said preselected event is . . . .

 

the following is better:

 

3. The method of claim 1, wherein said preselected event comprises . . . .

 

 

Looks good overall.

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