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Means plus function claim, How to describe?

Means plus function claim, How to describe?
« on: February 02, 2017, 06:13:10 PM »
If I want to file a claim containing means plus function claim, which description in the specification would be better in terms of wider claim scope? Or any other suggestions?

Claim:
…an electrical drive device for moving the tube..

Specification Examples:
1) According to one embodiment, the electrical drive device may be a motor device or a solenoid device.
The motor device or the solenoid device may comprise A for moving the tube. Also, it may comprise B for moving the tube.
..comprise C…. comprise F.
A motor device or a solenoid device for moving a tube is disclosed in US patent 11111, and thus, is not described in further detail.

2) According to one embodiment, the electrical drive device may be a motor device or a solenoid device.
A motor device or a solenoid device for moving a tube is disclosed in US patent 11111, and thus, is not described in further detail.

-----Discussion points
IMHO, the electrical drive device for … is means plus function claim. Then the scope of the claim may be restricted to what is recited in the specification.

In 1), I tried to list technical details of the electrical drive device for moving the tube as many as possible. Would my claim be restricted to the list (comprising A to F) by providing detailed description??

In 2), I didn’t list details but just referred to a prior art. I thought this would also satisfy the description requirement for a person of ordinary skill to make/use the claimed technique easily.
However, would my claim be restricted to the disclosure of the prior art (which could be 20 years old) ??





Brad

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Re: Means plus function claim, How to describe?
« Reply #1 on: February 03, 2017, 11:18:13 AM »
I am not a big fan of means plus function language. 

You may be better off calling this particular drive a "tube positioner" or something like that and leave it like that without mentioning in the claims what it does (at least not if your first few claims).    In theory this should get you broader coverage on that drive vs. doing it as "means plus function".

You can still describe different embodiments and features of the tube positioner in the spec.

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