DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 1/30/2026 has been entered.
Response to Arguments
Applicant’s remarks filed 1/30/2026 concerning the rejections under 35 U.S.C. 112 are persuasive, as the issues are addressed by amendment. Additional issues are identified in rejoined claims 37, 38, and 43, and a new issue is raised by amendment in claim 40.
Election/Restrictions
Claim 30 is allowable. Claims 37-38 and 43-45, previously withdrawn from consideration as a result of a restriction requirement, require all the limitations of an allowable claim. Pursuant to the procedures set forth in MPEP § 821.04(a), the restriction requirement between Species A and B, as set forth in the Office action mailed on 06/15/2023, is hereby withdrawn and claims 37-38 and 43-45 are hereby rejoined and fully examined for patentability under 37 CFR 1.104. In view of the withdrawal of the restriction requirement, applicant(s) are advised that if any claim presented in a divisional application is anticipated by, or includes all the limitations of, a claim that is allowable in the present application, such claim may be subject to provisional statutory and/or nonstatutory double patenting rejections over the claims of the instant application. Once the restriction requirement is withdrawn, the provisions of 35 U.S.C. 121 are no longer applicable. See In re Ziegler, 443 F.2d 1211, 1215, 170 USPQ 129, 131-32 (CCPA 1971). See also MPEP § 804.01.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 37, 38, 40, and 43 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 37 recites the limitation "the reflecting and/or emitting element" in lines 7-8. There is insufficient antecedent basis for this limitation in the claim. Previously, “at least one reflecting and/or emitting element” is introduced and it is unclear if “the reflecting and/or emitting element” refers to this group or only one such element.
Claim 38 recites the limitation "the reflecting and/or emitting element" in line 7. There is insufficient antecedent basis for this limitation in the claim. Previously, “at least one reflecting and/or emitting element” is introduced and it is unclear if “the reflecting and/or emitting element” refers to this group or only one such element.
Claim 40 recites the limitation "the at least one reflecting element" in line 2. There is insufficient antecedent basis for this limitation in the claim. Previously, only a “reflecting and/or emitting element” is established. If it is the intent to require this element be a reflecting element, language such as: --wherein the reflecting and/or emitting element comprises a metallic reflecting element-- is suggested for claim 40.
Claim 43 recites the limitation "the diameter ds" and “the diameter dr” in line 3. There is insufficient antecedent basis for these limitations in the claim.
Claim 43 recites the limitation "the same velocity of the object to be simulated" in line 7. There is insufficient antecedent basis for this limitation in the claim. There is no previous velocity of the object to be simulated established. In claim 30, “a motion of the movable part of the object to be simulated” is established; it is not clear if the velocity referenced in claim 43 is the velocity of this “movable part” motion or rather a different velocity of the object to be simulated.
Allowable Subject Matter
Claims 30, 32-36, 39, 41-42, 44-49 are allowed.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Matthew M Barker whose telephone number is (571)272-3103. The examiner can normally be reached M-Th, 8:00 AM-4:30 PM; Fri 8 AM-12 PM Eastern Time.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jack Keith can be reached at 571-273-6878. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MATTHEW M BARKER/Primary Examiner, Art Unit 3646
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