DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1-4, 12-13, 18-21, 23-24, 26, and 28-33 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the enablement requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to enable one skilled in the art to which it pertains, or with which it is most nearly connected, to make and/or use the invention.
Amended claim 1, and new claim 33, recites “wherein the curable substance forms a textured surface between side edges of the panel, the textured surface having an inclination between 45 and 90 degrees with respect to a panel plane after completion of decorating the ceramic panel.” However, there is no description of which part of the surface is inclined. Is it an inclination of the surface as a whole? Texture implies that the surface is made of uneven heights. Is it an inclination of each of the areas that are closer to the surface or of all of the surface areas? Are they all at the same inclination, or just each one between 45 and 90 degrees? Without further description or illustration, the examiner is unable to determine exactly what structure is intended to be claimed and therefore one skilled in the art would be unable to make and/or use 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 1-4, 12-13, 18-21, 23-24, 26, and 28-33 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.
Amended claim 1, and new claim 33, recites “wherein the curable substance forms a textured surface between side edges of the panel, the textured surface having an inclination between 45 and 90 degrees with respect to a panel plane after completion of decorating the ceramic panel.” However, there is no description of which part of the surface is inclined. Is it an inclination of the surface as a whole? Texture implies that the surface is made of uneven heights. Is it an inclination of each of the areas that are closer to the surface or of all of the surface areas? Are they all at the same inclination, or just each one between 45 and 90 degrees? Without further description or illustration, the claim is indefinite because the examiner is unable to determine exactly what structure is intended to be claimed.
Because the examiner is unable to determine the scope of the claims, the structure cannot be evaluated on its merits at this time.
Response to Arguments
Applicant’s arguments filed June 1, 2026 and June 23, 2026 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. Because the examiner is unable to determine the scope of the claims, the invention cannot be properly examined at this time.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Jill E Culler whose telephone number is (571)272-2159. The examiner can normally be reached M-F 8:30-5:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Stephen Meier can be reached at 571-272-2149. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JILL E CULLER/ Primary Examiner, Art Unit 2853
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