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 .
Election/Restrictions
Claim 9 is withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected inf3n5ion, there being no allowable generic or linking claim. Election was made without specific argument against the restriction and is thus treated as an election without traverse.
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 1-8 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.
The limitation “wherein the controller executes first control for causing the laser light to be modulated by the spatial light modulator such that the laser light is branched into a plurality of rays of processing light and a plurality of converging points of the plurality of rays of processing light are positioned in different positions in a direction perpendicular to an irradiation direction of the laser light” is indefinite as read literally the laser light is branched into the plurality of rays and thus it can’t be positioned perpendicularly with respect to itself.
While the examiner understands that this limitation appears in the specification it is indefinite how the laser light comprises sections (e.g. L0, L1, L2) which are both part of the laser irradiation direction and positioned perpendicular to the irradiation direction. Perhaps it could be stated that modulated rays (e.g. L1 and L2) are positioned perpendicularly with respect to unmodulated ray (L0).
Allowable Subject Matter
Claims 1-8 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action. Assuming the examiner’s interpretation of the intent of claim 1 is correct, in view of the 112b rejection, the prior art fails to teach “wherein the controller executes first control for causing the laser light to be modulated by the spatial light modulator such that the laser light is branched into a plurality of rays of processing light and a plurality of converging points of the plurality of rays of processing light are positioned in different positions in a direction perpendicular to an irradiation direction of the laser light, and wherein, in the first control, the laser light is modulated such that the modified region is present between a converging point of non-modulated light of the laser light and an opposite surface on a side opposite to a laser light incidence surface of the object in the irradiation direction.”
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to WOODY A LEE JR whose telephone number is (571)272-1051. The examiner can normally be reached Monday - Friday 0800-1630.
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/WOODY A LEE JR/Primary Examiner, Art Unit 3761
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