Final Rejection
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . Following a non-final action, applicant filed a response on 8/28/2025 in which claims 1-4 and 8 are amended. Claims 1-11 are pending.
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 9-10 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.
In claim 9, the last clause of the claim says that the angular displacement is “in the range from 10 to 40 angular degrees, optimally at an angle of 30 angular degrees.” It is not clear if 30 is merely desired or is an actual requirement of the claim. This is not required for allowance, so “, optimally at an angle of 30 angular degrees” can be deleted. Or, it should be made a clear requirement if that is desired.
In claim 10, the last clause of the claim says that the phase difference is “within 15-25 angular degrees, being optimally equal to 20 angular degrees.” Again, it is not clear if 20 is merely desired or is an actual requirement of the claim. This is not required for allowance, so “, being optimally equal to 20 angular degrees” can be deleted. Or, it should be made a clear requirement if that is desired.
Allowable Subject Matter
Claims 1-8 and 11 are allowed, and claims 9-10 are allowable subject to correction of the 112 rejections above. Reasons were given in the 8/19/2025 action
Response to Amendment
In the prior action all claims were rejected as indefinite, with specific issues noted as to claims 1-4 and 8-10. Applicant has corrected the issues as to 1-4 and 8, but did not amend claims 9-10.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to James Menefee whose telephone number is (571)272-1944. The examiner can normally be reached M-F 7-4.
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/JAMES A MENEFEE/ Primary Examiner, Art Unit 2828
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