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 .
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.
Claim 14 is 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 14, line 2, it is unclear as to what is meant by “at least one of the at least one flexure.” In claim 14, line 9, it is still unclear as to what is meant by “there is a smaller than 1-to-1 relationship.” Appropriate correction is required.
Allowable Subject Matter
Claims 1-13, 15, and 37-42 are allowed.
Claim 14 would be allowable if rewritten 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 and to include all of the limitations of the base claim and any intervening claims.
Response to Arguments
Applicant's arguments with respect to the 35 USC 112(b) rejection filed 9/8/2025 have been fully considered but they are not persuasive.
"A decision on whether a claim is indefinite under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph requires a determination of whether those skilled in the art would understand what is claimed when the claim is read in light of the specification." MPEP §2173.02 (emphasis added) (citations omitted). The paragraph spanning pages 40 and 41 of Applicant's original disclosure provides insight into the meaning of this term and how it may be achieved in certain non-limiting circumstances. Applicant submits that, in view of this disclosure, the person of ordinary skill would have found the language of claim 14 to be sufficiently definite, so withdrawal of the §112(b) rejection is requested.”
In response, the examiner argues that is still unclear as to what is meant by “there is a smaller than 1-to-1 relationship” in claim 14, and the mere recitation of a portion of the specification without explaining the connection the actual claim language in question adds no clarity and therefore this rejection is maintained.
Applicant’s arguments, see pages 2-6 of the response, filed 9/8/2025, with respect to claims 1-9, 11-13, and 15 have been fully considered and are persuasive. The rejection of claims 1-9, 11-13, and 15 as being anticipated by Ma (AU 2012100637 A4) has been withdrawn.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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.
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/JERMIE E COZART/Primary Examiner, Art Unit 3799
December 11, 2025