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 .
Status of Previous Rejections
The rejections of Claims 1-2 under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph are maintained.
The rejections of Claims 1-2 under 35 U.S.C. 103 as being unpatentable over US’709 (WO 2018/131613, US 2020/0126709 is used as translation), and further in view of JP’946 (JP5332946B2) have been withdrawn in view of the applicants’ argument.
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 1-2 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 1 recites adjacent to the bent portion in line 13 and 19. Claim 2 also recite adjacent to the bent portion in line 2. The term “adjacent” is a relative term which renders the claim indefinite. The term “adjacent” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. Deviation angles depend on the distance between the position of straight line of the measurement point and the boundary line B (See Page 23; Fig. 8). Without defining the meaning of “adjacent”, the recited formula (1) to (4) are indefinite. Appropriate correction is required.
Response to Arguments
Applicant's arguments filed 12/01/2025 have been fully considered but they are not persuasive.
The applicants argued: “the Examiner argues that the term 'adjacent' is a relative term which renders the claims indefinite. Although the Specification does not explicitly define the term "adjacent," it is clear from the context thereof that the term "adjacent" refers to a measurement point that immediately precedes or follows another”.
In response, claim 1 recites adjacent to the bent portion in line 13 and 19. Claim 2 also recite adjacent to the bent portion in line 2. Deviation angles depend on the distance between the position of straight line of the measurement point and the boundary line B (See Page 23; Fig. 8). Without defining the meaning of “adjacent”, the recited formula (1) to (4) are indefinite. Appropriate correction is required.
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 Xiaowei Su whose telephone number is (571)272-3239. The examiner can normally be reached 8:00-5:00.
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/XIAOWEI SU/ Primary Examiner, Art Unit 1733
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