DETAILED ACTION
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 .
Election/Restrictions
Applicant’s election of group I, claims 1-17 in the reply filed on 12/18/2025 is acknowledged. Because applicant did not distinctly and specifically point out the supposed errors in the restriction requirement, the election has been treated as an election without traverse (MPEP § 818.01(a)).
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 1-17 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 the limitation "the sequence element properties" in line 10. There is insufficient antecedent basis for this limitation in the claim. Are these properties the ‘specific sequence element properties’ or are these different? The Examiner requests that the Applicant please clarify.
Claim 1 recites the limitation "the laser focus" in line 10. There is insufficient antecedent basis for this limitation in the claim.
Claim 10 recites the limitation "the sequence" in line 12. There is insufficient antecedent basis for this limitation in the claim. Is this referring to ‘the sequence of laser pulses’ or is this a different sequence? The Examiner requests that the Applicant please clarify.
Claim 3 is indefinite because it is unclear what is meant by “wherein the sequence element properties comprise development of the sequence element over time during the introduction of the sequence element”. The Examiner does not understand what is being claimed. How can sequence element properties comprise the development of the sequence element? Development of an element are not considered properties. Furthermore, how can the development of the sequence element over time occur during the introduction of the sequence element? The Examiner requests that the Applicant please clarify what is actually being claimed.
Claim 4 is indefinite because it is unclear what is meant by “the sequence element properties comprise time interval”. This time interval has not been previously claimed. Does the Applicant mean to say “a time interval”? The Examiner requests that the Applicant please clarify.
Claim 4 recites the limitation "the preceding and/or subsequent sequence element" in line 2. There is insufficient antecedent basis for this limitation in the claim.
Claim 7 is indefinite because it is unclear if “a sequence element” is referring to one of the “at least two different sequence elements” from claim 1 or if this is a different sequence element. For the purpose of examination, it is one of the sequence elements from claim 1.
Claim 8 is indefinite because it is unclear if “a sequence element” is referring to one of the “at least two different sequence elements” from claim 1 or if this is a different sequence element. For the purpose of examination, it is one of the sequence elements from claim 1.
Claim 14 is indefinite because it is unclear if “a sequence element” is referring to one of the “at least two different sequence elements” from claim 1 or if this is a different sequence element. For the purpose of examination, it is one of the sequence elements from claim 1.
Claim 15 is indefinite because it is unclear if “a sequence element” is referring to one of the “at least two different sequence elements” from claim 1 or if this is a different sequence element. For the purpose of examination, it is one of the sequence elements from claim 1.
Claim 17 is indefinite because it is unclear if “a sequence” is the same sequence from claim 1 or if it is a different sequence. For the purpose of examination, it the same sequence from claim 1.
Claim 17 is indefinite because it is unclear what is meant by “the laser pulses of a sequence are introduced into the material with delay compensation”. What is meant by delay compensation? What is compensated? How is it compensated? It is unclear what is meant and requests that the Applicant please clarify this limitation.
Claims 1-17 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. Prior art was not found that taught or suggested the method as claimed that included the sequence elements as claimed.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ERIN B SAAD whose telephone number is (571)270-3634. The examiner can normally be reached Monday-Thursday 7:30a-6p.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Keith Walker can be reached at 571-272-3458. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ERIN B SAAD/Primary Examiner, Art Unit 1735