DETAILED ACTION
Claims 1-12 are pending, of which claims 7-12 have been withdrawn.
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 with traverse of Group I in the reply filed on 2/26/26 is acknowledged. The traversal is on the ground(s) that a serious burden on search and examination of the entire claim set is absent. This is not found persuasive because as noted in the original restriction requirement, the method of determining a metal/ceramic ratio of Group I has a separate status in the art from the remaining claims related to formation of a catalyst. Further, claims drawn to forming a catalyst would likely require different fields of search as compared to the elected claims drawn to inspecting a material.
The requirement is still deemed proper and is therefore made FINAL.
Drawings
The drawings are objected to because FIG.’s 5-12 include words that are too small to be easily read. Specifically, the words inside inspection device 4 of each figure are too small. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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 4 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.
Claim 4 recites the limitation "the honeycomb structure" in line 3. There is insufficient antecedent basis for this limitation in the claim.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1-2 and 6 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 20060201917 (“Bohmisch”).
Regarding claim 1, Bohmisch teaches a method for determining a ratio of two different thermally sprayed materials (see e.g. paragraphs [0010] and [0016], describing the process of determining a material distribution image). Bohmisch teaches that the method is particularly suited for when one of the materials is a metal and the other ceramic (see e.g. paragraph [0017]). The method includes obtaining an image of the material while irradiating the material with light (see e.g. paragraph [0024]). The method of Bohmisch then includes determining the material distribution, which is a ratio, of the two materials in the image obtained (see e.g. paragraph [0016]).
Regarding claim 2, Bohmisch does not specifically state the angle at which the light is imaged. However, FIG.’s 3 and 4 of Bohmisch show that the light is generally perpendicular to the material, or at an angle of close to 90° (see e.g. FIG.’s 3-4).
Regarding claim 6, Bohmisch teaches that the method is for online inspection and control, which would include determining whether the ratio is in a predetermined range (see e.g. paragraph [0010]).
Allowable Subject Matter
Claims 3 and 5 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Claim 4 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.
Claims 4 and 5 expressly recite that the thermally sprayed material is in layers on a structure. This is in contrast to claim 1 that only requires that the materially be thermally sprayed. Bohmisch teaches that the method is performed during the spaying process in order to inspect and control the spraying (see e.g. paragraph [0010]). Although the material being imaged in Bohmisch is a “thermally sprayed material”, it is not present during the method on a surface of a structure. Bohmisch does not teach or fairly suggest that the method could be performed after the material is sprayed onto a structure. Further, because the method of Bohmisch is for the purpose of controlling the spraying process, it would not have been obvious to modify Bohmisch to obtain an image and determine the ratio of the final after sprayed product.
Claim 3 recites that the imaging uses a specific range for illuminance measured in lux. Bohmisch teaches that the method uses infrared light (see e.g. paragraph [0011]). As infrared light cannot be measured in lux, Bohmisch does not teach the limitations of claim 3.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ERIC S SHERMAN whose telephone number is (703)756-4784. The examiner can normally be reached Monday-Friday 8:30-5:00 ET.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Anthony Zimmer can be reached at (571)270-3591. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/E.S.S./Examiner, Art Unit 1736
/ANTHONY J ZIMMER/Supervisory Patent Examiner, Art Unit 1736
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