DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
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 9 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. Regarding claim 9, the phrase “wherein depths of the plurality of cuts into the first surface are selected to be appropriate from making curvatures of the channel letter” is indefinite. Specifically, the phrase “selected to be appropriate” is ambiguous. What structure permits the depths of the cuts to be “selected to be appropriate” or does a human/operator “select the depths to be appropriate?” If the depths are selected by an operator, what structure permits this selection or does the operator merely select appropriate depths from their own personal knowledge?
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 pre-AIA 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 –
(b) the invention was patented or described in a printed publication in this or a foreign country or in public use or on sale in this country, more than one year prior to the date of application for patent in the United States.
Claims 2-5 and 7-9 are rejected under pre-AIA 35 U.S.C. 102(b) as being anticipated by KR2003004313 to Park.
In re claim 2, Park teaches an apparatus for making cuts on a profile having first and second surfaces, the apparatus comprising:
a feeder (2) configured to feed the profile into a folding machine along a longitudinal axis, wherein the profile (is capable of including) includes at least one rib disposed on the first surface;
a cutter (41,42) (is capable of being) positioned to make a plurality of cuts at determined positions on the first surface of the profile and to the at least one rib, the plurality of cuts including a first cut at a center line corresponding to a line about which the profile is to be folded and at least one additional cut on either side of the center line;
a first driver (13) coupled to the cutter (41,42) and configured to drive the cutter toward and away from the first surface of the profile
a stopper (threads of feed shaft 13) coupled to the first driver and positionable between different positions to set a cutting depth of the cutter,
a second driver (30) coupled to the cutter and configured to drive the cutting along the first surface of the profile such that the plurality of cuts are appropriate for making curvatures of a channel letter, and
wherein the first cut and the at last one additional cut are cuts for one fold of the profile.
Note, the preamble is directed to an apparatus, not the workpiece; therefore, the claimed structures merely have to be capable of performing the intended cuts.
In re claim 3, wherein the cuts made to the at least one rib are V-cuts (as shown in at least Figure 7).
Note, the preamble is directed to the cutting apparatus, not the workpiece; therefore, the cuts merely have to be capable of being made into one rib and v-cuts.
In re claim 4, further comprising a Z-axis slide rail (14) coupled to the first driver, the Z-axis slide rail configured to guide forward and backward movement of the cutter toward and away from the first surface of the profile.
In re claim 7, wherein the cuts made to the at least one rib are U-cuts (as shown in at least Figure 2).
Note, the preamble is directed to the cutting apparatus, not the workpiece; therefore, the cuts merely have to be capable of being made into one rib and v-cuts.
In re claim 8, wherein the first cut (is capable of being made) made at the center line and the at least one additional cut on either side of the center line are scratch lines which are used for folding of the profile (Pg. 11, lines 3-14).
In re claim 9, as best understood, wherein depths of the plurality of cuts into the first surface are (capable of being) selected to be appropriate for making curvatures of the channel letter.
Note, the preamble is directed to an apparatus and it has been interpreted an operator can select an appropriate depth of cut.
Response to Arguments
The drawing, claim, and specification objections in the Office Action mailed March 24, 2026 have been obviated by the amendments filed July 6, 2026.
The 112, first and second paragraph rejections in the Office Action mailed March 24, 2026 have been overcome by the amendments filed July 6, 2026.
Applicant’s arguments with respect to claims 2-4 and 7-9 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JENNIFER S MATTHEWS whose telephone number is (571)270-5843. The examiner can normally be reached Monday-Thursday 8am-4pm.
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/JENNIFER S MATTHEWS/ Primary Examiner, Art Unit 3724
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