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 .
Specification
The amendment filed 06/06/2025 is objected to under 35 U.S.C. 132(a) because it introduces new matter into the disclosure. 35 U.S.C. 132(a) states that no amendment shall introduce new matter into the disclosure of the invention. The added material which is not supported by the original disclosure is as follows: “at least one locking element” and “the at least one locking element may be in the form of a threaded fastener, e.g. a nut, for example, for threadably connecting with a threaded rod or bolt. According to some example embodiments, the control device comprises two locking elements”.
Applicant is required to cancel the new matter in the reply to this Office Action.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 2 and 10-12 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Regarding claim 2, the originally-filed disclosure does not describe “fluidic communication with the outer environment only via at least one dedicated and controllably sealable conduit or vent”. The specification and drawings do not disclose a conduit or vent and the fluidic communication occurring only via a conduit or vent. Therefore, this limitation fails to comply with the written description requirement.
Regarding claim 10, the originally-filed disclosure does not describe “at least one mechanical locking fastener selected from a nut threaded on a rod or bolt, a set screw, or a clamping collar, the fastener being actuatable between a locked state and an unlocked state to respectively impede and allow relative movement of the first support portion with respect to the second support portion”. The originally-filed specification and drawings do not disclose the locking element being at least one mechanical locking fastener and the mechanical locking fastener being selected from a nut threaded on a rob or bolt, a set screw, or a clamping collar. Therefore, this limitation fails to comply with the written description requirement.
Regarding claims 11-12, claims 11-12 are rejected because they depend from rejected claim 10.
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 1-14 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.
Regarding claim 1, “the inspection system” lacks antecedent basis.
Regarding claim 10, “the fastener” lacks antecedent basis.
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claims 13-14 are rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends. Claims 13 and 14 contain limitations which have already been claimed in independent claim 1. Claims 13 and 14 do not further narrow or limit the scope of claim 1. Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
Prior Art Rejection
Claims 1-14 are currently free from prior art. See previous Non-Final Rejection dated 07/08/2025 for relevant cited prior art.
Response to Arguments
Applicant's arguments filed 01/08/2026 have been fully considered but they are not persuasive for the following reason:
Regarding Applicant’s argument that the specification supports the limitations of claim 10 (a mechanical locking fastener), Examiner disagrees. As discussed above, the originally-filed specification does not contain the features “a mechanical locking fastener selected from a nut threaded on a rod or bolt, a set screw, or a clamping collar”. Applicant has attempted to amend the specification on 06/06/2025 to incorporate this limitation. However, because this limitation was not in the originally-filed disclosure, the limitation is new matter. See above specification objection and 35 USC 112(a) rejection. Therefore the rejection is maintained.
Applicant’s arguments, see pages 8-10, filed 01/08/2026, with respect to the 35 USC 102 and 103 rejection of claims 1-14 have been fully considered and are persuasive, as Applicant has amended the claims to include limitations further clarifying the isolation chamber and inspection system configuration. The 35 USC 102 and 103 rejections of claims 1-14 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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to VERONICA MARTIN whose telephone number is (571)272-3541. The examiner can normally be reached Monday-Thursday 8:00-6:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Anna Kinsaul can be reached at (571)270-1926. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/VERONICA MARTIN/Primary Examiner, Art Unit 3731