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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 09 September 2026 has been entered.
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.
Claims 1, 4-5, and 7-13 are rejected under 35 U.S.C. 112(b) 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 “at least one selected from the group consisting of succinic acid, glutaric acid, and adipic acid, a dicarboxylic acid having 10 or more carbon atoms, and a monocarboxylic acid” and a ratio of succinic/glutaric/adipic acid to monocarboxylic acid being 0.8-10. Claim 1 recites what appears to be a Markush grouping of succinic acid, glutaric acid, and adipic acid, but based on the drafting of the claim, it appears to also state further dicarboxylic acid and monocarboxylic acid materials. As such, it is unclear if applicant is positively reciting the presence of one or more of succinic acid, glutaric acid, and adipic acid and also a dicarboxylic acid having 10 or more carbon atoms and also a monocarboxylic acid, or just one of these materials. This also makes it unclear what ratio of the materials is required. The public is therefore not appropriately appraised of the scope of the claims. Clarification is required. Claims 4-5 and 7-13 are included in this rejection as they depend upon a rejected claim.
Allowable Subject Matter
Claims 1, 4-5, and 7-13 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.
The following is a statement of reasons for the indication of allowable subject matter: The closest prior art to the instant claims is that of Nakano (JP2015-123491 – machine translation previously of record). Nakano teaches the use of a combination of mono- and di-carboxylic acids, but does not teach the claimed ratio.
Newly discovered prior art of Boulord et al. (US 2014/0370311) teaches a composition of a metal powder, solder powder, and fluxing powder (abstract). The fluxing powder also comprises dicarboxylic acid (Paragraph 72) and a monocarboxylic acid (Paragraph 73) in a ratio overlapping that which is claimed (Paragraphs 72 and 74). However, Boulard is silent regarding the presence of rosin and a thixotropic agent for the flux. Further, the mono- and di-carboxylic acids taught by Boulard are to flux the metal powder (Paragraphs 72-73) and the metal powder has a melting point of over about 600 °C (Paragraph 51) significantly different than the teachings of Nakano and therefore there is insufficient rationale to combine Boulard with the teachings of Nakano.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SETH DUMBRIS whose telephone number is (571)272-5105. The examiner can normally be reached M-F 6:00 AM - 3:30 PM.
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SETH DUMBRIS
Primary Examiner
Art Unit 1784
/SETH DUMBRIS/Primary Examiner, Art Unit 1784
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