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 .
Claims 1-21 have been presented for examination.
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 9-12 and 20-21 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.
The term “predominantly” in claims 9-12 and 20-21 is a relative term which renders the claim indefinite. The term “predominantly” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention.
Response to Arguments
Applicant’s arguments, see REMARKS, filed 7/6/26, with respect to claim 1 has been fully considered and are persuasive. The 102 rejections of claims 1 and 14 have been withdrawn.
Applicant's arguments filed 7/6/26 with respect to the 112 rejections for claims 9-12 have been fully considered but they are not persuasive.
In the REMARKS, applicants argue in substance that the specification defines the term “predominantly” in paragraphs [0031]-[0033].
In response to applicants argument, paragraphs [0031]-[0033] and Fig. 3 discuss the term “predominantly” but do not give any context to provide the standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. Specifically, the paragraphs disclose that there are two predominant directions, forward and downward. The paragraphs discuss subsets of quadrant IV which include both a forward and predominantly downward direction (IV,i), a transitional quadrant (IV.II) and a downward and predominantly forward direction (undefined). It is taught that quadrant IV,I begins at 0 degrees and quadrant IV,II ends somewhere between -90 and -60 degrees, preferably at -75 degrees. Both quadrants together add up to αIV. It is taught that somewhere in between αIV≤ α≤ αIV,i (i.e., quadrant IV.II) exists a downward/forward transition region. There are two issues with this.
First issue is that we do not know where αIV,i begins. The cited paragraphs discuss in depth how αIV can change depending on conditions [0033] but there is no discussion regarding how αIV,i changes as well. Thus, we have no way to truly identify where the initial transitional boundary exists for a given point in time.
Second, the endpoint of quadrant IV.II is explicitly taught to be -90degrees in one example. If that is the case, then there would not actually be a predominantly downward direction since quadrant IV would then consist of only quadrant IV.I (i.e., predominantly forward) and quadrant IV.II, (i.e., the transitional boundary quadrant) wherein the transition point can be at -90degrees.
At best, the examiner can only determine that the transitional boundary is somewhere in quadrant IV and there may or may not be a forward and predominantly downward direction. This does not give the context to provide the standard for ascertaining the requisite degree to when something is predominantly forward or predominantly downward as addressed in the rejection above.
Allowable Subject Matter
Claims 1-8 and 13-19 are allowed.
Conclusion
THIS ACTION IS MADE FINAL. 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 MARK A CONNOLLY whose telephone number is (571)272-3666. The examiner can normally be reached Monday-Friday 9am-5pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kamini Shah can be reached at 571-272-2279. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MARK A CONNOLLY/Primary Examiner, Art Unit 2115 8/28/26
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