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 .
Response to Arguments
Applicant’s arguments, see Remarks, filed 10/29/2025, with respect to the previous objections and 112 rejections of the claims (see FP #5-17, 23-25 of nonfinal action dated 8/6/2025) have been fully considered and are persuasive. Applicant has either amended or canceled the claims to obviate the issues. The previous objections and 112 rejections of the claims have been withdrawn.
Regarding Choi, Applicant must clarify the narrative form issue of claim 1.
Claim Objections
Claim 1 objected to because of the following informalities: on the last two lines of the claim, rephrase “the pusher is moved downward to the standby position and delivers the substrates to the in-tank carrier” to “the pusher delivers the substrates to the in-tank carrier and is moved downward to the standby position”. Examiner considers this is more consistent ordering to reflect what is occurring in Applicant’s sequence (see Applicant’s Figures 5-7 pusher 45). If Applicant disagrees, Examiner consider further argument. Appropriate correction is required.
Claim 5 objected to because of the following informalities: remove “distinct” from lines 4 & 6. Appropriate correction is required.
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 1, 5-6, 10, 14-15 is/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.
Claim 1 is narrative in form. Applicant must incorporate additional indentation(s) regarding the limitation. In particular, Examiner emphasizes that Applicant is not applying indentations after limitations such as: 1) “the posture turning includes:” and 2) the various positions (e.g. a rotating position, a delivery position, and a transport position are in reference to what?).
Claim 5 depends on claim 4, which has been canceled.
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 MARC LORENZI whose telephone number is (571)270-7586 and fax number is (571)270-8586. The examiner can normally be reached from 9-5 M-F.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor Gordon Baldwin at 571-272-5166. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MARC LORENZI/Primary Examiner, Art Unit 1718
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