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 .
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
Claim Rejections - 35 USC § 112
Claims 1-14 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.
Considering claim 1, the phrase “wherein the application of the force is terminated while a linear correlation between force and compression is recorded”, in lines 12-13, is supported by the specification in that the application of force is terminated within a fraction of a preset duration of a typical duration of the linear correlation between force and compression for a given material type, wall thickness and height of a container, see originally filed specification [0009] and [0011-13]. However, the claim language fails to consider the possibility that the material is so flawed that it will plastically deform prior to the preset duration, and thus, the recording will cover a portion of the non-linear region as well. Therefore, the Examiner is unable to find adequate written support for only cases where the device is configured to terminate recording during the linear correlation region.
A more appropriate recitation of the claim language, that is supported by the specification, would be: “the application of the force is terminated within a preset duration of a typical duration of the linear correlation between force and compression for a given material type, wall thickness and height of the said at least one blow molded container”.
Claims 2-12 are also rejected based on their dependency upon claim 1.
Considering claim 13, the phrase “the device is configured to terminate the force applied onto the top of the container (1) before the recording of non-linear correlation between force and compression”, in lines 13-15, is supported by the specification in that the application of force is terminated within a fraction of a preset duration of a typical duration of the linear correlation between force and compression for a given material type, wall thickness and height of a container, see originally filed specification [0009] and [0011-13]. However, the claim language fails to consider the possibility that the material is so flawed that it will plastically deform prior to the preset duration, and thus, the recording will cover a portion of the non-linear region as well. Therefore, the Examiner is unable to find adequate written support for only cases where the device is configured to terminate recording during the linear correlation region.
A more appropriate recitation of the claim language, that is supported by the specification, would be: ““the device is configured to terminate the force applied onto the top of the container (1) before a preset duration of a typical duration of the linear correlation between force and compression for a given material type, wall thickness and height of the said at least one blow molded container”.
Claims 14 is also rejected based on its dependency upon claim 13.
Conclusion
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/JONATHAN M DUNLAP/Primary Examiner, Art Unit 2855 November 1, 2025