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 .
Response to Amendment
This action is responsive to correspondence filed March 25, 2026.
Claims 1-20 are currently pending. Claims 1, 6-9, 11, 14, 17-18 and 20 have been amended. Entry of this amendment is accepted and made of record.
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 6-7, 14-15 and 20 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 “the portion of the preform extends about an entirety of the circumference of the preform” in claim 6 is a relative term which renders the claim indefinite.
Claim 7 depends upon claim 6, therefore is rejected at least for the same reasons as to claim 6.
The term “the portion of the preform extends about an entirety of the circumference of the preform” in claim 14 is a relative term which renders the claim indefinite.
Claim 15 depends upon claim 14, therefore is rejected at least for the same reasons as to claim 6.
The term “the portion of the preform extends about an entirety of the circumference of the preform” in claim 20 is a relative term which renders the claim indefinite.
Allowable Subject Matter
Claims 1-5, 8-13 and 16-19 are allowed.
The following is an examiner’s statement of reasons for allowance:
Regarding claim 1, the closest prior art alone or in combination fails to teach or render obvious the specific limitation of “measuring the temperature of a portion of the preform, the portion of the preform extending longitudinally along its longitudinal axis and circumferentially around its circumference, wherein the preform is rotated about its longitudinal axis during the measuring step” when combined with all the limitations of claim 1.
Hence, the prior art of record fails to teach the invention as set forth in claims 1-5 and 8-10. The examiner cannot find teaching of the invention, nor reasons within the cited art to combine the elements of the references other than applicant's own reasoning to fully encompass the current pending claims.
Regarding claim 11, the closest prior art alone or in combination fails to teach or render obvious the specific limitation of “measuring the temperature of a portion of the preform, the portion of the preform extending longitudinally along its longitudinal axis and circumferentially around its circumference, wherein the preform is rotated about its longitudinal axis during the measuring step” when combined with all the limitations of claim 11.
Hence, the prior art of record fails to teach the invention as set forth in claims 11-13 and 16-17. The examiner cannot find teaching of the invention, nor reasons within the cited art to combine the elements of the references other than applicant's own reasoning to fully encompass the current pending claims.
Regarding claim 18, the closest prior art alone or in combination fails to teach or render obvious the specific limitation of “measuring the temperature of a portion of the preform, he portion of the preform extending longitudinally along its longitudinal axis and circumferentially around its circumference, wherein the measuring step is performed with the infrared camera while the preform is rotating about its longitudinal axis” when combined with all the limitations of claim 18.
Hence, the prior art of record fails to teach the invention as set forth in claims 18-19. The examiner cannot find teaching of the invention, nor reasons within the cited art to combine the elements of the references other than applicant's own reasoning to fully encompass the current pending claims.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
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 JANICE M SOTO whose telephone number is (571)270-7707. The examiner can normally be reached M-F 8:00am-4:00pm.
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, John Breene can be reached at 571-272-4107. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JANICE M SOTO/ Examiner, Art Unit 2855
/JOHN E BREENE/ Supervisory Patent Examiner, Art Unit 2855
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