DETAILED ACTION
This is in response to communication received on 5/27/26.
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
The text of those sections of AIA 35 U.S.C. code not present in this action can be found in previous office actions dated 8/25/25, and 1/30/26.
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 12-32 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 “sufficient” in claim 1 is a relative term which renders the claim indefinite. The term “sufficient” 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.
In this case, the language of claim is "wherein the vacuum treatment is conducted to ensure sufficient outgassing of liquid or gas residues from near-surface cavities". The claim lacks any guidance on how to determine the difference between sufficient outgassing or insufficient outgassing. There is brief reference in paragraph 19 of the specification, which states “to ensure sufficient outgassing of the cavities in the case of typical surface defects in steel production”. There is no discussion on what is typical surface defects in steel production, and as such there is no discussion to provide clarity on what constitutes what is sufficient outgassing to avoid typical surface defects.
Claim Rejections - 35 USC § 102
The claim rejection(s) under 35. U.S.C. 102(a)(1) as being anticipated by Sakai et al. US Patent
Number 4,847,169 hereinafter SAKAI on claims 12-14, 17 and 29 are withdrawn because the independent claim 1 has been amended.
Claim Rejections - 35 USC § 103
The claim rejection(s) under AIA 35 U.S.C. 103 as being obvious over Sakai et al. US Patent Number 4,847,169 hereinafter SAKAI on claims 18, 25-28, and 30 are withdrawn because the independent claim 1 has been amended.
The claim rejection(s) under AIA 35 U.S.C. 103 as being obvious over Sakai et al. US Patent Number 4,847,169 hereinafter SAKAI as applied to claim 12 above, and further in view of Hass et al. US PGPub 2013/0202815 hereinafter HASS on claims 15 and 16 are withdrawn because the independent claim 1 has been amended.
The claim rejection(s) under AIA 35 U.S.C. 103 as being obvious over Sakai et al. US Patent Number 4,847,169 hereinafter SAKAI as applied to claim 12 above, and further in view of Shimogori et al. US Patent Number 5,002,837 hereinafter SHIMOGORI on claims 19 and 20 are withdrawn because the independent claim 1 has been amended.
The claim rejection(s) under AIA 35 U.S.C. 103 as being obvious over Sakai et al. US Patent Number 4,847,169 hereinafter SAKAI and Shimogori et al. US Patent Number 5,002,837 hereinafter SHIMOGORI as applied to claim 19 above, and further in view of Hori et al. US Patent Number 6,159,622 hereinafter HORI on claim 20 is withdrawn because the independent claim 1 has been amended.
The claim rejection(s) under AIA 35 U.S.C. 103 as being obvious over Sakai et al. US Patent Number 4,847,169 hereinafter SAKAI and Shimogori et al. US Patent Number 5,002,837 hereinafter SHIMOGORI, and Hori et al. US Patent Number 6,159,622 hereinafter HORI as applied to claim 19 and 21 above, and further in view of Morishita et al. US PGPub 2020/0156349 hereinafter MORISHITA on claim 22 is withdrawn because the independent claim 1 has been amended.
The claim rejection(s) under AIA 35 U.S.C. 103 as being obvious over Sakai et al. US Patent Number 4,847,169 hereinafter SAKAI as applied to claim 12 above, and further in view of Mikawa et al. US PGPub 2019/0233944 hereinafter MIKAWA on claims 23-24 are withdrawn because the independent claim 1 has been amended.
The claim rejection(s) under AIA 35 U.S.C. 103 as being obvious over Sakai et al. US Patent Number 4,847,169 hereinafter SAKAI as applied to claim 12 above, and further in view of Kok et al. US Patent Number 7,198,678 hereinafter KOK on claim 31 is withdrawn because the independent claim 1 has been amended.
Conclusion
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/KRISTEN A DAGENAIS/Examiner, Art Unit 1717
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