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 Objections
Claim 1 is objected to because of the following informalities:
Claim 1 currently states “the cup includes a plurality of an inflection point portions (α) at which an inclination angle of the body portion with respect to a vertical plane changes”. The Examiner believes the claim is intended to either state “the cup includes a plurality of [[an]] inflection point portions (α) at which an inclination angle of the body portion, with respect to a vertical plane, changes” or states “the cup includes a plurality of [[an]] inflection point portions (α) at which an inclination angle of the body portion changes with respect to a vertical plane [[changes]]”.
Claim 1 also states “an upper region (A1) having a height of 70% to 100% of the height of the cup includes at least one of the inflection point portions (α) at which the inclination angle of the body portion with respect to the vertical plane changes” This limitation is redundant with regards to the previously objected to limitation, mentioned above, which already states that the inflection point portion(s) are where the inclination angle of the body portion changes with respect to the vertical plane.
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 1-3, 5, and 8 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 currently states that the cup has an upper region (A1) with a height of 70%-100% of the height of the cup, and a lower region (A2) having a height of 40% or less of the height of the cup. This makes the claim unclear. If the upper region is at least 70% of the height of the cup, that would mean that either: the lower region would max out at 30% of the height of the cup, or that the upper region and the lower region have a 10% overlap. Further, the claim states that there is an intermediate region (A3) between the upper region (A1) and the lower region (A2). Further, if the upper region (A1) has a height of 100% of the cup, then the cup does not have any inflection points located in the intermediate or lower regions, and as such would render a significant portion of the limitations of claim 1 moot. Based on this lack of clarity, claim 1 is unable to be examined further such that prior art is able to be applied.
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claim 2 is rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends. Claim 2 currently states “at least one of the inflection point portions (α) at which the inclination angle of the body portion changes is formed in the lower region (A2)”. Claim 1, which claim 2 depends from already states inflection point portions (α) exist in the lower region (A2) (Ln. 18), thus claim 2 does not further limit claim 1. Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. Based on the lack of clarity of claim 1, the claim was unable to be examined further such that prior art was able to be applied.
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 JENNIFER CASTRIOTTA whose telephone number is (571)270-5279. The examiner can normally be reached Monday - Friday 9am-5pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Nathan Jenness can be reached at (571) 270-5055. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JENNIFER CASTRIOTTA/Examiner, Art Unit 3733
/NATHAN J JENNESS/Supervisory Patent Examiner, Art Unit 3733 20 May 2026
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