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 .
Election/Restrictions
Applicant's election with traverse of claims 1-15in the reply filed on 3/5/2026 is acknowledged. The traversal is on the ground(s) that there is no search burden This is not found persuasive because claims 16-19 require additional features not claimed in claims 1-15 and would require additional consideration compared to claim 1 since claim 19 is a method.
The requirement is still deemed proper and is therefore made FINAL.
Claim Interpretation
The Examiner wishes to point out to applicant that claims 1-15 are directed towards an apparatus and as such will be examined under such conditions. The material worked upon or the process of using the apparatus is viewed as recitation of intended use and is given patentable weight only to the extent that structure is added to the claimed apparatus (Please see MPEP 2112.01 I and 2114-2115 for further details).
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference characters 200, 202, 204, and 208 all point to the same thing in Figures 6 and 7. 200, 202, 204, and 208 are all floating arrows pointing basically at the same thing, and without more specificity in where they are pointing, they are seen as showing the same thing.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Rejections - 35 USC § 112
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 7 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 7 states that there are multiple slots. Claim 3 only states that “the alignment duct defines a tapering slot with a length and a width”. Claim 3 does not use comprising. Claim 1 does use comprising, but for the overall system, when narrowed down to the exact structure claim 3 does not. Therefore claim 7 cannot expand upon a single slot to multiple slots.
It is suggested to simply say in claim 3 that “the alignment duct comprises a tapering slot with a length and a width.” This would let claim 7 expand on the possible number of tapering slots.
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.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1-6 and 8-15 are rejected under 35 U.S.C. 102(a)(1) as being anticipate by Vanacker (EP 3117982 B1). Regarding claim 1, Vanacker teaches:
Vanacker teaches a positioning system to control deposition of a nozzle in paragraphs 0012 and 0016. The nozzle of Vanacker is seen as the tube 92 and component 88 as seen in Figures 5A-6A, there in an inlet at the top and an outlet at the bottom, with a bore therein. Vanacker then teaches an alignment duct as shown in Figures 4A-4B which is at the bottom of the assembly of Figures 5A-6B, made from the guards 85. The slit formed by the guards 85 has a different cross sectional shape to that of the circular nozzle bore of Vanacker.
Regarding claims 2-4:
As seen in alignment duct of Figure 4A is seen as the claimed aligner chip and is perpendicular to the nozzle bore, as seen in Figures 5A-6B. As seen in Figure 4A the slit extends through the chip and it tapered due to the shape of the guards 85. Regarding the material worked upon by the apparatus; since Vanacker anticipates the claimed structure, Vanacker is capable of using such material in the claimed use.
Regarding claims 5 and 6:
The guards 85 create a pair of angled inner walls as claimed. Regarding the material worked upon by the apparatus; since Vanacker anticipates the claimed structure, Vanacker is capable of using such material in the claimed use.
Regarding claims 8-15:
Figures 5B and 6A show two embodiments of the apparatus of Vanacker, everything that is not the guards 85, the component 88, or tube 92 is seen as the alignment duct housing. From there all the required structure in claims 9-14 is shown by the other components in Figures 5B and 6A. As seen in Figures 5B or 6A there is a chamber created as claimed.
Allowable Subject Matter
Claim 7 is objected to as being dependent upon a rejected base claim, but would be allowable (once the 112(d) issue is resolved) if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
As allowable subject matter has been indicated, applicant's reply must either comply with all formal requirements or specifically traverse each requirement not complied with. See 37 CFR 1.111(b) and MPEP § 707.07(a).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: see PTO-892. These reference show various structures for nozzles that can have different shapes compared to the nozzle bore.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TIMOTHY J KENNEDY whose telephone number is (571)270-7068. The examiner can normally be reached Mon-Fri 8am-5pm..
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, Galen Hauth can be reached at 571-270-5516. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/TIMOTHY KENNEDY/ Primary Examiner, Art Unit 1743
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