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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 7/6/26 has been entered.
Response to Arguments
a. In regards to the 35 US 112 rejection of claim 15, Applicant submits claim 15 was amended to clarify that the washer hole extends through the washer from an upper portion of the washer at a position corresponding to the observation hole, and that the washer hole is sized to guide a measurement portion of measurement equipment through the washer hole. See Application, FIG. 1 and paragraphs 0070-0074.
Applicant respectfully submits that the specification describes that a washer hole may be formed in the upper portion of the washer at a position corresponding to the observation hole, and that the size of the hole may be such that the measurement portion of the measurement equipment including the Raman analyzer may be effectively guided. See id. Therefore, the amended language clarifies that the washer hole passes through the washer and that the object
guided through the washer hole is not the entire measurement equipment, but the measurement portion of the measurement equipment. See id.
In addition, Applicant respectfully submits that the amendment directly addresses the Examiner's two concerns. First, the amended language "extends through the washer from an upper portion of the washer" clarifies the relationship between the upper portion of the washer and the through-hole structure of the washer hole. Second, the amended language "the washer hole being sized to guide a measurement portion of measurement equipment through the washer hole" clarifies that the claim does not require the entire measurement equipment to physically pass through the washer hole.
a. (Examiner’s response) Applicant’s arguments with respect to the claim subject matter “a washer hole extends through the washer from an upper portion of the washer” are fully considered and are persuasive.
Applicant's arguments with regard to “washer hole...to guide a measurement portion of measurement equipment” filed have been fully considered but they are not persuasive. Examiner notes equipment is a set of articles or physical resources serving to equip a person or thing. Therefore, equipment is reasonably construed as physical items such as a laser which generates a laser beam and/or a detector which detector receives the laser beam. Applicant implicitly demonstrates a laser beam which passes through washer hole, in which the laser beam is not construed as equipment. Examiner further notes a portion of the equipment would be construed as a physical part of the equipment being guided through the observation hole. Therefore, the 35 U.S.C 112 rejection of claim 15 still stands.
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 .
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.
Claim 15 is 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. In regards to claim 15, the claim language “washer hole...to guide a measurement portion of measurement equipment through the washer hole” is rendered indefinite. Examiner interprets the language as physically guiding equipment through the hole, wherein applicant implicitly shows light from equipment is guided through the hole rather than equipment. Clarification is required.
Pertinent Art
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. CN 113390512.
Allowable Subject Matter
Claims 1-4, 7-14, & 16-20 are allowed. The following is a statement of reasons for the indication of allowable subject matter:
As to claim 1, the prior art of record, taken alone or in combination, fails to disclose or render obvious “one of glass,
plastic, and a mixture thereof, through which a laser beam passes so that the gas in the observation space is able to be analyzed through the laser beam, wherein the sealing portion and the packaging material are coupled by thermal sealing”, in combination with the rest of the limitations of claim 1.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MAURICE C SMITH whose telephone number is (571)272-2526. The examiner can normally be reached Monday-Friday 9am-5pm EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kara Geisel can be reached at (571) 272-2416. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MAURICE C SMITH/Examiner, Art Unit 2877
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