DETAILED ACTION
Response to Arguments
a. In regards to the 35 US 112 rejection of claim 1, Applicant submits the claim limitation "is made of a material that transmits a laser beam" was amended to "is made of one of glass, plastic, and a mixture thereof, through which a laser beam passes." Applicant respectfully submits that the present amendment incorporates the subject matter of original claim 5 and clarifies the material composition of the sealing portion.
a. (Examiner’s response) Applicant’s arguments with respect to claim 1 have been fully considered and are persuasive. The 35 U.S.C 112 rejection of claim 1 has been withdrawn.
b. In regards to the 35 US rejection of claim 15, Applicant submits “therethrough" was amended to "through which a measurement portion of measurement equipment is guided." The Examiner interpreted the original language as requiring the entire measurement equipment to physically pass through the hole. The specification states that "the
measurement portion of measurement equipment including a Raman analyzer may be guided therethrough" (line 85), indicating that it is the measurement portion, not the entire equipment, that is guided through the washer hole.
b. (Examiner’ response) Applicant's arguments filed have been fully considered but they are not persuasive. The claim language did not amend "to guide measurement equipment therethrough" to "through which a measurement portion of measurement equipment is guided". Therefore, the rejection still stands.
c. In regards to the 35 US 103 rejection of claim 1, Applicant respectfully submits that claim 1 has been rewritten to overcome the Examiner's rejection to indefiniteness and to include the limitations of allowable claim 6 and should be allowed.
c. (Examiner’s response) Applicant’s arguments with respect to claim 1 have been fully considered and are persuasive. The 35 U.S.C 103 rejection of claim 1 has been withdrawn.
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 claimed language “a washer hole is formed in an upper portion of the washer” is rendered indefinite. Examiner notes it is unclear as to how a washer hole (fig 1, 420) is located at the upper portion of the washer when it is located through the entire height of the washer. Examiner further notes the claim language “observation hole to guide measurement equipment” therethrough 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.
Allowable Subject Matter
Claims 1, 3-4, 7-13, & 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
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 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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