FIRST NON-FINAL REJECTION
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 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 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.
With respect to claims 1 and 3, the claim phrases “and in a downward linear motion of the driving device, the ceramic needle is pressed down into the cell container to detect the mechanical characteristics and electrical characteristics of cells” and “wherein a displacement of the driving device is divided into two steps: firstly, the piezoelectric stack, the bridge-type flexible hinge mechanism, the parallel hinge mechanism, the first metal connecting plate, the second metal connecting plate, the force sensor and the ceramic needle are driven to displace downwards by the lead screw guide rail and a metal adapter plate connected to a top of the lead screw guide rail; and secondly, the piezoelectric stack is arranged in the bridge-type flexible hinge mechanism, the piezoelectric stack is driven to make the bridge-type flexible hinge mechanism to stretch and then to drive the parallel flexible hinge mechanism to stretch and linearly move downwards” describe method steps of the claimed apparatus and a “single claim which claims both an apparatus and the method steps of using the apparatus is indefinite under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph” (MPEP 2173.05p).
Allowable Subject Matter
Claims 4-9 are allowed.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to FREDDIE KIRKLAND III whose telephone number is (571)272-2232. The examiner can normally be reached 9am-5pm.
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FREDDIE KIRKLAND III
Primary Examiner
Art Unit 2855
/Freddie Kirkland III/Primary Examiner, Art Unit 2855 8/3/2026
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