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.
Claim 5 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.
With respect to claim 5, the claim recites a method claim but no method steps are described. The claim recites “wherein the metal member provided on the outside of the object is provided with a unit that allows measurement by electromagnetic induction”, but no positively recited method step of measuring is described. Thereby, as no inspection method is clearly described in combination with the described claimed elements, the claim is indefinite.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
Claim(s) 1, 3, 5 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Tamura et al. U.S. Patent Application Publication 2020/0158690.
With respect to claims 1, 3, and 5, Tamura teaches an ultrasonic sensor attached to a surface of an object (ultrasonic sensor 20 adhered to surface of target 42, figure 1); a sensor coil electrically connected to the ultrasonic sensor (sensor coil 21 connected to sensor 20, paragraph 34); and a transmission and reception coil provided facing the sensor coil via a metal member provided on an outside of the object (reception coil 30 and transmission coil 31 and metallic exterior member 4, paragraphs 34-35, figure 1), wherein the metal member provided on the outside of the object is provided with an opening that has a slit shape (interpreted as penetration hole 5 where the shape is also interpreted as a slit shape, paragraph 36, figure 1) and where the metal member provided on the outside of the object is provided with a unit that allows measurement by electromagnetic induction (penetration hole 5, paragraph 36, figure 1).
Allowable Subject Matter
Claims 2 and 4 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
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 8/2/2026
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