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 Group II (claim 4-10) in the reply filed on 6/23/26 is acknowledged. Further, regarding to the arguments with further seven species (see Applicant’ “Remarks” pages 1-2 under alleges seven species) this has been carefully evaluated and found to be persuasive. Therefore, the previous further restriction associated with seven Species (1-7) now has been removed. Since there is no burden at this point of time to examine all the species. This is found persuasive, Group II (claims 4-10) will be examined together in this Office action.
An OA on the merits of claims 4-10 as follows:
Priority
Related US Application data appears to be missing under the title. (e.g., This application is a div. of application 17891769).
Specification
The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed.
The abstract should be updated to reflect method invention.
The lengthy specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant’s cooperation is requested in correcting any errors of which applicant may become aware in the specification.
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 4-10 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.
The scope of the claims is unclear (as present formats) it is suggested the following formats:
-- A method of performing force compensation of magnetic forces for an undulator by a compensator unit, the method comprising:”—
“an undulator”(claim 1, line 3) should be updated to:--“the undulator”--, to reflect one that cited in line 1 of claim 4.
“the dimension of the central axis” (claim 4, lines 6-7) lacks of proper antecedent basis.
“a compensator unit” (claim 4, line 8) should be updated to: --“the compensator unit” --, as so to reflect changes as suggested in preamble above.
“the dimension of the compensator axis” (claim 4, lines 12-13) lacks proper antecedent basis for this.
“the first array of magnets”(claim 4, line 14 and 15-16) lacks proper antecedent basis.
“is mechanically coupled” (claim 5, line 1) is not an active method limitation.
“a magnetic period”(claim 6, line 1) should be more specific in term of timely wise.
“wherein the compensator unit provides a magnetic force” (claim 7, line 1) should be updated to positive active method limitation (e.g., wherein the providing of the compensator unit includes providing a magnetic force” --, for clarity of the inventive method claim.
“the system to be neutralized”(claim 7, line 3) lacks proper antecedent basis.
Similar to claim 7 line 1 applied to claim 8, line 1 for clarity of the method claim formats.
The phrase: “ resulting in a net magnetic force to be neutralized” (claim 8, lines 2-3) is vague and indefinite since no active method step existed thereto.
“is translatable by controlling a position and movement of the first magnet array by a single actuator” (claim 9, lines 1-2) not active method limitation. Also it is not known as to whether a single actuator is a part of the compensator unit as in base claim 4 or not.?
“is maintained” (claim 10, line 1) should be updated to active method claim formats, the use of (e.g., maintaining a gap distance . . .), to reflect active method limitations.
Note: due to the 35 USC 112(b) issues noted above for claims 1 and 17, the examiner is not able to make a meaningful prior art rejection at this time for claims 1 -25. Note that such omission of any prior art rejection is not to be construed as an indication of allowable subject matter, since the patentability determination of these claims cannot be made at this time due to the ambiguity in the claim language. Upon the resolution of the 35 USC 112(b) issues, the examiner may apply prior art rejections as deemed appropriate.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MINH N TRINH whose telephone number is (571)272-4569. The examiner can normally be reached M-TH ~5:00-3:30.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Thomas J Hong can be reached at 571-272-0993. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MINH N TRINH/Primary Examiner, Art Unit 3729
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