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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on December 31, 2024 was filed in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Drawings
The drawings filed December 20, 2024 are accepted.
Abstract
The Abstract filed December 20, 2024 is accepted.
Specification
The specification filed December 20, 2024 has been entered.
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 – 5 and 16 - 20 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.
Claim 1 recites the phrase “wherein the first scratch is formed with two sidewalls sloping from the top surface” but the term “sloping” is considered indefinite because it does not establish the direction or plane relative to which the slope is measured. In addition, the claim recites the phrase “located at an angle relative to one another is about fifty degrees up to about sixty-six degrees”. The use of the term “about” is a vague concept that fails to define a specific tolerance. Therefore, the metes and bounds of the claimed limitation cannot be fully ascertained.
Claims 2 – 5 are rejected due to their dependence on claim 1.
Claim 16 recites the phrases “a surface” as being attached to both the first piece and second piece as claimed, but the claim does not clearly distinguishes whether these are different surfaces, the same surface, or surfaces having a particular spatial arrangement with respect to each other, rendering the claimed language indefinite.
Claims 17 – 20 are rejected due to their dependence on claim 16.
Allowable Subject Matter
Claims 1 - 5 and 16 – 20 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
Claims 6 – 15 are allowed.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The following references are considered relevant but fail to teach the combination as claimed:
Burr (US 7,877,882 B2) discloses a gauge checker comprising a substrate (i.e. wall support) provided with a bolt gauge and a nut gauge in various sizes in metric and standard sizes. The gauge checker fails to teach a first piece, a second piece, a negative template derived from the comparator and the particular sloping sidewalls at an angle of 50 degrees to about 66 degrees as claimed.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to YARITZA GUADALUPE-MCCALL whose telephone number is (571)272-2244. The examiner can normally be reached Mon -Thu, 8:00am - 6:00pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Laura E Martin can be reached at 571-272-2160. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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YARITZA GUADALUPE-MCCALL
Primary Examiner
Art Unit 2855
September 24, 2026
/YARITZA GUADALUPE-MCCALL/Primary Examiner, Art Unit 2855
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