DETAILED ACTION1
PRIORITY DATE
Claims 1-9 are only entitled to a priority date of April 28, 2025 because the claims were not enabled by the originally filed specification.
REJECTIONS UNDER 35 USC 112
The following is a quotation of 35 U.S.C. 112:
(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.
Claims 1-9 are rejected under 35 U.S.C. 112 (b) as being indefinite for failing to particularly point out and distinctly claim the subject matter which applicant regards as the invention.
Claim 1 recites exposing portions of a ceramic object to UV and ozone. Claim 1 recites the wavelength of the ultraviolet is 10-400nm, preferably 100-350nm, most preferably 170-270nm. This feature is indefinite because it constitutes a broad range or limitation together with a narrow range or limitation that falls within the broad range. See MPEP § 2173.05(c). The claim is indefinite because it is unclear if the narrower language is (a) merely exemplary of the remainder of the claim, and therefore not required, or (b) a required feature of the claims. Likewise, claim 1 also recites four sets of progressively narrower ranges of ozone concentration and four progressively narrower ranges of exposure time.
The aggregate effect is that there are 48 potential different ways to interpret claim 1. Examination was conducted using the narrowest ranges. Claim 1 under this interpretation would be allowable. But some of the larger ranges may constitute accidental ambient conditions in certain circumstances. For example, some ordinary light sources emit into the edge of the UV range, certain chemical reactions may produce 10ppm of ozone, and these incidental exposures might last for an hour.
ALLOWABLE SUBJECT MATTER
Claims 1-9 would be allowable if rewritten to recite only the narrowest recited ranges and thereby 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.
CONCLUSION
Any inquiry concerning this communication should be directed to Moshe Wilensky whose telephone number is 571-270-3257. Mr. Wilensky’s supervisor, Sunil Singh can be reached at 571-272-3460. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Examiner interviews are available via telephone or video conferencing using a USPTO supplied web-based collaboration tool. Applicant may also use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
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/MOSHE WILENSKY/
Primary Examiner, Art Unit 3726
1 The following conventions are used in this office action. All direct claim quotations are presented in italics. All non-italic reference numerals presented with italicized claim language are from the cited prior art reference. All citations to “specification” are to the applicant’s published specification unless otherwise indicated. The use of the phrase “et al.” following a reference is used solely to refer to subsequent modifying references, and not to other listed inventors of the cited reference.
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