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 .
DETAILED ACTION
Claim 6 withdrawn
Claim 9 new
Claim 1 amended
Claims 7-8 cancelled
Claims 1-5 and 9 pending
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 1-5 and 9 rejected under 35 U.S.C. 101 because the claimed invention is directed to abstract idea without significantly more. The claim 1 recite; evaluating surface abrasion depth, formulate a reinforcement and repair strategy, determining a repairing timing, identifying an area, selecting parameters, cleaning the area, pouring a material onto the area, arranging a surface layer for repair or enhance resist surface damage, curing the material; where the evaluation of the surface abrasion depth is based on the following equation
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.
This judicial exception is not integrated into a practical application because the steps of evaluating surface abrasion depth, formulate a reinforcement and repair strategy, determining a repairing timing, identifying an area, selecting parameters, arranging a surface layer for repair or enhance resist surface damage; are not actual concert step in a method claim, as ordinary skilled person in the art would be need to more than thinking process to achieve all of those steps. As for the cleaning, pouring and curing steps, those do not sufficiently amount to significant more than the judicial exception/an abstract idea.
The claim(s) does/do not include additional elements that are sufficient to amount to significantly more than the judicial exception because the claims requires the steps of evaluating surface abrasion depth, formulate a reinforcement and repair strategy, determining a repairing timing, identifying an area, selecting parameters, arranging a surface layer for repair or enhance resist surface damage. As ordinary skilled person in the art would decide to evaluate, formulate, determine, identify, select, arrange a surface, without having an active step, as all of those are mere thinking processes.
Response to Arguments
Applicant’s arguments, filed 05/27/2026, with respect to the rejection(s) of claim(s) 1-5, 9 under 103a have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection under 101.
In light of the applicant’s amendment, the previously applied claims rejections are withdrawn and new 101 rejection is applied. Therefore, the applicant’s arguments are moot.
All other applicant arguments not specifically addressed above are deemed unpersuasive as either not commensurate in scope with the broadly drafted claims or are unsupported by factual evidence and are deemed mere attorney speculation.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Mohammad Mayy whose telephone number is (571)272-9983. The examiner can normally be reached Monday to Friday, 11:00AM-7:00PM EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Gordon Baldwin can be reached at 571-272-5166. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Mohammad Mayy/
Art Unit 1718
/GORDON BALDWIN/Supervisory Patent Examiner, Art Unit 1718
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