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 .
Terminal Disclaimer
The terminal disclaimer filed on 05/11/2026 has been reviewed and is accepted. The terminal disclaimer has been recorded.
Applicant’s Submission of a Response
Applicant’s submission of response was received on 05/11/2026. Presently claims 1-20 are pending.
Response to Arguments
Double patenting rejections are withdrawn.
Applicant did not address a prior 35 U.S.C. 112 rejection and therein, the rejection is maintained and this action has therefore been made final.
Claim Objections
Claim 5 is objected to because of the following informalities:
Claim 5, line 2, change: “has a corresponding leading edge, a corresponding trailing edge,…”
Appropriate correction is required.
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 16 and 19-20 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 pre-AIA the applicant regards as the invention.
The term "substantially aligns" in claim 16 is a relative term which renders the claim indefinite. The term "substantially aligns" is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, nor is it a term of art, and therefore the claim does not apprise one of ordinary skill in the art of its scope. It is unclear of the extent or degree of departure from aligns that can be considered as “substantially” aligns since a definition of “substantially” pertaining to “alignment” is not provided by the specification. Therein, the metes and bounds of the claim cannot be determined, which renders the claim indefinite.
Dependent claims are also rejected due to their dependency of a rejected independent claim.
Allowable Subject Matter
Claims 1-4, 6-15, and 17-18 are allowed.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ERIC J ZAMORA ALVAREZ whose telephone number is (571)272-7928. The examiner can normally be reached Monday-Friday 7:30 am- 5:00 pm EST alternating Fridays off.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, COURTNEY HEINLE can be reached at (571)270-3508. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ERIC J ZAMORA ALVAREZ/Primary Examiner, Art Unit 3745 05/21/2026