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[yujin]

Hi,

Does anyone has an idea how "align" would be interpreted?

When A is aligned with B, does it mean that A and B in the same line? 

Thank you very much,
Jin

[khazzah]

Hi,

Does anyone has an idea how "align" would be interpreted?

When A is aligned with B, does it mean that A and B in the same line? 

Thank you very much,
Jin

I don't think I have enough information to answer this. The meaning of a word in a claim depends on a) the technology; b) the spec and c) (sometimes) other words in the claims.

[yujin]

Hi there,

Thank you for the reply.

It is a mechanical claim.   We just say,  "A is aligned with B" in the claim.  I am wondering how an examiner would interpret the "align" ?  Is it possible that an examiner interpretes A and B are not in same line although A and B are aligned.  Is there any case law about it?

Can you please further elaborate your reply?  Thank you very much.


Jin

[JimIvey]

As far as I know, there's no special meaning of "align".  It's meaning in a claim is derived from plain English, any special meaning used in the relevant technology/ies, and the context of the specification of the application and other claims.

I don't believe anyone can answer that question for you in the abstract.  Only someone with access to the file history can determine what it means, and please don't share the file history or other confidential information here.  Nothing posted here is confidential.

Regards.

[Monkey1]

Don't forget an examiner is supposed to interpret claim language with the broadest reasonable interpretation.

A and B may be interpreted to be on the same line, but the line can be oriented in any direction.

[yujin]

Thank you very much.  It is very helpful.

If A is a line and B is only a  point, A is aligned with B.   Then B must be on the same line with A in order to for B to be aligned with A, is it correct?

Thank you again!

[khazzah]

If A is a line and B is only a  point, A is aligned with B.   Then B must be on the same line with A in order to for B to be aligned with A, is it correct?

In my opinion, saying a Point is aligned with a Line is confusing. Maybe even indefinite.

If it's not indefinite, then I suppose *one* construction is the one you propose, which I interpret as: a Point B is "aligned with" line A when Point B lies on the Line A. 

But under another construction, *any* point could be aligned with the line, even a point not lying on the line. The point is "aligned with" the line in this sense: there is a line between the point and the line. I don't think that's a *ridiculous* construction.

If your claim really does recite a point aligned with a line, I'd consider amending to be more clear.

Look at it this way: even if you get the Examiner to accept the meaning you want, it's something for an accused infringer to argue about. Amend to make it more clear, and you remove this argument from the infringer.

[yujin]

Hi,

Thank your guys very much.

Now it is very clear.


Jin

[DogDayPM 9er9er9er]

To the OP, sorry for being late to the party.

Align is a very common term in mechanical patent drafting, even as you describe where it is only specified that "A is aligned with B".  Particularly if either or both of A, B have a recognizable longitudinal axis or even just some recognizable feature that the skilled person would know, or for moving parts an axis/line of typical movement.

I guess you might have problems with clarity, though, if nothing like the above is present, for example if A and B are motionless spheres.  Then (as already mentioned), the question becomes, "aligned with what?".  Hopefully in that case (as already mentioned) the context of the field or other information in the application can make clear what is meant.

You might try the USPTO database at http://patft.uspto.gov/netahtml/PTO/search-bool.html, and search the term "align$" with the dropdown selector specifying claims only.  From 1979, almost 350,000 patents have isssued using align/aligned/alignment etc. in the claims.  If you narrow that to your particular field of interest you'll see the common usages.