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 .
Claim Objections
Claims 1-14, 16 and 18-25 are objected to because of the following informalities:
In claim 1, line 2, “comprising of:” should read --comprising:--
In claim 10, “claim1” should read --claim 1--;
In claim 19, line 3, “comprising” should read --comprising:--;
Note: regarding claims 5 and 6, the language “of said one or more through openings” is understood to refer to the one or more through openings recited in claim 1, not to the “one or more of said one or more through openings” recited in claim 4. However, if Applicant disagrees with this interpretation, claims 5 and 6 should be amended in a suitable manner.
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 5 and 7-9 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.
In claim 5, line 2, the phrase “in particular” renders the claim indefinite, because it is unclear whether or not the limitations following the phrase are part of the claimed invention.
In claim 7, line 3, the phrase “in particular” renders the claim indefinite, because it is unclear whether or not the limitations following the phrase are part of the claimed invention.
Claim 9 includes the limitation “the diameter of the electrode body is from 1 µm to 100 µm or more”. It is unclear whether the claim is actually intended to recite an upper limit, or whether it is intended to require an electrode body diameter of at least 1 µm diameter.
Allowable Subject Matter
Claims 1-4, 6, 9-14, 16 and 18-25 are allowed.
Claims 5 and 7-9 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.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-14, 16 and 18-25 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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.
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/LIVIUS R. CAZAN/Primary Examiner, Art Unit 3729