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 .
This Office action is in response to Amendments filed 4/1/2026.
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 1-5,7-10 and 21-31 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.
Claims 1, 21, and 29 each recite a film which is “configured to emulate a polarization-voltage curve” of another film. The claim does not require the first film to be substantially the same as the second film and does not require the first film to have a polarization-voltage curve which is substantially the same as the polarization-voltage curve of the second film. Instead, the first film itself “emulates” a polarization-voltage film of a second film. This limitation is unclear to one having ordinary skill in the art as Applicant’s specification did not set forth the metes and bounds for what constitutes one film “emulat[ing] a polarization-voltage curve” of another film, i.e., is the first film required to have a polarization-voltage curve that is identical to that of the second film, are the two films required to be the same, what are the metes and bounds of emulating? As one having ordinary skill in the art would not understand how to interpret any of claims 1, 21, and 29, the claims are indefinite.
Claims 2-5,7-10, 22-28, and 30-31 depend from either claim 1, 21, or 29 and are, therefore, also indefinite.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTOPHER A CULBERT whose telephone number is (571)272-4893. The examiner can normally be reached M-F 9-5.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Joshua Benitez can be reached at (571) 270-1435. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CHRISTOPHER A CULBERT/ Examiner, Art Unit 2815
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