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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Specification
The specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant's cooperation is requested in correcting any errors of which applicant may become aware in the specification.
The abstract of the disclosure is objected to because the empirical formula (K1xNax)yNbO3 should read (K1-xNax)yNbO3. A corrected abstract of the disclosure is required and must be presented on a separate sheet, apart from any other text. See MPEP § 608.01(b).
Claim Objections
Claim 4 is objected to because of the following informalities: the units must show the superscript to read 0.05nm-1 to about 0.30nm-1. Appropriate correction is required.
Claim 23 recites the limitation “argon-oxygen ratio and/or deposition temperature…”. The examiner suggests changing “and/or” for “at least one of”.
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 1-10, 12-19 and 23-24 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.
Independent claims 1 and 17 recite the limitation “…in either the (100), (010) or (100) crystallographic plane”. It is not clear if there should only be two planes (100) and (010) or if the first plane should be the (001) plane. Clarification is required.
Claim 2 recites the limitation “having columnar grains oriented in a respective [001], [010] or [100]. It is not clear what structure comprises the columnar grains oriented [001], [010] or [100], is it the piezoelectric thin film or the single crystal substrate? In addition, the crystallographic planes should appear parenthesis similar to the recitations presented in the parent claim.
Claim 6 recites the limitation “the columnar grains…”. There is insufficient antecedent basis for this limitation in the claim.
Claim 8 recites the limitation “wherein the substrate is an optionally doped perovskite single crystal”. The word “optionally” renders the claim indefinite since it is not clear if the substrate is doped or not.
Claim 17 recites the empirical formula (K1-xNax)yNbO3. The specification provides support for the empirical formula (K1-xNax)yNbO3. Similarly, NbO2 should be amended to read NbO2. Correction is required.
Allowable Subject Matter
Claims 1-10, 12-19 and 23-24 would be allowable if rewritten or amended to overcome the objections and 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.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See PTO-892.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Jaydi San Martin whose telephone number is (571)272-2018. The examiner can normally be reached on M-Th 7:45-6:00pm.
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, Dedei Hammond can be reached on 571-270-7938. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/J. San Martin/
Primary Examiner, Art Unit 2837