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 .
Status of claims
Claims 1-3 and 5-6 are pending in this application.
Claims 4 and 7-23 remain withdrawn as stated in the office action dated 9/15/2025.
Information Disclosure Statement
Acknowledgement is made of Applicant's Information Disclosure Statement (IDS) from PTO-1449. The IDS has been considered.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1-3 and 5-6 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claim 1 recites the negative limitation, “wherein the tubular insulating layer extends in the first direction without forming a protruded region in a second direction perpendicular to the first direction”, thereby adding new matter. Applicant states in the reply filed 12/12/2025, that the above limitation is supported by para [0074] and Fig. 5A. Examiner respectfully disagrees with the applicant. The negative limitation is not supported by para [0074]. Additionally, the negative limitation is not limited to a specific second direction as shown in Fig, 5A. Fig. 5A provides a vertical cross-section in D1-D2 plane, where the tubular insulating layer 135A extends in the first D1 direction without forming a protruded region in the second direction D2 perpendicular to the first direction D1. However, the negative limitation is not limited to the specific second direction D2, and can read on any second direction which is perpendicular to the first direction D1. For example, the negative limitation is not supported in the D1-D3 plane, where D3 is perpendicular to both D1 and D2. No vertical cross-section in D1-D3 plane is shown in support of the limitation. Therefore, the negative limitation introduces new matter and hence rejected. Claims 2-3 and 5-6 depend from claim 1 and are rejected for at least the reasons above.
Response to Arguments
Applicant’s arguments with respect to claim 1 has 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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PINAKI DAS whose telephone number is (703)756-5641. The examiner can normally be reached M-F 8-5 EST.
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/P.D./Examiner, Art Unit 2898 /JULIO J MALDONADO/Supervisory Patent Examiner, Art Unit 2898
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