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 Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claim 6 is rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends.
For fee calculating purposes, Applicant's claim 6 was initially determined to be a dependent claim because of its reference to claim 1 (MPEP §608.01(n) II.). However, claim 6’s reference to claim 1 simply functions as a cross reference. The reference to claim 1 is not phrased so as the drawing system of claim 6 further limits the wiring data generation apparatus of claim 1. Instead, claim 6 is phrased as: claim 6 is drawn to a drawing system that comprises the wiring generation apparatus recited in claim 1.
While a dependent claim is required to make an express reference to a prior claim from which it depends (35 U.S.C. §112 (d)/4th paragraph), it does not follow that reference to another/prior claim indicates the claim is intended to be a dependent claim.
Therefore, Applicant is required to cancel the claim, or amend the claim to place the claim in proper dependent form, or rewrite, in unequivocal terms, the claim in independent form.
Allowable Subject Matter
Claims 1-5 and 7-9 are allowed.
Claim 6 would be allowed if amended to overcome the § 112 rejection set forth above and amended to include every limitation of allowed claim 1.
Claims 1-9 are allowable because the prior art of record does not teach or suggest a apparatus or method having all the combinations of elements or steps as recited in and required by independent claims 1 or 7, particularly including, among other things, the following:
In claim 1 and similarly recited claim 7, a partial wiring data generation unit configured to generate partial wiring data indicating partial wiring obtained by deleting peripheral portions of said design positions of said element electrodes in said design wiring; an actual position data acquisition unit configured to acquire actual position data indicating actual positions of said element electrodes on said substrate; and a corrected wiring data generation unit configured to generate corrected wiring data indicating corrected wiring that connects said partial wiring and said element electrodes at said actual positions to each other.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Examiner SURESH MEMULA whose telephone number is (571)272-8046, and any inquiry for a formal Applicant initiated interview must be requested via a PTOL-413A form and faxed to the Examiner's personal fax phone number: (571) 273-8046. Furthermore, Applicant is invited to contact the Examiner via email (suresh.memula@uspto.gov) on the condition the communication is pursuant to and in accordance with MPEP §502.03 and §713.01. The Examiner can normally be reached Monday-Thursday: 9am-6pm. If attempts to reach the Examiner by telephone are unsuccessful, the Examiner’s supervisor, Jack Chiang, can be reached on 571-272-7483. The fax phone number for the organization where this application or proceeding is assigned (i.e., central fax phone number) is 571-273-8300.
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/SURESH MEMULA/Primary Examiner, Art Unit 2851