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 .
Response to Amendments
Entry of Amendments
Claim(s) 1 have been amended.
Claim(s) 11-18 have been canceled.
Applicant's arguments with respect to Claim(s) 1-5, 7-8, 10 have been considered but are moot because the arguments do not apply to the reference(s) and/or ground(s) being used in the current rejection.
For further details see the rejections/objections for Claim(s) 1-5, 7-8, 10 herein.
Claim Objections
Claim(s) 1 are objected to because of the following informalities:
Claim 1 recites a phrase “the plurality of electrode” in paragraph 4. Examiner suggests amending the phrase to recite “the plurality of electrodes” to restore clarity.
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.
Claim(s) 1-5, 7-8, 10 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 pre-AIA the applicant regards as the invention. The rationale for this finding is explained below:
Claim(s) 1 recite a limitation in para. 4 “providing a formula I:
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”. It is unclear which of the two Rtot formulae is applied for calculation or relationship between them and measured Rtot in previously recited step of “measuring a Rtot resistance” in para. 3, thereby rendering the scope of the claim(s) unascertainable. See MPEP § 2173.05(d).
Claim 1 recites parameters
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in para. 4 which lack antecedent basis or clear definition/relationship with other claim terms.
Claim 1 is directed to measuring an interface resistance by obtaining a contact resistance Rc for interface contact resistivity rc of 10-6 Ω·cm2. It renders the claim(s) indefinite because terminology “interface resistance” has been associated with different measurements/calculation/parameters such as “contact resistance Rc” and “interface contact resistivity rc” and measuring Rtot. “diameter of the metallic single-walled carbon nanotube” refers to different symbols such as “IC” and “DCNT”.
Dependent Claim(s) 2-5, 7-8, 10 not specifically addressed share the same 112(b) rejection as the rejected base Claim(s). Appropriate correction is required.
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 extension fee 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 date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to AKM ZAKARIA whose telephone number is (571)270-0664. The examiner can normally be reached on 8-5 PM (PST).
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, JUDY NGUYEN can be reached on 571-272-2258. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/AKM ZAKARIA/Primary Examiner, Art Unit 2858