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 .
Specification
The specification is objected to as failing to provide proper antecedent basis for the claimed subject matter. See 37 CFR 1.75(d)(1) and MPEP § 608.01(o). Correction of the following is required: Applicant’s use of “rectangular annulus” in claims 1, 9, 10, and 12, as well as “annulus” in claims 16, 17, and 20. Based on the reading of the specification the ring (150) appears to correspond to the annulus, but clarification and correction is required.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the first axis, the second axis, and the third axis must be shown or represented in the drawings or the features canceled from the claims. No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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, 4, 6-13, 15, and 16-20 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.
Regarding claim 1, Applicant amends the claims to state “a rectangular annulus (150, ring as understood by examiner) having a first side (136, non-conductive liner) that extends over the electrically conductive feature… the first side of the rectangular annulus comprising” including “a via” and “a first layer of electrically non-conductive material” and “a second layer of electrically non-conductive material.” As described in the specification in Figures 1D and 2D, the ring (150), includes the first side (136, non-conductive liner), which can be selectively removed or etched to create a via [para 0023]. The claim requires a rectangular annulus (“ring”) comprises “a via…” and includes a first and second electrically non-conductive material. As far as understood there is no indication in the specification that there first and second electrically non-conductive material layers. The only mention of a non-conductive material in the specification is the non-conductive liner (136) and does not include multiple layers.
Claims 3, 4, and 6-8 are also rejected as being dependent on claim 1.
Regarding claim 9, Applicant amends the claims to state “rectangular annulus (150, ring as understood by examiner) comprises” including “first side extending over the first electrically conductive feature along a second axis” and “a second side extending over the second electrically conductive feature along a third axis.” As described in the specification in Figures 1D and 2D, the ring (150), includes vias (152a, 152b) and connecting portions [paras. 0025]. As far as understood there is no indication in the specification that there first side and second side and there is no mention of the first axis, second axis, and third axis and how they correspond to the annulus or the first side and second side.
Claims 10-13 and 15 are also rejected as being dependent on claim 9.
Regarding claim 16, Applicant amends the claims to state “annulus (150, ring as understood by examiner) comprising” including “first liner of electrically non-conductive material (136)” and “a second liner of electrically non-conductive material.” As described in the specification in Figures 1D and 2D, the ring (150), includes the first side (136, non-conductive liner), which can be selectively removed or etched to create a via [para 0023]. The claim requires a annulus (“ring”) comprises first and second electrically non-conductive material. As far as understood there is no indication in the specification that there first and second electrically non-conductive material liners. The only mention of a non-conductive material in the specification is the non-conductive liner (136) and does not include multiple liners.
Claims 17-20 are also rejected as being dependent on claim 16.
Response to Arguments
Applicant’s arguments with respect to claims 1, 3, 4, 6-13, and 15-20 have 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.
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Pagaila et al. US 2012/0068313 A.
Conclusion
Applicant's amendment necessitated the new grounds 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.
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/SUE A PURVIS/Supervisory Patent Examiner, Art Unit 2893