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 .
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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 “wherein the protective layer is in contact with the graphite layer” of claim 4 and “wherein the protective layer is in contact with said metal layer” of claim 5 wherein the second layer of the solid electrolyte layer is disposed on the first layer of the solid electrolyte layer and in a location that avoids the protective layer as now required by claim 1 must be shown or the feature(s) canceled from the claim(s). 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 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) 4-6 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.
In regards to claim 4,
It is unclear how the protective layer is formed to be in contact with both the first layer of the solid electrolyte layer and the graphite layer (embodiment of fig. 14 & 17) while also avoiding the second layer of the solid electrolyte layer (embodiment of fig. 2) formed therebetween.
In regards to claim 5,
It is unclear how the protective layer is formed to be in contact with both the first layer of the solid electrolyte layer and the metal layer (embodiment of fig. 14 & 17) while also avoiding the second layer of the solid electrolyte layer (embodiment of fig. 2) formed therebetween.
Claim 6 is rejected in the same manner based on its dependency on claim 4.
Allowable Subject Matter
Claim(s) 1 & 7-8 is/are allowed.
The following is a statement of reasons for the indication of allowable subject matter:
The prior art does not teach or suggest (in combination with the other claim limitations) a solid electrolytic capacitor wherein the solid electrolyte layer comprises a first layer formed on the dielectric layer and a second layer formed on the first layer; a cathode layer formed on the solid electrolyte layer, wherein the cathode layer comprises a graphite layer formed on the solid electrolyte layer and a metal layer formed on the graphite layer; and wherein a protective layer is in direct contact with the first layer of the solid electrolyte layer, and wherein the second layer of the solid electrolyte layer is disposed on the first layer of the solid electrolyte layer and in a location that avoids the protective layer, wherein the protective layer has a first portion formed on the first surface, wherein the first portion of the protective layer has a thickness from the first surface to the surface of the first portion of the protective layer, and the thickness of the first portion of the protective layer is thicker towards the anode wire, and wherein the protective layer covers a portion of the anode wire via the dielectric layer (claims 1 & 7-8).
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.
Communication
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DAVID M SINCLAIR whose telephone number is (571)270-5068. The examiner can normally be reached M-TH from 8AM-4PM.
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, TIMOTHY J DOLE can be reached at (571)272-2229. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/David M Sinclair/Primary Examiner, Art Unit 2847
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