Notice of Non Final Rejection
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(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.
Claims 1-8 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 applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
The term “ Substantially” in claim 1 is a relative term which renders the claim indefinite. The term “substantially” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. .
Referring to claim 1 it recites: “… transport is substantially less than the critical current in lines 11, 12;
…critical current is substantially equal to the crucial current or is greater than the critical current in lines 13, 14;
….Superconducting material are spatially arranged substantially parallel to each other in lines 15, 16 …“;
It is not clear and difficult to determine the scope of the limitation to the examiner. Hence, claim 1 and depending 2-8 claims are rejected under indefiniteness.
Conclusion
Claims 1-8 are rejected.
Claims 9-36 are cancelled by applicant.
The prior of art made of record and not relied upon is considered to pertinent to applicant’s disclosure.
Applicants are directed to consider additional pertinent prior art included on the notice of references cited PTOL 892 attached here with. The examiner has pointed out particular references contained in the prior art of record within the body of this action for the convenience of the Applicants. Although the specified citations are representative of the teachings in the art and are applied to the specific limitations within the individual claim other passages and figures may apply. Applicant, in preparing the response should consider fully the entire reference as potentially teaching all or part of the claimed invention as well as the context of the passage as taught by the prior art or disclosed by the examiner.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SRINIVAS SATHIRAJU whose telephone number is (571)272-4250. The examiner can normally be reached 8:30AM-3:30PM, 5PM -8:30PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, ALEXANDER H TANINGCO can be reached at 5712728048. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SRINIVAS SATHIRAJU/ 08/18/2026
SRINIVAS . SATHIRAJU
Primary Examiner
Art Unit 2845
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