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 .
Claims 1-2,6,8-9,11-13,16-18,20-28 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.
As to claims 1,13,16 and 20, “microstructure” and “microelectromechanical” are dimensionally undefined. Consider that different publications/patents provide different dimensional meaning for different structural elements in "MEMS" for their particular publications/patents, but no such description (i.e., range and identified structural
component) is apparent in the instant application. What structural limitation(s) would one of ordinary
skill attach to the claimed structure, when neither range nor single claimed structure in that claimed
apparatus is within such (undisclosed) range? For example, note that Pat Pub 2009/0108193 relates
(Para 43) micromechanical/MEMS structures to a range of 0.1 um - I mm, Pat Pub 2006/0261032
relates (Para 38) micromechanical/MEMS structures in the range of 0.01 microns to a few millimeters",
Pat 6,679,055 relates (lines 39-43, col. 1) micromechanical/MEMS to 0.1 micron to 1000 microns" and
Pat Pub 2014/0264900 relates (Para 3) micromechanical/MEMS to components of 1 - 100 micrometers
(0.001 to 0.1 mm), all collectively providing for different distinct ranges. How is one of ordinary skill to
recognize what range Applicant's claimed limitation "MEMS" might relate when none has been
identified? Different publications provide different ranges, so there is no one single accepted range.
Understand, the main difficulty here is in the lack of any dimensional meaning (range?) of the claimed
term "MEMS" in Applicant's specification. What is Applicant's intended meaning for the term "MEMS"?
Is there any support for such? Does Applicant have a dimension for 1 component that satisfies? The
prior art has different publications that provided different ranges (meanings) for the same term, yet it
appears the instant application provides none. The limitation "MEMS?" is in the claim, and it MUST mean something. Finally, note that MEMS is micro, which only means 1/1,000,000, and a that no units are provided in the specification which compounds the uncertainty of these claims. The sum of a large number of microinches, micrometers etc can be a huge distance.
THIS ACTION IS MADE FINAL. 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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ROBERT R RAEVIS whose telephone number is (571)272-2204. The examiner can normally be reached on Mon to Fri from 8am to 4pm.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kristina DeHerrera, can be reached at telephone number 303-297-4237. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ROBERT R RAEVIS/ Primary Examiner, Art Unit 2855
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