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.
Response to Amendment
Applicant's amendment to the claims, filed on June 19th, 2026, is acknowledged. Entry of amendment is accepted and made of record.
Response to Arguments/Remarks
Applicant's response filed on June 19th, 2026 is acknowledged and isanswered as follows.
Applicant's arguments, see pg. 1, with respect to the rejection of claim 17 under 35 U.S.C 112 have been considered and are persuasive. Therefore, the rejection of claim 17 have been withdrawn.
Applicant's arguments, see pgs. 2-4, with respect to the rejections of claims under 35 U.S.C 102 have been considered and are persuasive. Therefore, the rejections of claims have been withdrawn.
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.
Claims 1-6 and 13-18 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.
Claim 1 recites the limitation “the part” in line 3. There is insufficient antecedent basis for this limitation in the claim.
Claim 1 recites the limitation “the device” in line 3. There is insufficient antecedent basis for this limitation in the claim.
Claim 1 recites the limitation “prior to epitaxial growth” in line 3. Claim 1 recites a structure for a device and it is unclear to the examiner how to determine the time prior to the step of epitaxial growth or what structure is formed by the step of epitaxial growth.
Claims 2-6 and 13-18 are rejected for depending on claim 1 and having the above issues incorporated into the claims.
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 CUONG B NGUYEN whose telephone number is (571)270-1509 (Email: CuongB.Nguyen@uspto.gov). The examiner can normally be reached Monday-Friday, 8:30 AM-5:00 PM Eastern Standard Time.
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, Steven H. Loke can be reached on (571) 272-1657. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CUONG B NGUYEN/Primary Examiner, Art Unit 2818
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