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 .
Response to Arguments
Applicant’s arguments with respect to claim(s) 1 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.
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, 5-11 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.
Regarding claim 1, the limitation “the number of the additional two-dimensional material layers of the additional two-dimensional material structure of any one target combined structure of the plurality of combined structure is less than the number of the additional two-dimensional material layers of the additional two-dimensional material structure of an adjacent combined structure stacked on the target combined structure, and the additional specific wavelength of the additional two- dimensional material structure of the target combined structure of the plurality of combined structure is less than the additional specific wavelength of the additional two-dimensional material structure of the adjacent combined structure stacked on the target combined structure” is unclear to the examiner.
Examiner requests applicant to clarify the limitation further in order for the limitation to be less confusing. The additional specific wavelength of the additional two dimensional material structure of the target combined structure is less than the additional specific wavelength of the adjacent combined structure on the target combined structure limitation is confusing. Examiner wants applicant to clarify so every additional specific wavelength of one combined structure will be less than the adjacent one. However if the target combined structure is e.g. second one, then is it less than the adjacent top one or the adjacent bottom one combined structure. However according to claimed limitation, if the top adjacent combined structure has more specific wavelength, than when it is target combined structure, it won’t have less additional specific wavelength from the bottom combined structure, it will only have less additional specific wavelength from top bottom combined structure.
Therefore examiner requests applicant to clarify the limitation further.
Note: The dependent claims necessarily inherit the indefiniteness of the claims on which they depend.
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RATISHA MEHTA whose telephone number is (571)270-7473. The examiner can normally be reached Monday-Friday: 9:00am - 5:00 pm.
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, Eliseo Ramos Feliciano can be reached at 571-272-7925. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/RATISHA MEHTA/Primary Examiner, Art Unit 2817
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