DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
Claim Objections
Claim 15 is objected to because of the following informalities:
It is suggested that claim 15, line 2 be amended to read -- at least one of: sinusoidal shaped, v-shaped, sharp trench- shaped, square shaped, and wedge shaped-- to clarify.
Appropriate correction is required.
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 11 is 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 11 recites the limitation "wherein the rough surface comprises at least one of cylindrical posts or pillars, pyramidal posts or pillars, cube shaped posts or pillars, and crystals having irregular shapes" in lines 1-3. The limitation is confusing because it is not clear which of the structures are required and which are part of the “at least one of” group. For example, is the rough surface required to have at least one of cylindrical posts or pillars AND also have pyramidal posts or pillars, cube shaped posts or pillars, and crystals having irregular shapes? Or is only one of all of the features required. Additionally, the wording is not clear whether the irregular shapes are only required is the rough surface comprises crystals? Or does the cylindrical posts/pillars, cube shaped posts/pillars, etc. also require irregular shapes. Examiner suggests amending the limitation to read “wherein the rough surface comprises at least one of: cylindrical posts, cylindrical pillars, pyramidal posts, pyramidal pillars, cube shaped posts, cube shaped pillars, and irregularly shaped crystals
Allowable Subject Matter
Claims 2-5, 7-10, 12-14, and 16-21 are allowed.
Claim 11 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Claim 15 is objected to, but would be allowable if rewritten to overcome the objection set forth in this Office action.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to VALERIE L WOODWARD whose telephone number is (571)270-1479. The examiner can normally be reached on Monday - Friday 8:30 am - 4:30 pm.
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/VALERIE L WOODWARD/Primary Examiner, Art Unit 3785
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