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 .
Information Disclosure Statement
The information disclosure statement(s) (IDS) submitted on 05/13/26 was/were received by the Examiner before the issuance/mailing date of the first office action. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement(s) has/have been considered (except for anything in foreign language non-accompanied by an English translation) by the Examiner.
Claim Rejections - 35 USC § 102
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 (i.e., changing from AIA to pre-AIA ) 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.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 16 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Lee et al. (US 2009/0280637).
Re claim 16, Lee et al. disclose a structure, comprising: a substrate 10 (see fig. 8 and related text; see remaining of disclosure for more details); and a dielectric layer 20 over the substrate, wherein the dielectric layer has a volume percentage porosity in a range from about 10% to about 75% ([0032] discloses a volume porosity of 10-20% which falls in the claimed range); and a conductive material (40a or 44a or 44a&40a; [0036]) extending through the dielectric layer.
Allowable Subject Matter
Claims 1-15 are allowed.
Claims 17-20 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Bruce et al. (US 2012/0329273) disclose a structure similar to the claimed invention.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PENIEL M GUMEDZOE whose telephone number is (571)270-3041. The examiner can normally be reached M-F: 9:00AM - 5:30PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Dale Page can be reached at 5712707877. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/PENIEL M GUMEDZOE/Primary Examiner, Art Unit 2899
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