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 .
Specification
The disclosure is objected to because of the following informalities: Paragraph 0067 of the specification refers to “FIG. 1” however the one figure in the drawings is not referred to as Figure 1.
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.
Claims 9 and 10 are rejected under 35 U.S.C. 112(b) as being indefinite for failing to particularly point out and distinctly claim the subject matter which applicant regards as the invention.
With respect to claim 9, the term “the polymethyl methacrylate” lacks antecedent basis.
With respect to claim 10, it provides for the use of the PC resin material, but, since the claims do not set forth any steps involved in the method/process, it is unclear what method/process applicant is intending to encompass. A claim is indefinite where it merely recites a use without any active, positive steps delimiting how this use is actually practiced.
Additionally, 35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Thus, claim 10 is also rejected under 35 U.S.C. 101 because the claimed recitation of a use, without setting forth any steps involved in the process, results in an improper definition of a process, i.e., results in a claim which is not a proper process claim under 35 U.S.C. 101. See for example Ex parte Dunki, 153 USPQ 678 (Bd.App. 1967) and Clinical Products, Ltd. v. Brenner, 255 F. Supp. 131, 149 USPQ 475 (D.D.C. 1966).
Allowable Subject Matter
Claims 1-8 and 11-16 are allowed.
Statement of Reasons for Allowance
The present claims are allowable over the closest prior art Musick (US 9,676,927) for the following reasons:
Musick discloses a polycarbonate composition comprising 0.25-16 wt % a core-shell particulate material having a chromium copper oxide core and a chromium oxide shell in a weight ratio of 82-97:3-18 (abstract; col. 6, lines 4-16) which converts to (0.32-4.6):1 and overlaps with claimed range of (1-10):1. However, the amount of the core-shell particulate (reads on claimed “additive”) in the composition is outside the claimed range. Therefore Musick does not fairly disclose or suggest the amount of 0.02-0.08 part by weight of an additive per 100 parts by weight of polycarbonate.
Conclusion
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/VICKEY NERANGIS/Primary Examiner, Art Unit 1763
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