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 .
Election/Restrictions
Applicant’s traversal of the restriction requirement is acknowledged. In view of the allowability of the elected apparatus claims (Group I, Claims 1-18) based on the viscosity adjustable layer, per the amendment, the restriction requirement between Group I and Groups II & III is WITHDRAWN.
Pursuant to MPEP 821.04(b), non-elected Group II (Claim 19) and Group III (Claim 23) are hereby REJOINDED and examined on the merits.
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 19 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 applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 19 is 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.
In claim 19, the recitation of alternative process steps ending with "; or coating a viscosity adjustable film on the side of the substrate, exposing the viscosity adjustable film by using a mask comprising a pattern of the viscosity adjustable layer, and developing to remove portions of the viscosity adjustable film which are in exposed regions, thereby forming the pattern of the viscosity adjustable layer" creates ambiguity regarding the scope of the claim. Specifically, it is unclear whether the clause "thereby forming the pattern of the viscosity adjustable layer" modifies only the preceding alternative of coating a viscosity adjustable film, or if it also applies to the alternative of "coating the viscosity adjustable layer on the side of the substrate by a spin coating process, a scrape coating process, or a slit coating process".
Claim 19 recites alternative methods for forming the viscosity adjustable layer connected by the disjunctive term "or". However, the claim lacks proper punctuation (such as a separating semicolon) before the clause "or coating a viscosity adjustable film..." to clearly demarcate where the first alternative process ends and the second alternative process begins.
Due to the lack of clear structural punctuation, it is ambiguous whether the concluding limitation "thereby forming the pattern of the viscosity adjustable layer”, which follows the mask, exposure, and development steps of the second alternative, applies strictly to the second alternative or if it is intended to modify both alternative branches.
Note for Applicant: This indefiniteness may be overcome by restructuring the alternatives into separate dependent claims or by utilizing clear punctuation (e.g., semicolons and distinct sub-headings) to separate the alternative method steps and their respective results.
Allowable Subject Matter
Claims 1, 3-18 and 23 are allowed.
The following is an examiner’s statement of reasons for allowance:
The primary reason for allowing the claims is the inclusion of a specific limitation in independent claims 1 and 23: a stamp with a viscosity-adjustable layer combined with position-limiting structures. This combination of features is not taught or suggested by the prior art of record.
Dependent claims 3–18 are allowed base upon their dependency from allowable claim 1.
Rejoined independent claim 23 is allowed because it incorporates the allowable stamp of claim 1 into the recited mass transfer method.
Note: Rejoined independent claim 19 includes the allowable combination of the viscosity adjustable layer and position limiting structures; however, it is currently rejected under 35 U.S.C. 112(b) for indefiniteness as set forth above. Upon proper correction of the 112(b) defect, claim 19 would be in condition for allowance.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Prior Art of Record
The applicant's attention is directed to additional pertinent prior art cited in the accompanying PTO-892 Notice of References Cited, which, however, may not be currently applied as a basis for the following rejections. While these references were considered during the examination of this application and are deemed relevant to the claimed subject matter, they are not presently being applied as a basis for rejection in this Office action. The pertinence of these documents, however, may be revisited, and they may be applied in subsequent Office actions, particularly in light of any amendments or further clarification of the claimed invention.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JARRETT J STARK whose telephone number is (571)272-6005. The examiner can normally be reached 8-4 M-F.
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, Jessica Manno can be reached at 571-272-2339. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
JARRETT J. STARK
Primary Examiner
Art Unit 2822
8/18/2026
/JARRETT J STARK/Primary Examiner, Art Unit 2898
Prosecution Insights