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 Amendment
The amendment filed 12 January 2026 has been entered.
Claims 1-20 are pending in the application, wherein claims 1, 4-5, 7, and 14 have been amended and claims 19-20 are new.
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 19-20 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 the inventor or a joint inventor regards as the invention.
Claims 19 and 20 each recite “the layer based on silicon nitride”. However, claim 14 (i.e. the base claim) recites a layer based on silicon nitride in each of Di1, Di2, and Di3 (i.e. Di3 recites this limitation as one or more layers based on silicon nitride). Therefore, the claim is not definite as to which of these layers based on silicon nitride is being referenced. It is suggested to amend the claim to recite “wherein…the layer based on silicon nitride in Di1” (i.e. assuming that the referenced layer based on silicon nitride is intended to be the layer in Di1) so that the layer being referenced is clear.
It is noted that a phone call was made to Applicant’s representative in an attempt to resolve the above indefiniteness by Examiner’s Amendment, but was unsuccessful.
Allowable Subject Matter
Claims 1-18 are allowed.
Claims 19-20 would be allowable if rewritten to overcome the indefiniteness set forth in this Office Action.
The following is a statement of reasons for the indication of allowable subject matter:
The closest prior art of record is the teachings of Ding and of Ding in view of Coster. However, the prior art does not teach or render obvious the specifically claimed sequence of layers, in particular of a SiZrN layer and a layer of ZnSnO or ZnO in direct contact with the SiZrN layer.
Response to Arguments
The amendments to claim 4 have overcome the new matter rejection previously set forth in the Office Action mailed 27 October 2025. The rejection under 35 U.S.C. 112(a) has been withdrawn.
The amendments to claims 5, 7, and 14 have overcome the indefiniteness previously set forth in the Office Action mailed 27 October 2025. The rejection of claims 5-7 and 14 under 35 U.S.C. 112(b) has been withdrawn. However, upon further consideration, new grounds of indefiniteness have been set forth in this Office Action as a result of amendment (i.e. new claims 19-20 are rejected under 35 U.S.C. 112(b)).
The amendments to claim 14 have overcome the improper dependency previously set forth in the Office Action mailed 27 October 2025. The rejection under 35 U.S.C. 112(d) has been withdrawn.
Applicant’s arguments, see p. 7-9, filed 12 January 2026, with respect to the prior art, have been fully considered and are persuasive in view of the amendments and as outlined above as reasons for indicating allowable subject matter. The rejections under 35 U.S.C. 103 have been withdrawn.
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 KIM S HORGER whose telephone number is (571)270-5904. The examiner can normally be reached M-F 9:30 AM - 4:00 PM EST.
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/KIM S. HORGER/Examiner, Art Unit 1784