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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 8/16/24 has been considered by the examiner.
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.
Claims 1 and 3 are 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.
In claim 1, it is unclear is the plurality of conductive materials are formed on the surface of the insulating material or are formed within the insulating material. “Disposed in the thickness direction of the sheet” could mean either. Clarification is required.
In claim 3, it is unclear if the “number of…layered portions” means there are 1 to 30 stacks per mm2 or there is one stack having 1 to 30 layered conductive materials per mm2. Clarification is required.
Claim Rejections - 35 USC § 103
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 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1-2, 11-12 and 16-20 are rejected under 35 U.S.C. 103 as being unpatentable over JP 2005-252141 (FUKASHIMA).
Regarding claims 1 and 2: The reference discloses a laminate sheet comprising layers of resin alternating with layers having U-shaped conductive parts therein. The U-shaped conductive parts are stacked above another and some of them are not in contact with each other. The U-shaped parts are formed in the planar direction of the sheet. See Figures 5 (planar sheets) and 4 (stack). It is recognized that the reference does not show C-shaped conductive parts. However, the U-shaped parts are “substantially” C-shaped when rotated.
Regarding claims 11-12 and 16: The U-shaped parts may be stacked on top of each other or the stacked layers can be rotated. See [0034].
Regarding claims 17 and 18: The size of the conductive parts is not limited. The reference discloses the conductive pattern can be applied in any shape by screen printing and etching. See [0017]. Therefore, it would have been obvious to one of ordinary skill in the art to apply the pattern in any size or shape.
Regarding claim 19: The conductive parts may be connected. See Figure 4.
Regarding claim 20: The conductive layers do not all connect. See Figure 4.
Allowable Subject Matter
Claims 4-10 and 13-15 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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ELIZABETH EVANS MULVANEY whose telephone number is (571)272-1527. The examiner can normally be reached 8am-4:30pm M-F.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Mark Ruthkosky can be reached at 571-272-1291. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ELIZABETH E MULVANEY/Primary Examiner, Art Unit 1785