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 .
The Applicant’s amendments were received on 3/25/26. Claims 1 has been amended. Claim 12 is cancelled.
The text of those sections of Title 35, U.S.C. code not included in this action can be found in the prior Office Action.
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- 11, 13 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. Specifically, the claim limitation “a ratio of a thickness of the coating layer to a thickness of the porous substrate may be 0.05 to 0.5” is calculated and overlaps the claimed range to “the thickness of the porous substrate is 5µm to 12.5µm” and “the coating layer has a thickness of 1 to 5µm.” Therefore, it is unclear if the Applicant’s claimed invention is the thickness ratio or the individual thicknesses, since the ratio of 0.5, 0.6, 0.7 are not calculated to be within range or the claimed individual thicknesses of porous substrate and coating layer. Appropriate corrections are required.
Claim Rejections - 35 USC § 103
The rejection under 35 U.S.C. 103 as being unpatentable over Murata (EP2116372) in view of OTSUKA ET AL. (KR 10-2016-0033692) in further view of KO ET AL. (KR 10-2017-0129645), on claims 1-11 are withdrawn. The Examiner reserves the right to reinstate the rejections if the Applicant amends the claims, if rejections are still valid.
Double Patenting
The nonstatutory double patenting rejection as being unpatentable over claims 1-11 of U.S. Application No. 17/296528 in view of Murata (EP2116372) or Murata in view of 17/296528 are withdrawn. However, the Examiner reserves the rights to reinstate the rejections if the Applicant amends the claims, if rejections are still valid.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-10, 12 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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 HELEN OI CONLEY whose telephone number is (571)272-5162. The examiner can normally be reached 8:30 am - 5:00 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Nicholas Smith can be reached on 5712728760. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Helen Oi K CONLEY/Primary Examiner, Art Unit 1752
