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 .
This office action is responsive to the Amendment, Drawings and Remarks filed 26 January 2026. Claims 1-10 remain pending and presently under consideration in this application.
Drawings
The objection to the drawings as set forth in paragraph 2 of the previous office action on the merits is hereby withdrawn. The drawings filed 26 January 2026 are accepted by the Examiner.
Response to Amendment
Applicant’s amendments have failed to satisfactorily address the rejection of claim under 35 U.S.C. 112(b) or 35 U.S.C. 112(pre-AIA ), second paragraph, as set forth in paragraph of the previous office action on the merits. Please see the following paragraph 10 for additional discussion.
Response to Arguments
Applicant's arguments filed 26 January 2026 in response to the rejection of claims under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as set forth in paragraph 5 of the previous office action on the merits, said arguments to the effect that the insertion of a colon (:) to demarcate the preamble in conjunction with further revisions essentially overcomes the aforementioned rejection, have been fully considered but they are not persuasive.
Applicant's arguments filed 26 January 2026 in response to the rejection of claims on the ground of nonstatutory double patenting as set forth in paragraph 7 of the previous office action on the merits, said argument to the effect that the method claims of Yoon et al. (‘887) are drawn to photonic crystal preparation in contrast to the present method of making a physical unclonable function structure, have been fully considered and are persuasive. The aforementioned has been withdrawn.
Applicant's arguments filed 26 January 2026 in response to the rejection of claims under 35 U.S.C. 102(a)(1) as set forth in paragraphs 10-14 of the previous office action on the merits, said arguments to the effect that the prior art is silent with respect to a method of making a physical unclonable function structure having a “chiral random pattern” have been fully considered and are persuasive. The aforementioned rejections have been withdrawn.
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 1-10 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.
Amended claim 1 is rejected as being vague and indefinite when it recites
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Amended claim 1 fails to particularly point out and distinctly claim the sequence of active, positive steps delimiting the claimed method of making a physical unclonable function structure. As mentioned in the previous office action on the merits, it appears as if there is a step in the process that the “bent-shaped liquid crystal molecule is self-assembled in a twisted layered structure”, but that is not clearly set forth? The nexus between said “twisted layered structure” and the “helical nanofilaments (HNF)” is likewise unclear. The scope of the protection sought by “due to an optical rotation phenomenon” is unclear; is the subsequent twisted layer structure then subjected to “incident linearly polarized light”? Adding further to the failure of amended claim 1 to particularly point out and distinctly claim the “method of making a physical unclonable function structure” (emphasis added), is that the ultimate line recites that a “helical nanofilament photonic crystal structure in a form of a film or a flake” is formed?
Conclusion
THIS ACTION IS MADE FINAL. 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 Geraldina Visconti whose telephone number is (571)272-1334. The examiner can normally be reached Monday-Friday, 8:00am-4:30pm.
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GERALDINA VISCONTI
Primary Examiner
Art Unit 1737
/GERALDINA VISCONTI/Primary Examiner, Art Unit 1737