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 .
Specification
The disclosure is objected to because of the following informalities:
Independent claims 1, 8, and 11 recites “a high-resistivity”. This “high” resistivity is a relative term. The Specification of the present application fails to disclose how “high” resistivity would be. Because of this reason, the 112(a) and (b) rejection are set forth below.
Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
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 – 13 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention
As discussed above.
Claims 1 – 13 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.
As discussed above.
Allowable Subject Matter
Claims 1 – 13 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(a) and (b) paragraphs, set forth in this Office action.
The following is a statement of reasons for the indication of allowable subject matter:
With respect to independent claim 1, the reference cited in PTO-892 teaches a light sensor comprising:
a vibration actuator configured to generate vibration on the basis of an input signal;
a resonator having a doubly-clamped beam, the doubly-clamped beam being
formed in a MEMS structure using a silicon material, being configured to vibrate on the basis of the vibration transmitted by the vibration actuator, and having a resonant
frequency that changes in response to input of light; but the prior art of record fails to teach or reasonably suggest:
a vibration detector configured to detect vibration of the doubly-clamped beam, wherein the MEMS structure is formed of a high-resistivity silicon-on-insulator (SOI) substrate (except for a phononic crystal).
With respect to independent claims 8 and 11, because of the same allowable subject matter as in claim 1.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KIHO KIM, Ph.D. whose telephone number is (571)270-1628. The examiner can normally be reached M-F: 8-5 EST.
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KIHO KIM, Ph.D.
Primary Examiner
Art Unit 2884
/Kiho Kim/Primary Examiner, Art Unit 2884