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:
In paragraph [0044], “about 50nm or more and about 1000 nm or smaller” is not properly defining the range or what/how much the word “about” is meant to convey.
Appropriate correction is required.
Drawings
The drawings are objected to because of the following:
In Figures 14 and 15, it is not clearly shown in these figures as to what feature the lead line for label 111 is pointing to and thus clarification is needed.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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 1-15 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. Claims 2-12 and 14-15 depend upon rejected claim 1 and inherit the deficiency thereby.
In claim 1, last paragraph, note that it is unclear whether “an angle defined by the support substrate” would be an accurate characterization of this aspect of the invention, especially since it appears that this “angle” is more appropriately associated with walls of the “cavity” formed in the support substrate rather than the support substrate itself and thus appropriate clarification is needed. Moreover, in the last paragraph, note that the subsequent wording “defining a portion … is defined by a tapered angle” is vague in meaning as to what such wording is intended to convey and thus appropriate clarification is needed.
Claim 13, Lines 2-3, the term “about” is a relative term which renders the claim indefinite. The term “about” is not defined by the claim, and the specification does not provide a standard for ascertaining the requisite degree encompassed by the term “about”, and thus one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. The specification does not further define the word “about” to provide a more clearer definition of the amount to know the true range of values as claimed.
Appropriate correction is required.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ABIGAIL YALDO whose telephone number is (703)756-1784. The examiner can normally be reached Monday - Friday 7 AM - 4 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Andrea Lindgren Baltzell can be reached at (571) 272-5918. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ABIGAIL AMIR YALDO/ Examiner, Art Unit 2843
/ANDREA LINDGREN BALTZELL/ Supervisory Patent Examiner, Art Unit 2843