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 .
Claim Objections
Claims 9 and 11 are objected to because of the following informalities: claim 9 line 2 requires “includes forming a film comprising the film is substantially free of silicon dioxide…” and should require “includes forming a film that is substantially free of silicon dioxide…”. Claim 11 line 6 requires “…wherein at least one line defining a maze-type pattern that extends…” and should require “…wherein at least one line defines a maze-type pattern that extends…” Appropriate correction is required.
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.
Claim 9 is 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.
The term “substantially free” in claim 9 is a relative term which renders the claim indefinite. The term “substantially free” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. The method in question is directed to preparing a panel having a film from a precursor comprising “zirconium (Zr), oxygen (O), and optionally silicon (Si)” [claim 1], whereas claim 9 requires that the film is “substantially free of silicon dioxide”. Claim 1 allows the film to be entirely free of Silicon, however, when forming the precursor a person having ordinary skill in the art would either add Silicon or not add Silicon, therefore it is unclear what the applicant intends with “substantially free of Silicon…”.
Allowable Subject Matter
Claims 1-8, 10, and 12-14 are allowed.
With regards to independent claim 1 the closest prior art is Brudieu (US 2020/0248908 A1), however, Brudieu alone or in combination does not provide for heating a blank ceramic panel and the precursor solution or that the liquid-repelling film forms a discontinuous pattern that does not define a complete enclosure. Brudieu teaches away from the latter by requiring that the film “surrounds at least one region…so as to form a liquid-retaining reservoir” [paragraph 0014]. The examiner notes that claim 1 of the instant application is commensurate in scope with the apparatus claim allowed in parent application 17/138,368 now US Patent 12,129,202.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to VIVEK K SHIRSAT whose telephone number is (571)272-3722. The examiner can normally be reached M-F 9:00AM-5:20AM.
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/VIVEK K SHIRSAT/Primary Examiner, Art Unit 3762
