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 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 6-8 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.
Claim 6-8 recites the limitation "The first and second structure". For example, see claim 6-line 2-3, claim 7-line 2-3 and claim 8-lines 2-3. Clams 6 and 7 depend from claim 1, and claim 1 does not introduce any particular “first structure” or “second structure”. Instead claim 1 recites a first metasurface, second metasurface and a dielectric layer. Therefore, it is unclear which element it is intended by the “first structure” and “second structure”, since these elements lack sufficient antecedent basis. Claim 8 inherits this ambiguity through its dependency from claim 7. with respect to claim 1. For example, is the first structure or second structure referring to the first metasurface layer, the second metasurface layer or the dielectric layer. There is insufficient antecedent basis for this limitation in the claim. Examiner suggests claims 6 and 7 be dependent of claim 2, which introduce a first and second structure or the first and second structure be defined in claim 6 and 7. For purpose of examination, Examiner interprets that “the first and second structure” recites in claim 6-8 are referring to a nano-scale or micro-scale first structure and the a second metasurface layer comprising a nano-scale or micro-scale second structure.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1-10 are rejected under 35 U.S.C. 102 (a)(1) as being anticipated by Manohara et. al. US Patent 9406442 (Manohara).
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Regarding claim 1, Manohara discloses an electrical-energy storage device (i.e., 100) (see Fig. 1A-1B) for storing electrical energy for use as a power source, the electrical-energy storage device comprising:
a conductive or semi-conductive first metasurface layer (i.e., 102) (Fig. 1A);a conductive or semi-conductive second metasurface layer (i.e., 104) (Fig. 1A); and a dielectric layer (i.e., 106) (Fig. 1A) sandwiched between the first (i.e., 102) (Fig. 1A) and the second metasurface layers (i.e., 104) (Fig. 1A) for electrically insulating the first metasurface layer (i.e., 102) (Fig. 1A) from the second metasurface layer (i.e., 104) (Fig. 1A).
Regarding claim 2, Manohara, as applied in linking claims, discloses wherein the first metasurface layer (i.e., 102) (Fig. 1A) comprises a plurality of nano-scale or micro-scale first structures; wherein the second metasurface layer (i.e., 104) (Fig. 1A) comprises a plurality of nano-scale or micro- scale second structures; and wherein the first (i.e., 102) (Fig. 1A) and the second structures (i.e., 104) (Fig. 1A) extending into each other without electrical contact therewith.
Regarding claim 3, Manohara, as applied in linking claims, discloses wherein the first structures comprise a plurality of recesses at distal ends thereof; and wherein at least a second set of the second structures are received in the recesses of the first structures without electrical contact therewith (for example see Fig. 2 and Fig. 4).
Regarding claim 4, Manohara, as applied in linking claims, discloses wherein the first structures comprise a plurality of first rods having recesses at distal ends thereof; and wherein at least a portion of the second structures are received in the recesses of the first rods without electrical contact therewith (for example see Fig. 2 and Fig. 4).
Regarding claim 5, Manohara, as applied in linking claims, discloses wherein the first structures comprise a plurality of first rods; and wherein the second structures comprise a plurality of second rods interleaved with the first rods (for example see Fig. 2 and Fig. 4).
Regarding claim 6, Manohara, as applied in linking claims, wherein at least a first set of the first and the second structures has a circular, elliptical, or rectangular cross-section (for example see Fig. 2, Fig. 4, Fig. 7 and Fig. 10A).
Regarding claim 7, Manohara, as applied in linking claims, wherein one or more dimensions of each of the first and the second structures are in a nanometer range or in a micrometer range (for example see abstract).
Regarding claim 8, Manohara, as applied in linking claims, wherein the thicknesses of the first and the second structures are in the nanometer range or in the micrometer range (for example see abstract).
Regarding claim 9, Manohara, as applied in linking claims, discloses at least one of: a first electrode coupled to the first metasurface layer (i.e., 102) (Fig. 1A); and a second electrode coupled to the second metasurface layer (i.e., 104) (Fig. 1A) (for example see column 5, lines 36-37).
Regarding claim 10, Manohara, as applied in linking claims, discloses at least one of the first (i.e., 102) (Fig. 1A) and the second metasurface layers (i.e., 104) (Fig. 1A) comprises an electrically conductive base forming an electrode (i.e., 104) (Fig. 1A) (for example see column 5, lines 36-37).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to YAHVEH COMAS TORRES whose telephone number is (571)272-4011. The examiner can normally be reached Mondays - Thursday 830am.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Thienvu V Tran can be reached on (571)270-1276. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/YAHVEH COMAS TORRES/Examiner, Art Unit 2838
/THIENVU V TRAN/ Supervisory Patent Examiner, Art Unit 2838
