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: The phrase “a deposition time” suggests the unit of “min” would be used. See App. Spec. [0018], [0039]. However, the unit of “min/cm2” is used instead
Appropriate correction is required.
Claim Rejections - 35 U.S.C. § 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.
Claims 1-10 are rejected under 35 U.S.C. § 112(b) as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor, or for pre-AIA the applicant regards as the invention.
1. This claim is rejected for the following reasons:
I. 5-10%
The limitation “5-10%” fails to specify what type of percent is used, be it mass or volume. The examiner could not find any basis in the specification for the type of percent either. Thus this limitation is indefinite.
The Examiner suggests striking this limitation.
II. Dilute
The term "dilute" is a relative term which renders the claim indefinite. This term 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. MPEP § 2173.05(b).
The Examiner suggests striking this limitation.
III. Auxiliary Cathode
The limitation “auxiliary cathode” suggests there is a primary cathode. However, none can be found. Thus it is uncertain whether there is a primary cathode or not. This makes this limitation indefinite.
The Examiner suggests striking “auxiliary.”
5. The term "brilliant" is a relative term which renders the claim indefinite. This term 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. MPEP § 2173.05(b).
The Examiner suggests striking this limitation.
7. The limitation “a deposition time” suggests the unit of “min” would be used. However, the unit of “min/cm2” is used instead. Thus this claim is indefinite.
The Examiner suggests amending to “a specific deposition time.”
10. The term “auxiliary” is rejected for similar reasons stated in the claim 1 rejection.
2-4, 6, & 8-9. These claims are rejected for being dependent upon a rejected claim.
Claim Objections
Claim 5 is objected to because of the following informalities. Appropriate correction is required.
5. The limitation “to cause that a brilliant blue-white glow is released” is unidiomatic, awkward, and passive. Thus this claim is objected to.
The Examiner suggests amending to “to create a blue-white glow … .”
Subject Matter without an Art Rejection
The following is a statement of reasons for the indication of subject matter without an art rejection: Coad et al., GB 2 063 920 A [hereinafter Coad]. Coad teaches:
A method for regulating surface color and properties of a tantalum layer (control the thickness to get a variety of colors; Coad p. 1 ll. 16-19), comprising:
step (a) forming the tantalum layer (sputter plating tantalum; Coad abstract) … on a surface of a stainless steel substrate (stainless steel substrate; id.);
… and
step (c) using the tantalum layer as a working anode and a stainless steel as an auxiliary cathode, fixing both the tantalum layer and the stainless steel in an electrolysis tank (workpiece is an anode and stainless steel cathode; (Coad p. 2 ll. 18-28) …, and obtaining samples of different thicknesses of tantalum oxide layers by adjusting at least one of an oxidation time, a current, a voltage, and a frequency of a power supply; wherein a change in surface thickness of the tantalum layer is capable of resulting in corresponding changes in the surface color and properties of the tantalum layer (control the thickness to get a variety of colors; Coad p. 1 ll. 16-19).
However, Coad and the prior art of record do not teach:
with a thickness of 40-70 µm;
step (b) grinding the tantalum layer, followed by polishing to planarize the tantalum layer to achieve a lustrous metallic finish, and controlling the thickness of the tantalum layer within a range of 40-50 µm;
and immersing both the tantalum layer and the stainless steel in a 5-10% dilute sulfuric acid solution doped with NaCI, energizing a pulsed power supply.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Hosung Chung whose telephone number is (571) 270-7578. The examiner can normally be reached Monday-Wednesday, 9 AM - 6 PM CT.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, James Lin can be reached on (571) 272-8902. The fax phone number for the organization where this application or proceeding is assigned is (571) 273-8300.
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/HOSUNG CHUNG/Primary Examiner, Art Unit 1794
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