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 .
This action is in response to the amendment filed on 08/12/26.
Claims 1, 3-10 and 16-26 are pending and have been examined.
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, 3-10 and 16-26 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.
In claims 1 and 21, the limitations of “the first material is ranked on one side of the working object and a second material is ranked on an opposite side of the working
object” and “wherein a rank difference between the first material and the second material in the electrostatic sequence is greater than or equal to 2.” render the claim indefinite in that it is unclear whether the claimed “ranked difference” is synonymous with the disclosed “interval” described in the specification of the instant application. Also, it is unclear how the numerical rank difference is calculated.
In claim 10, it is unclear what is encompassed by “location of a smallest electrostatic charge”. The claim identifies the measurement location according to an amount of electrostatic charge, while characterizing the claimed condition in terms of voltage at that location. It is not clear whether the smallest electrostatic charge refers to total charge, charge magnitude, electrostatic potential, or another parameter.
In claims 16, 18-19 and 22, the phrase of “different electrostatic properties” renders the claim indefinite because the claim does not identify which electrostatic property must differ or the degree of difference necessary.
In claim 17, the phrase “substantially the same as” is a term of degree. The claim does not provide any numerical boundary for determining the amount by which the respective lengths may differ while remaining “substantially the same”.
In claim 23, the limitation of “capable of working normally” renders the claim indefinite in that it lacks objective boundary. It is unclear what operating condition constitutes “normally”.
Allowable Subject Matter
Claims 1, 3-10 and 16-26 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Response to Arguments
Applicant’s arguments, with respect to claims 1, 3 and 6-7 as anticipated by Yang have been fully considered and are persuasive. The rejection of claims 1, 3, 6-7 has been withdrawn.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHELLE LOPEZ whose telephone number is (571)272-4464. The examiner can normally be reached Monday thru Friday 8:30 am to 4:30 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Anna Kinsaul can be reached at (571) 270 - 1926. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MICHELLE LOPEZ/ Primary Examiner, Art Unit 3731
