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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 4/10/2026 has been entered.
The rejection of claims 1, 3-6, 9, and 12-19 under 35 U.S.C. 102(a)(1) as being anticipated by Onoda et al. (JP 2009-038210) is withdrawn in response to Applicant’s amendments. Accordingly, the rejections of claims 10, 11, and 20 under 35 U.S.C. 103 as being unpatentable over combinations of Onoda, Kwak (KR 200142850), and Cai et al. (CN 110784944) are also withdrawn.
In response to Applicant’s amendments, new ground(s) of rejection are applied below.
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, 3-6, 9-20, 24, and 25 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.
Regarding claims 1, 14, and 15, the limitation “an immersion-type heater” is indefinite because the addition of the word “type” to an otherwise definite expression extends the scope of the expression so as to render it indefinite. See MPEP 2173.05(b) (III) (E). For examination purposes, the limitation has been interpreted as “an immersion heater.”
Allowable Subject Matter
Claims 1, 3-6, 9-20, 24, and 25 would be allowable if rewritten or amended 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.
The following is a statement of reasons for the indication of allowable subject matter: the prior art does not disclose, or render obvious, the apparatus for heating a chemical liquid as defined by claim 1 or claim 14; or the system for treating a substrate as defined by claim 15. There is no apparent teaching, suggestion, or motivation to further modify the closest prior art, Onoda et al. (JP 2009-038210), to have the heating element arrangement as claimed. Also see the Applicant’s Remarks filed 4/10/2026.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DAVID G CORMIER whose telephone number is (571)270-7386. The examiner can normally be reached M-F: 9:30 - 6:00.
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DAVID G. CORMIER
Examiner
Art Unit 1711
/DAVID G CORMIER/Primary Examiner, Art Unit 1711
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