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 .
Response to Amendment
The amendment filed 6/27/2022 is objected to under 35 U.S.C. 132(a) because it introduces new matter into the disclosure. 35 U.S.C. 132(a) states that no amendment shall introduce new matter into the disclosure of the invention. The added material which is not supported by the original disclosure is as follows: Amended figure 15 and the proposed amendment to the specification introduce new matter. While paragraph [0040] of the originally filed specification states, “In some embodiments, the least one electrode may include both a recessed portion and a hollowed-out portion,” it does not clearly point out the relationship between the location of the recessed portion and the hollowed-out portion when both are provided. Fig. 15, therefore, provides new matter by placing the recessed portion and the hollowed out portion in a relative position not clearly defined by the original specification.
Applicant is required to cancel the new matter in the reply to this Office Action.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the combination of a recessed portion, independent claim 24, and a hollowed out portion, dependent claim 28 and 34, must be shown or the features canceled from the claims. No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Rejections - 35 USC § 112
Rejections under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph have been withdrawn based on applicant’s arguments submitted 2/11/2026.
Claim Rejections - 35 USC § 102
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 11-12, 14, and 19-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 2014/0334510 (Bethel).
For claim 11, Bethel teaches an undercut electrode fig. 2A, and 3A, 203a) comprising:
a first surface (fig. 2A, bottom of 203a) extending lengthwise (fig. 2A, left to right) from a first end (fig. 2A, left end) to a second end (fig. 2A, right end) and adapted to face a gas discharge medium (fig. 2A, discharge region 205);
a second surface opposite the first surface and extending lengthwise from the first end to the second end (fig.2A, top of 203a);
a first hollowed-out portion formed across the first end of the undercut electrode between the first and second surfaces (fig. 2A, portion of 203a above 204a and fig. 3A, portion of 203a left of 204a; holes for screws 332 hollow out the portion); and
a second hollowed-out portion formed across the second end of the undercut electrode between the first and second surfaces (fig. 2A, portion of 203a above 204b and fig. 3A, portion of 203a left of 204b; holes for screws 332 hollow out the portion).
For claim 12, Bethel teaches the undercut electrode includes a bulk thickness (fig. 2A, thickness at center of 203A), and wherein the first and second hollowed-out portions each comprise an undercut portion within the second surface (fig. 2A, top surface of 203a is a portion with an undercut above 204a and 204b) wherein the first and second ends of the undercut electrode have a thickness (fig. 2A, thickness of 203a above 204a and 204b) less than the bulk thickness (fig. 2A, thickness at center of 203A).
For claim 14, Bethel teaches the first and second hollowed-out portions contain a solid non-conductive material (fig. 3A, 336, [0023]).
For claim 19, Bethel teaches a pair of opposing first and second electrodes configured to excite a gas medium to form a plasma (fig. 2A and 3A, 203a and 203b), each of the first and second electrodes comprising:
a first surface (fig. 2A, bottom of 203a and top of 203b) extending lengthwise (fig. 2A, left to right) from a first end (fig. 2A, left end) to a second end (fig. 2A, right end) and configured and adapted to face the gas medium (fig. 2A, discharge region 205); and
a second surface opposite the first surface and extending lengthwise from the first end to the second end (fig.2A, top of 203a bottom of 203b),
wherein each of the first and second electrodes comprises first and second recessed portions formed respectively across each of the first end and second end of each of the first and second electrodes (fig. 2A, recessed portions above and below 204a and 204b).
For claim 20, Bethel teaches each of the first and second electrodes includes a bulk thickness (fig. 2A, center thickness of 203a and 203b) and the first surface comprises a planar surface adapted to face the gas discharge medium (fig. 2a, surfaces of 203a and 203b bordering discharge region205), and wherein the first and second recessed portions each comprise an undercut portion (fig. 2A, recessed portions above and below 204a and 204b are considered undercut) wherein the first and second ends of each of the first and second electrodes have a center thickness less (fig. 2a, thickness of 203a and 203b above and below 204a and 204b) than the bulk thickness (fig. 2A, center thickness of 203a and 203b).
Allowable Subject Matter
Claims 1, 3, 7-8, 24, 28-30, 33-35 are allowed.
The following is an examiner’s statement of reasons for allowance: Claims are allowed based on applicant’s arguments submitted 10/1/2025. In particular, page 8, paragraph 4 and page 7, paragraph 11
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Response to Arguments
Applicant's arguments filed 2/11/2026 have been fully considered but they are not persuasive.
With respect to the objections to the drawings, the amended drawings are objected to as discussed above. Regardless, they still fail to show a recessed portion across one end (independent claim 24) and a hollowed out portion at one of the first end and second end (dependent claim 28). Rather the hollowed out portion is at a center of the at least one electrode.
In response to applicant's argument that the references fail to show certain features of the invention, it is noted that the features upon which applicant relies (i.e., which surfaces are the “ends”) are not recited in the rejected claims. Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993).
Applicant argues that the “ends” are shown circled in annotated fig. 3A of the remarks and there is no recessed portion; thus claims 11 and 19 are not anticipated by Bethel. However, while the circled region may correspond to the surfaces of the electrodes designated “the ends” in the applicant’s specification, there is no reason these surfaces must be “the ends” recited in claims 11 and 19. Rather, in fig. 3A of Bethel the tops and bottoms of 203a and 203b are interpreted to be the ends of the electrodes. The quadrilateral in annotated fig. 3A below highlights one of the ends of electrode 203A and has the claimed recessed portion.
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It is noted that if “end” is further defined to limit which surface qualify as the claimed ends, the instant invention could overcome the Bethel reference. However, additional search and consideration would be required before determining patentability based on the exact language adopted.
Conclusion
THIS ACTION IS MADE FINAL. 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 Michael W Carter whose telephone number is (571)270-1872. The examiner can normally be reached M-F, 9:00-5:30.
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/Michael Carter/Primary Examiner, Art Unit 2828