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
Amendment filed 10/14/2025 has been entered and fully considered. Claims 1-19 and 21 are pending. Claim 20 is cancelled. Claims 1, 16 and 21 are amended. No new matter is added.
Response to Arguments
Applicant's arguments filed 10/14/2025 have been fully considered but they are not persuasive.
Applicant argues that the cited art does not teach or suggest that the infrared emissions portion is made from the listed claimed materials.
Examiner notes that the materials being claimed as the emission portion were not previously presented and will be addressed hereinafter.
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 1-15, 17-19 and 21 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 1 recites “made from a material comprising one or more of a group consisting of”. This is indefinite because it appears to be an amalgamation of two transitional phrases. Specifically, the transitional phrase “comprising” is open ended and allows other materials to exist within the materials of the emission portion. While “selected from the group consisting of” limits the materials to only those recited. Thus, it is unclear if the materials of the emission portions is limited to only those materials listed, or is open to the inclusion of other materials. See, MPEP 2111.03, I and II.
Claims 2-15 and 17-19 are rejected for depending from claim 1.
Claim 21 recites “made from a material comprising one or more of a group consisting of”. This is indefinite because it appears to be an amalgamation of two transitional phrases. Specifically, the transitional phrase “comprising” is open ended and allows other materials to exist within the materials of the emission portion. While “selected from the group consisting of” limits the materials to only those recited. Thus, it is unclear if the materials of the emission portions is limited to only those materials listed, or is open to the inclusion of other materials. See, MPEP 2111.03, I and II.
For examination purposes, claims 1 and 21 will be examined as if the transition phrase is “consisting of” and the materials of the emissions portion are selected from only those listed in the claims.
Allowable Subject Matter
Claim 16 is allowed.
The following is a statement of reasons for the indication of allowable subject matter: With respect to claim 16, the prior art does not teach or suggest the sequential arrangement between the susceptor and the emission portion along a radial direction of the base, per se.
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.
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/ALEX B EFTA/Primary Examiner, Art Unit 1745