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 .
Election/Restrictions
Applicant’s election without traverse of claims 1-14 in the reply filed on 21 October 2022 is acknowledged. Claims 1, 4-7, 9-11, 13 and 15 remain. Claims 2-3, 8-10, 12 and 14 have been cancelled. Claim 16 has been added and is dependent on claim 1.
Claim 15 was previously withdrawn from further in the aforementioned reply.
Newly submitted claim 17 directed to an invention that is independent or distinct from the invention originally claimed for the following reasons: claim 1 and claim 17 are related as combination and subcombination, wherein the combination, unlike the subcombination, does not require a sequential processing regime relating to maintenance. Additionally, the subcombination is usable in other combinations, such as combination not including all structural features of the combination claim.
Since applicant has received an action on the merits for the originally presented invention, this invention has been constructively elected by original presentation for prosecution on the merits. Accordingly, claim 17 is also withdrawn from consideration as being directed to a non-elected invention. See 37 CFR 1.142(b) and MPEP § 821.03.
To preserve a right to petition, the reply to this action must distinctly and specifically point out supposed errors in the restriction requirement. Otherwise, the election shall be treated as a final election without traverse. Traversal must be timely. Failure to timely traverse the requirement will result in the loss of right to petition under 37 CFR 1.144. If claims are subsequently added, applicant must indicate which of the subsequently added claims are readable upon the elected invention.
Should applicant traverse on the ground that the inventions are not patentably distinct, applicant should submit evidence or identify such evidence now of record showing the inventions to be obvious variants or clearly admit on the record that this is the case. In either instance, if the examiner finds one of the inventions unpatentable over the prior art, the evidence or admission may be used in a rejection under 35 U.S.C. 103 or pre-AIA 35 U.S.C. 103(a) of the other invention.
Drawings
The replacement drawings were received on 22 January 2026. These drawings are acceptable.
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, 4-7, 11, 13 and 16 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. Any claim not specifically mentioned is rejected based on its dependence.
Claim 1 lines, 2-3 now recite “a first processing object” and “a second processing object” which addresses previous issues. However, the naming was not carried through the claim set acknowledging the previously recited features. In order to expedite examination, Examiner has assumed, line 11 of claim 1 was meant to recite “the first processing object” and has examined accordingly. Clarification and/or correction is requested.
Claim 1, lines 14 refers to “substrate processing” without relating to “the first processing object” and “the second processing object”. In order to expedite examination, Examiner has assumed the claim was meant to refer to “… a process gas used during substrate processing of the first process object and the second process object” and has examined accordingly. Clarification and/or correction is requested.
Claim 1, lines 20-25 mention and relate to “the standby time” but does not clearly define the same. In order to expedite examination, Examiner has assumed the claim was meant to recite “(iv) during the standby state, after the first processing object is removed and before the second processing object is loaded, supplying the inert gas …”. Clarification and/or correction is requested.
Claim 4 mentions “standby time” generically. Examiner has assumed the claim was meant to refer to “the standby time in the standby state” and has examined accordingly. Clarification and/or correction is requested.
Appropriate clarifications and/or corrections should be made to all affected claims (i.e. not only dependent claims, but the entire claim set – including claims which are eligible for rejoinder). Additionally, claim 16 which has been written to be dependent on claim 1. Thus, it should refer to “the rotating body” and “the target temperature”.
Clarification and/or correction is requested.
Response to Arguments
Previous rejections and drawing objections have been withdrawn in light of Applicant’s amendments.
Although the amended claims appear to have overcome the teachings of the previously relied upon prior art, issues remain with respect to the claims and 35 USC 112. As detailed above, clarification and/or correction is requested. No additional prior art was located that anticipated the claims or rendered the claims obvious as they are best understood in light of the rejections set forth above.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. USP 6,599,108 teaches a pump having a pump controller and using the pump controller in combination with a memory for storing a relationship between various processing parameters and a preselected temperature of the pump in order to control the temperature of the pump. U.S. Patent Pub. 2022/0333612 discloses an exhauster with a controller associated storage portion. JP 2003090287 to Fukai discloses a method of operating a dry vacuum pump driven by a motor, characterized in that the motor is driven at a rotational speed higher than the rotational speed during steady operation to perform warm-up operation, during warm-up inert gas is supplied. However, Fukai does not disclose a controller configured to perform a detailed sequential processing region as claimed.
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 KARLA MOORE whose telephone number is (571)272-1440. The examiner can normally be reached Monday-Friday, 9am-6pm EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, PARVIZ HASSANZADEH can be reached on (571) 272-1435. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/KARLA A MOORE/Primary Examiner, Art Unit 1716
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