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 with traverse of Group I, claims 1-4 and 12-15 in the reply filed on 02/18/26 is acknowledged. The traversal is on the ground(s) that any search for one invention would overlap the search for the other invention and that it would not be a serious burden on the examiner to examine all the claims together. This is not found persuasive because the claimed structural features as set forth within each group, are clearly not the same and would require different search strategies. Furthermore, the examiner’s much closer proximity to the searching and examination functions, leads to a much better evaluation on the actual burdens involved. As such, non-elected claims 5-11 are withdrawn.
The requirement is still deemed proper and is therefore made FINAL.
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 and 12-15 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.
Independent claim 1 is highly indefinite in regards to the metes and bounds of what is being claimed for the following reasons:
What is meant by the step of “evacuating the furnace”? What is being evacuated? Is the entire atmosphere being evacuated to make a vacuum? Or is only part of the atmosphere being evacuated, such as oxygen gas, water vapor etc.? Or is the original atmosphere being replaced with a specific purge gas?
What is meant by “executing an activation soak”? What specifically constitutes, (i.e. the metes and bounds), of an “activation soak”? After “executing an activation soak”, what property/properties are imparted to the activated getters?
In the process step of: “executing a brief thermal excursion” [Emphasis added], what is the metes and bounds of the limitation “brief”? How does the process step of: “executing a brief thermal excursion” differ from the previously required “executing an activation soak” if both involve some sort of heating?
In dependent claim 2 the metes and bounds of what is meant by: “for an extended time” is completely unknown and is thus indefinite. Likewise, in dependent claim 2 the metes and bounds of what is meant by: “for an brief time” is completely unknown and is thus indefinite.
Dependent claims 3-4 are themselves indefinite because they are either directly or indirectly dependent on rejected independent claim 1.
Independent claim 12 is deemed to be indefinite for the same basic reasons that independent claim 1 is indefinite.
Dependent claim 13 is deemed to be indefinite for the same basic reasons that dependent claim 2 is indefinite.
Dependent claims 14-15 are themselves indefinite because they are either directly or indirectly dependent on rejected independent claim 12.
Claims Free of Prior-Art Rejections
Claims 1-4 and 12-15, although indefinite, are deemed to be free of any prior-art rejections in light of applicant’s specifically claimed method steps, with particular emphasis on Applicant’s method steps of: “executing an activation soak” followed by “executing a brief thermal excursion of the getter assemblies to cause the respective braze alloys to melt and flow into the respective vents to thereby hermetically seal the respective getters.”, as set forth in independent claim 1; and the limitation of: “activation soaking” followed by “executing a brief thermal excursion of the getter assembly to cause the braze alloy thereof to melt and flow into the vent to hermetically seal the getter.”, as set forth in independent claim 12. It is held that no prior-art reference or combination of prior-art references, teach or suggests said method limitations.
Relevant prior-art references are set forth next.
Romano et al. U.S. Patent Number 5,111,049 discloses an infrared detector assembly (10) of the type used in munition and night vision systems having an RF (Radio Frequency) activated getter (50). Such detector assemblies (10) include a tubular coldfinger (22) surrounded by a vacuum and which supports infrared detector array (26) and related components. In accordance with this invention, RF getter (50) is located remote from detector array (26) and engages an inner wall surface (56) of a metallic dewar housing (14). The RF getter (50) is activated via RF inductive heating directly through the metal dewar housing (14) such that sensitive IR detector components and hermetic braze joints are kept below their critical temperature. As a result, the present invention provides longer vacuum life and greater operational reliability of infrared detector assembly (10), see abstract.
Zahuta et al. U.S. Patent Number 5,433,639 discloses a dewar assembly is cleaned, baked out, assembled, and joined in a single vacuum system without exposing the components to ambient atmosphere. The vacuum system preferably has a first chamber with multiple subchambers that can be isolated from each other, and a second chamber that can be isolated from the first chamber. The multiple chambers and subchambers prevent cross contamination during the various process steps, and also permit multiple dewar assemblies to be batch processed at different stages simultaneously. The components of the dewar assembly are loaded into one subchamber and cleaned, and thereafter moved to another subchamber for bakeout. The dewar getter is heated in the second chamber and moved to one of the subchambers for assembly. The components of the dewar assembly are assembled and joined, see abstract.
Zahuta et al. further discloses as a separate operation, preferably conducted in parallel with the preceding steps, the non-evaporative getter 50 for the dewar is placed, numeral 70, into a second vacuum chamber 110 that interconnects to the assembly chamber 108 through a fifth vacuum lock 112. The second vacuum chamber 110 is evacuated, numeral 72. The getter material is activated, numeral 74, by heating the getter material to a temperature of up to about 900.degree. C. for 10 minutes using electrodes, resistive heaters, radio frequency induction heaters, or other operable heating device. After completion of the activating, the getter material is moved to the assembly chamber 108 through the fifth vacuum lock 112., see column 6, lines 7-20. The only mention of brazing is found in column 6, lines 47-51, but such is in reference to the getter in the dewar assembly itself.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOSEPH DAVID ANTHONY whose telephone number is (571)272-1117. The examiner can normally be reached M-F: 10:00AM-6:30PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Arrie (Lanee) Reuther can be reached at 571-270-7026. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JOSEPH D ANTHONY/Primary Examiner, Art Unit 1764
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