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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 April 6, 2026 has been entered.
Claim Objections
Claim 35 is objected to because of the following informalities: Claim 35 should be amended to recite “radiation, light”.
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.
Claim 50 is 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 50 recites a system, which the Examiner interprets as an apparatus, with requirements for its structure and then incorporates the method of claim 31. As claim 31 also claims a system that employs its desired method the Examiner is unable to determine whether claim 50 requires the system of claim 31 or the system of claim 50. Therefore claim 50 is undefined. The Examiner recommends deleting “wherein the system is adapted to carry out a method according to claim 31” and amending claim 50 to include all the structural and functional requirements of claim 31.
Allowable Subject Matter
Claim 31-34, 37 and 38 are allowed.
The following is an examiner’s statement of reasons for allowance: Regarding claim 31, no prior art teaches a method for controlling an evaporation rate of source material in a system for thermal evaporation with electromagnetic radiation with a method comprising b) measuring electromagnetic radiation reflected on the source surface by the main detector by measuring and/or monitoring an absolute temperature and/or a change of a temperature of the absorption body for measuring and/or monitoring an amount of energy deposited into the absorption body by the electromagnetic radiation impinging on the main detector.
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.”
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOHN J BRAYTON whose telephone number is (571)270-3084. The examiner can normally be reached 9AM-5PM EST M-F.
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JOHN J. BRAYTON
Primary Examiner
Art Unit 1794
/JOHN J BRAYTON/Primary Examiner, Art Unit 1794