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 Arguments
Applicant’s arguments, see page 7 paragraphs one – three filed November 7, 2025, with respect to Powell et al (US 2006/0236937), Zwieback (WO 2015/012954), and Pinkasov (US 4,556, 711) all singly or in combination fail to teach or fairly suggest the system as recited in claims 1-10 have been fully considered and are persuasive. The prior art of Powell et al (US 2006/0236937), Zwieback (WO 2015/012954), and Pinkasov (US 4,556, 711) has been withdrawn as all fail to teach a system with a combination of an enclosure, a vapor production system, a transportation system, and a collection system as recited in claim 1.
Upon further review of claim 1 it is noted that the original specification fails to define “the processing time sufficient to react the graphite powder with the silicon vapor to produce a silicon carbide powder”, thus the specification is objected. The claim is also indefinite and requires clarification (without introducing new matter) to define “the processing time sufficient to react the graphite powder with the silicon vapor to produce a silicon carbide powder”.
Likewise, is noted that claim 8 is also indefinite and requires clarification (without introducing new matter) to define the structure or conditions that ensure that “the system is configured to convert the graphite powder to the silicon carbide power while within the enclosure.” It is further noted that the original specification fails to define the structure or conditions that ensure that “the system is configured to convert the graphite powder to the silicon carbide power while within the enclosure.”
Specification
The specification is objected to as failing to provide proper antecedent basis for the claimed subject matter. See 37 CFR 1.75(d)(1) and MPEP § 608.01(o). Correction of the following is required: the original specification fails to define “the processing time sufficient to react the graphite powder with the silicon vapor to produce a silicon carbide powder” as recited in claim 1. The original specification also fails to define the structure or conditions that ensure that “the system is configured to convert the graphite powder to the silicon carbide power while within the enclosure” as recited in claim 8.
Claim Rejections - 35 USC § 112
Claims 1-8 are rejected under 35 U.S.C. 112(a) or pre-AIA 35 U.S.C. 112, first paragraph, as based on a disclosure which is not enabling. The disclosure does not enable one of ordinary skill in the art to practice the invention without defining “the processing time sufficient to react the graphite powder with the silicon vapor to produce a silicon carbide powder” as recited in claims 1-8 which is/are critical or essential to the practice of the invention but not included in the claim(s).
Claim 8 is rejected under 35 U.S.C. 112(a) or pre-AIA 35 U.S.C. 112, first paragraph, as based on a disclosure which is not enabling. The disclosure does not enable one of ordinary skill in the art to practice the invention without defining, “the system is configured to convert the graphite powder to the silicon carbide power while within the enclosure” as recited in claim 8 See In re Mayhew, 527 F.2d 1229, 188 USPQ 356 (CCPA 1976).
Claims 1-8 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. The limitation as recited in claim 1, “the processing time sufficient to react the graphite powder with the silicon vapor to produce a silicon carbide powder” is undefined.
Claim 8 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. The limitation as recited in claim 8, “the system is configured to convert the graphite powder to the silicon carbide power while within the enclosure” is undefined as it is unclear what process conditions are required to produce the claimed result.
Claim Interpretation
The terms “vapor production system” and “transportation system” are no longer interpreted under 35 USC 112(f) also referred to as means plus function as the terms have sufficient structure.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SYLVIA MACARTHUR whose telephone number is (571)272-1438. The examiner can normally be reached M-F 8:30-5 pm.
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/SYLVIA MACARTHUR/Primary Examiner, Art Unit 1716