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 .
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 5, 11 and 13 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 11 is unclear with the scope of the claim, particularly in that a contradictory embodiment exists within the claim language. That is, claim 10 provides that the conductive part may be on an inner surface of the main tube, and claim 11 requires the inner surface of the main tube is formed entirely of the non-conductive material. In the event that element (2) of claim 10 is provided, it would contradict the language of claim 11. It is suggested claim 11 be amended clarify that element (2) of claim 10 is not met as part of the claim language.
Claim 13 lacks proper antecedent basis for “the protrusion”. It is suggested claim 13 be amended to depend from claim 12 which provides the necessary antecedent basis.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1, 7-10, 14 and 16 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Suslov (5,843,079).
Suslov provides an irradiation nozzle for discharging a reactive gas containing a plasma comprising a main tube (lengths l1 to l3 ) with its inner surface at least partially formed of a non-conductive material (22) and a conductive part (10) located at the tip of the main tube. The conductive part (8,9,10) is positioned such that the it comes into contact with the reactive gas as it exits the tube.
Claims 1-3, 6-14 and 16 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kindel et al (8,994,271).
Kindel et al provides an irradiation nozzle for discharging a reactive gas containing a plasma comprising a main tube (4) with its inner surface formed of a non-conductive material (col. 5 – reference symbol list). A conductive part (2) is located at a tip of the main tube such that the part or all of the conductive part comes into contact with the reactive gas discharged from the tube (see Figure 4 which shows the conductive portion 2 extending beyond the distal end of the tube 4).
Regarding claim 2, the inner surface of the main tube (4) is entirely formed of the non-conductive material as seen in the figures. Regarding claim 3, the conductive part (2) covers all or part of the outer surface of the main tube (4) and protrudes beyond a tip of the main tube (Figure 4, for example). Regarding claim 6, the conductive part (2) is grounded (col. 5, reference symbol list).
Regarding claim 7, Kindel et al provide the irradiation nozzle of claim 1 (as addressed above) and an irradiation instrument main body (7) which contains the plasma generation region (Figure 1).
Regarding claim 8, the nozzle is inherently detachable from the instrument main body (even if by destroying the connection). That is, there is no structural limitation on the type of connection and any two elements may be detached. Regarding claim 9, Kindel et al provide the instrument of claim 7 as addressed above as well as a gas supply unit (6) that supplies plasma generating gas and a power supply (5) as shown in Figure 1.
Regarding claim 10, Kindel et al again discloses an irradiation nozzle comprising a main tube (4) formed from a non-conductive material and a conductive part (2) formed of a conductive material such that at least part of the conductive part is located at a tip of the main tube (Figure 4).
Regarding claim 11, the main tube (4) is entirely formed of a non-nonconductive material. Regarding claim 12, the conductive part (12) covers part or all of the end surface of the main tube and has a protrusion protruding beyond the tip of the main tube (Figure 4). Regarding claim 13, the protrusion is annular with a decreasing diameter (Figure 4).
Regarding claim 14, Kindel et al provide an irradiation instrument comprising the nozzle of claim 10 (as addressed previously) and an irradiation main body (7) having a plasma generation region (Figure 1). Regarding claim 16, Kindel et al also provide a gas supply unit (6) and a power supply (5) as shown in Figure 1.
Claims 1, 2 and 4 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Lam (2012/0283732).
Regarding claim 1, Lam provides an irradiation nozzle (Figure 4a) for discharging a reactive gas containing a plasma, the nozzle comprising a main tube (409) formed with an inner surface and being formed from a non-conductive material (para. [0207]) and a conductive part (414) located at a tip of the main tube.
Regarding claim 2, the entirety of the inner surface of the main tube (409) is non- conductive, with an electrode provided on the inner surface as seen in Figure 4a. Regarding claim 4, Lam teaches the main tube may be formed from a transparent material (para. [0207], for example).
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 8 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Kindel et al (8,994,271) in view of the teaching of Penny et al (7,300,436).
Regarding claims 8 and 15, Kindel et al do not specifically teach the irradiation nozzle is detachable from the instrument body.
Penny et al disclose another plasma generating device comprising a main tube having a distal portion for discharging a plasma. In particular, Penny et al teach that the device may include a nozzle portion (502) that includes a detach/attach mechanism such that the nozzle may be removed from the main handle. See, for example, Figures 21 and 22 and column 31, lines 28-35.
To have provided the Kindel et al device with a detachable nozzle to allow for reuse of the handle portion with different/new nozzles would have been an obvious design consideration for one of ordinary skill in the art at the time of the invention since Penny et al fairly teach it is known to provide such a detachable nozzle assembly for an analogous plasma generating device.
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Lam (‘732) in view of the teaching of Kindel et al (‘271).
The Lam device has been addressed with respect to claims 1, 2 and 4 above. While Lam provide an electrode (414) at the tip of the main tube, the electrode is not located on an outer surface of the main tip.
Kindel et al, as addressed previously, provide an analogous plasma generating nozzle and specifically teach that the ground electrode may be provided on the exterior surface of the main tube and may extend beyond the tip of the main tube with a tapered shape to focus the plasma stream.
To have provided the Lam device with the return electrode located on the external surface of the main tube (409) and having a tapered extension to focus the plasma stream would have been an obvious modification for one of ordinary skill in the art since Kindel et al fairly teach it is known to provide such a ground electrode on the external surface of a non-conductive main body.
Conclusion
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/MICHAEL F PEFFLEY/Primary Examiner, Art Unit 3794
/M.F.P/December 5, 2025