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 .
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 28 March 2026 has been entered.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claim(s) 1, 8, 11-21, and 23-28 is/are rejected under 35 U.S.C. 112(a) or pre-AIA 35 U.S.C. 112, first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for pre-AIA the inventor(s), at the time the application was filed, had possession of the claimed invention.
While the specification discloses three layers with perforations are collectively a foil (e.g., see “… Each GEM layer has two conductive layers 20, 30, and an insulating layer 10 between the two conductive layers. Each layer has perforations that are coaligned among the layers. The three layers with perforations 75 are collectively a foil …” in paragraph 26), there does not appear to be any disclosure of each foil comprises an insulation layer and a plurality of conduction layers. Therefore, there does not appear to be a written description of the newly added claim limitation “each of the one or more layers of GEM foils comprising an insulation layer and two conduction layers” in the application as filed.
Claim(s) dependent on the claim(s) discussed above also fail(s) to comply with the written description requirement for the same reasons.
Response to Arguments
Applicant's arguments filed 28 March 2026 have been fully considered but they are not persuasive.
Applicant argues that amended claims 1 and 8 are supported at least by paragraph 26 of the application as filed. Examiner respectfully disagrees. While the specification discloses three layers with perforations are collectively a foil (e.g., see “… Each GEM layer has two conductive layers 20, 30, and an insulating layer 10 between the two conductive layers. Each layer has perforations that are coaligned among the layers. The three layers with perforations 75 are collectively a foil …” in paragraph 26), there does not appear to be any disclosure of each foil comprises an insulation layer and two conduction layers. MPEP § 2111.03 states that “… transitional term “comprising”, which is synonymous with “including,” “containing,” or “characterized by,” is inclusive or open-ended and does not exclude additional, unrecited elements …”. Therefore, there does not appear to be a written description of the newly added claim limitation “each of the one or more layers of GEM foils comprising an insulation layer and two conduction layers” in the application as filed.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 2013/0067741 teaches a ionizing sensor.
US 2013/0228696 teaches a ionizing sensor.
US 10,585,208 teaches a ionizing sensor.
US 10,191,180 teaches a ionizing sensor.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Shun Lee whose telephone number is (571)272-2439. The examiner can normally be reached Monday-Friday.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Uzma Alam can be reached at (571)272-3995. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/SL/
Examiner, Art Unit 2884
/UZMA ALAM/Supervisory Patent Examiner, Art Unit 2884
Prosecution Insights