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 .
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
Claim Objections
Claim 17 is objected to because of the following informalities: “to remove Fluorine”. It should be “to remove fluorine”.
Appropriate correction is required.
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 13 and 17 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 17 recites the limitation "the used neon gas" in line 3.
There is insufficient antecedent basis for this limitation in the claim.
Claim 13 recites “FTIR” in line 3. It is unclear what ‘FTIR’ referring to.
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.
Claim(s) 1-4, 11-12, 14-15, and 17 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Koura et al (US 2018033751; hereinafter Koura).
As regarding claim 1, Koura discloses the claimed invention for a system for recovering neon from used neon ([0018]; 1 of fig. 2B), the system comprising: a pretreatment component (13 of fig. 2B) operatively coupled to receive used neon gas from a system for producing UV light using neon ([0067] and [0181]); and a capture component ([0227]-[0228]; 14 of fig. 2B) operatively coupled to the pretreatment component.
As regarding claim 2, Koura discloses all of limitations as set forth above. Koura discloses the claimed invention for wherein the pretreatment component houses an absorbent media comprising one or more of alumina, modified alumina, zeolite, transition metal hydride, transition metal getter, silica gel, and/or activated carbon, the absorbent media configured to retain used neon gas contaminants ([0068] – transition metal getter (Cu), [0205], [0226]).
As regarding claim 3, Koura discloses all of limitations as set forth above. Koura discloses the claimed invention for wherein the pretreatment component is operatively configured with one or more of a membrane, cryogenic separation, and/or pressure swing sorption, each of which is configured to retain used neon gas contaminants ([0018]).
As regarding claim 4, Koura discloses all of limitations as set forth above. Koura discloses the claimed invention for wherein the capture component comprises a vacuum pump and/or a compressor ([0219], 141 of fig. 2B).
As regarding claim 11, Koura discloses all of limitations as set forth above. Koura discloses the claimed invention for a purification component (14) operatively engaged to receive neon released from the pretreatment component ([0018], [0020], [0067], [0132]-[0133], [0144], [0181], and [0223]).
As regarding claim 12, Koura discloses all of limitations as set forth above. Koura discloses the claimed invention for an analysis component (132 of fig. 2B) operatively aligned between the pretreatment component and the purification component, the analysis component configured to determine impurity concentrations ([0199]).
As regarding claim 14, Koura discloses all of limitations as set forth above. Koura discloses the claimed invention for capturing (13, 14) and/or compressing (141) components operatively engaged between the absorbent component and the analysis component ([0117]).
As regarding claim 15, Koura discloses all of limitations as set forth above. Koura discloses the claimed invention for wherein the purification component is configured to expose the neon retained on the absorbent component ([0021], [0068]).
As regarding claim 17, Koura discloses all of limitations as set forth above. Koura discloses the claimed invention for wherein the pretreating removes pretreatment component is configured to remove Fluorine from the used neon gas ([0030]).
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 13 is rejected under 35 U.S.C. 103 as being unpatentable over Koura et al (US 2018033751; hereinafter Koura) as applied supra, and further in view of Manginell et al (US 10197532; hereinafter Manginell).
As regarding claim 13, Koura discloses all of limitations as set forth above. Koura discloses the claimed invention except for wherein the analysis component is one or more of GC-PDHID (pulse discharged helium ionization detector), FTIR, CRDS (cavity ring down spectroscopy), and/or BGA (binary gas analyzer). It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention was made to provide wherein the analysis component is one or more of GC-PDHID (pulse discharged helium ionization detector), FTIR, CRDS (cavity ring down spectroscopy), and/or BGA (binary gas analyzer) in order to achieve ultra-sensitive, nearly universal, non-radioactive detection of trace impurities – including noble and halogen gases – making it far superior to regular GC detectors for high-purity gas monitoring in excimer laser system, since it was known in the art as shown in Manginell (col 5 ln 17-23).
Conclusion
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/DUNG H BUI/ Primary Examiner, Art Unit 1773