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 .
Drawings
The drawings are objected to because the reference label “24” in figure 1 has been used to designate multiple features in figure 1, including: the first opening of the inlet tube (27), the first opening of the outlet tube (31) and a third feature proximate the main opening (26) in the main tube (21). Also, the reference label “25” has also been used to designate two different features (i.e., an opening in the main tube (21) and an opening in the outlet tube (31) in figure 1. Furthermore figure 6 is also objected to for the same reason of designating multiple features with the same reference label. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
The disclosure is objected to because of the following informalities: in the specification page 1, para [0001], updated the status of the parent application 16/828,373 as US Patent No. 11,931,809. Appropriate correction is required.
Claim Objections
Claim 6 is objected to because of the following informalities:
In claim 6, lines 2, it is suggested to replace “the main tube, and the outlet tube comprises a first opening and a second, wherein the connection” with -- the main tube, and the outlet tube comprises a first opening and a second opening, wherein the connection. Appropriate correction is required.
Claim Rejections - 35 USC § 102/103
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.
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 1-5 and 12-14 are rejected under 35 U.S.C. 102(a)(1)) as anticipated by or, in the alternative, under 35 U.S.C. 103 as obvious over Kubo et al. (US Patent No.
4,576,171).
Regarding claim 1, Kubo et al. teaches a method for producing very fine particles in a diameter range of about (0.2 to 1 micron, see column 1, lines 29-38), comprising: providing a main tube (i.e. sealed vessel 1, see figure 1 and column 1, line 60-column 2, line 65) that is closed at a bottom of the main tube (see in figure 1 the sealed vessel (1) has a closed bottom), and that comprises a sample position at the bottom for positioning a precursor material in the form of bismuth (see in figure 1 bismuth is positioned in the lower compartment 5, also abstract, column 1, lines 29-53 and column 1, line 60 -column 2, line 27) providing a main opening (i.e. the opening defining the upper compartment 4, see figure 1 and column 1, line 62-column 2, line 15) in the main tube (i.e., sealed vessel (1)), evaporating the precursor material (i.e. bismuth (10), figure 1 and abstract) by heating the precursor material by a heating device (i.e., heater 12, see column 2, lines 1-33 also see, column 1, lines 35-45 and abstract) that is in thermal contact with the main tube (see figure 1 shows the heater (12) and the sealed tube 1 in thermal contact), and providing a stream of a primary gas (i.e., inert gas such as argon or nitrogen by the tube 6, see figure 1 and column 2, lines 1-26 and column 3, lines 13-25) into the main tube (1, see figure 1) through an inlet channel (i.e., inlet pipe 6, figure 1, column 2, lines 1-26 and column 3, lines 13-25) which is arranged within the main tube (1, see figure 1), wherein a cross section of the main tube (1, see figure 1) at the sample position is smaller than at other positions of the main tube (see in figure 1, wherein the sample position containing bismuth has a rounded shape and therefore comprises a cross section that is smaller than at other positions of the main tube, thereby read on the limitation).
Kubo et al. does not expressly teach a method of producing nanoparticles, however teaches a method for producing fine particles of diameter ranging 0.2-1 micron, and further producing much more finer particles which would absent any evidence to the contrary would necessarily include nanoparticle by controlling the dilution of the bismuth vapor to a range 0.1 to 0.5 g of bismuth in a liter of the primary gas in the form of argon or nitrogen and lower (see column 2, lines 33-43).
Regarding claim 2, Kubo et al. teaches a method for producing very fine particles
in which a main direction of extension of the stream of primary gas (i.e., inert gas such as argon or nitrogen see column 2, lines 1-26 and column 3, lines 13-25) by the tube (6 see figure 1) is substantially parallel to the direction of the gravitational force (see figure 1) and therefore reads and/or meets the claimed requirement of and enclosed an angle of at least 0° and at most 45° with the direction of the gravitational force.
Regarding claim 3, Kubo et al. teaches a method in which at least a dilution is provided to the nanoparticles (see column 2, lines 38-43).
Regarding claim 4, Kubo et al. teaches a method in which an outlet tube (8, see figure 1 and column 2, lines 19-27) is connected to the main opening (i.e. the opening defining the upper compartment 4, see figure 1) of the main tube (i.e. sealed vessel 1, see figure 1), the outlet tube comprises a first opening and a second opening (see in figure 1 the vertical tube defines a T junction with two horizontal openings (8& 9), and for the primary dilution, a dilution gas in the form of air is provided to the first opening (9, for air supply for bismuth vapor dilution, see column 2, lines 23-26 and lines 38-43) of the outlet tube (8, see figure 1).
Regarding claim 5, Kubo et al. teaches a method in which at least a secondary
dilution by air is provided by a second opening defined by a tube 7 (see figure 1 and column 2, lines 10-17), thereby meeting the requirement of at least providing a secondary dilution.
Regarding claim 12, Kubo et al. teaches a method in which the precursor material comprises a metal that is bismuth (see abstract and column 2, lines 1-10).
Regarding claim 13, Kubo et al. teaches a method in which primary gas (i.e., inert gas such as argon or nitrogen see column 2, lines 1-26 and column 3, lines 13-25) is feed by the tube (6 see figure 1) at a controlled flow rate (see column 3, lines 13-20 and also see column 2, lines 5-10). It is noted that even though a controller is not expressly taught by Kubo et al., the mere feeding of said argon or nitrogen at a controlled flow rate adequately suggest the use of at least a flow rate controller. Kubo et al., therefore meets substantially all aspect of the claim.
Regarding claim 14, Kubo et al. teaches a method for producing very fine particles in a diameter range of about (0.2 to 1 micron, see column 1, lines 29-38), comprising: providing a main tube (i.e. sealed vessel 1, see figure 1 and column 1, line 60-column 2, line 65) that is closed at a bottom of the main tube (see in figure 1 the sealed vessel (1) has a closed bottom), and that comprises a sample position at the bottom for positioning a precursor material in the form of bismuth (see in figure 1 bismuth is positioned in the lower compartment 5, also abstract, column 1, lines 29-53 and column 1, line 60 -column 2, line 27) providing a main opening (i.e. the opening defining the upper compartment 4, see figure 1 and column 1, line 62-column 2, line 15) in the main tube (i.e., sealed vessel (1)), evaporating the precursor material (i.e. bismuth (10), figure 1 and abstract) by heating the precursor material by a heating device (i.e., heater 12, see column 2, lines 1-33 also see, column 1, lines 35-45 and abstract) that is in thermal contact with the main tube (see figure 1 shows the heater (12) and the sealed tube 1 in thermal contact), and providing a stream of a primary gas (i.e., inert gas such as argon or nitrogen by the tube 6, see figure 1 and column 2, lines 1-26 and column 3, lines 13-25) into the main tube (1, see figure 1) through an inlet channel (i.e., inlet pipe 6, figure 1, column 2, lines 1-26 and column 3, lines 13-25) which is arranged within the main tube (1, see figure 1), wherein a cross section of the main tube (1, see figure 1) at the sample position is smaller than at other positions of the main tube (see in figure 1, wherein the sample position containing bismuth has a rounded shape and therefore comprises a cross section that is smaller than at other positions of the main tube, thereby read on the limitation).
Kubo et al. does not expressly teach a method of producing nanoparticles, however teaches a method for producing fine particles of diameter ranging 0.2-1 micron, and further producing much more finer particles which would absent any evidence to the contrary would necessarily include nanoparticle by controlling the dilution of the bismuth vapor to a range 0.1 to 0.5 g of bismuth in a liter and lower (see
column 2, lines 33-43). Kubo et al. also teaches a method for producing very fine
particles in which a main direction of extension of the stream of primary gas (i.e., inert gas such as argon or nitrogen see column 2, lines 1-26 and column 3, lines 13-25) by the tube (6 see figure 1) is substantially parallel to the direction of the gravitational force (see figure 1) and therefore reads and/or meets the claimed requirement of and enclosed an angle of at least 0° and at most 45° with the direction of the gravitational force.
Allowable Subject Matter
Claims 6-11 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter: Kubo et al. differs from the instant claimed invention by failing to teach and/or adequately suggest:
As in claim 6: an outlet tube that is connected to a main opening of a main tube, and the outlet tube comprises a first opening and a second, wherein the connection of the outlet tube to the main tube is arranged between the first opening and the second opening of the outlet tube.
As in claim 7: an outlet channel that extends parallel to an inlet channel within a main tube and the outlet channel is connected with a main opening, and the outlet channel has the same length as the inlet channel along a main axis of extension of the main tube.
As in claim 8: inlet channel formed by an inlet tube that is arranged within a
main tube and extends further outside of a main tube, and the inlet tube extends
through an outlet tube.
As in claim 9: an outlet tube that is arranged within a main tube, and the outlet tube extends through an inlet channel.
As in claim 11: a main tube that is at least partially mounted within a holder and a sample position is arranged at a variable distance with respect to the holder.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Boies et al. (US 11,931,809), Lee et al. (US 8,388,725), Haag (US 10,544,046) and Komatsu et al. (US 10,427,220) are also cited in PTO-892.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHAEL ABOAGYE whose telephone number is (571)272-8165. The examiner can normally be reached 8:30AM-5:00PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Keith Hendricks can be reached at 571-272-1401. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/M.A/Examiner, Art Unit 1733
/JESSEE R ROE/Primary Examiner, Art Unit 1759
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