DETAILED CORRESPONDENCE
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 Amendment
Applicants’ submission of replacement drawing and Specification amendment, filed on 08/12/2026, is acknowledged. Applicants’ submission, filed on 08/12/2026, in response to claims 5-6 and 12-13 rejection from the non-final office action (05/12/2028) without claim amendment is entered and will be addressed below.
The examiner notices Applicants’ asserted amendment to the claims, to the drawing, Specification on page 1 of Remark. However, there is no specification and claim amendment submitted from paper of 08/12/2026 and the replacement drawing is incomplete, furthermore, it missed Fig. 3B.
The examiner tried to contact Applicants representative and left several messages since 08/24/2026. After several calls, the mail box is full and the examiner cannot reach Applicants’ representative to resolve the above issues.
Election/Restrictions
Claims 15-20 remain withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected Invention group II, there being no allowable generic or linking claim.
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference characters the “annular sealing ring 352” and “the dome 114” are pointing to the same component (Fig. 3B of 12/01/2023), inconsistent with Fig. 3A (of 08/12/2026).
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they include the following reference character(s) not mentioned in the description: “228” (Fig. 2C of 08/12/2026).
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference character “301” has been designated temperature control plate ([0042]), “the spacer layer” ([0049], [0050], [0052]), “the spacer plate 301” ([0049]).
The “seventh openings 233” is pointing to holes in both first frustoconical surface 225 and second frustoconical surface 227 while only the fifth openings 232 is on the first frustoconical surface 225 (Fig. 2A of 08/12/2026).
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the “first gas discharge passage” must be shown or the feature(s) canceled from the claim(s). No new matter should be entered. Also, “wherein the plurality of through passages open through the second end (220) between the first frustoconical surface and the second frustoconical surface (225 and 227)” of claims 6 and 13, this is inconsistent with Fig. 6 as currently depicted (see also 112(b) rejection below for “second end” issue).
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. 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.
The examiner also notices the “distal end 220” in Fig. 2A is located at the middle portion of the baffle 200, not at the “end” of the baffle. The “distal end 360) in Fig. 3A is at the middle of the manifold 300. The “annular sixth planar surface 327” (Fig. 3A) looks cylindrical instead of annular.
The examiner also considers “a plurality of fourth manifold bores 311, 312, and 313 (FIG. 4)” and “the arcuate openings 311, 312 and 333” ([0057]) is describing the same component (except typo 333 should be 313, note 333, [0049], is annular bore shown in Fig. 3A).
Specification
The disclosure is objected to because of the following informalities: The “A third manifold perimeter surface 321” ([0049]) is inconsistent and “the curved surface 321 of the baffle 200” ([0057], it seems this should be “the curved surface 221”).
The “to reach the third manifold facing surface 206 which forms the base surface of a source gas plenum 192 (FIG. 3C)” ([0043]) should be to reach the third manifold facing surface 206 which forms the base surface of a source gas plenum 192 (FIG. 3B)”.
Appropriate correction is required.
Claim Interpretations
As most of the claimed terms are drastically different than what was described in the Specification and drawing, and the drawing and Specification includes numerous inaccuracies, the examiner tried the best to match the label to each of the claimed terms, the label will be in the parenthesis below. Applicants are highly encouraged to supply their own list of claimed terms vs. labels.
The “at least a first frustoconical surface and a second frustoconical surface extending around the first frustoconical surface” of claim 1, around will be examined inclusive “near” or “about”, see OneLook.com.
Applicants’ Specification indicated that first frustoconical surface 225 … second frustoconical surface 227 ([0045]). The examiner will first show assigning this to the clam will lead to 112(a) disclosure issues. The examiner will then show the interpretation “at least a first frustoconical surface (227) and a second frustoconical surface (225) extending around the first frustoconical surface” is more consistent with the Specification.
Interpretation (1), based on “at least a first frustoconical surface (225) and a second frustoconical surface (227) extending around the first frustoconical surface”:
The “a first gas feed passage (257a) extending inwardly of the body from the proximal end thereof, the first gas feed passage terminating at a first passage distal end disposed inwardly of the body;
at least one first gas discharge passage (232a) extending from the distal end of the first gas feed passage (257a) and opening (232) through the first frustoconical surface (225);
at least one second gas feed passage (250a) extending inwardly of the body from the proximal end thereof, the second gas passage terminating at a second gas passage distal end disposed inwardly of the body and fluidly isolated from the first gas feed passage (257a);
a second gas discharge passage (233a) extending from the second gas passage distal end and opening (233) through the second frustoconical surface (227); and
a third gas discharge passage (260a) extending from the second gas discharge passage (233a) and opening (230) through the outer surface of the body at a location between the proximal end and the distal end of the body”, as Fig. 5 shows the passage 260a (not explained in the Specification) is connected to 232a, the bold faced portion would have a new matter issue.
Interpretation (2), based on “at least a first frustoconical surface (227) and a second frustoconical surface (225) extending around the first frustoconical surface”:
The “a first gas feed passage (250a) extending inwardly of the body from the proximal end thereof, the first gas feed passage terminating at a first passage distal end disposed inwardly of the body;
at least one first gas discharge passage (233a) extending from the distal end of the first gas feed passage (250a) and opening (233) through the first frustoconical surface (227);
at least one second gas feed passage (257a) extending inwardly of the body from the proximal end thereof, the second gas passage terminating at a second gas passage distal end disposed inwardly of the body and fluidly isolated from the first gas feed passage (250a);
a second gas discharge passage (232a) extending from the second gas passage distal end and opening (232) through the second frustoconical surface (225); and
a third gas discharge passage (260a) extending from the second gas discharge passage (232a) and opening (230) through the outer surface of the body at a location between the proximal end (210) and the distal end (220) of the body”. Applicants Specification and drawing does not disclose what the gas passage distal end and how the discharge passage is connected to each of the gas passage distal end. Although Figs. 5 and 6 show the 233a have an less than 180 degree angle relative to 250 and differ in diameter, claim 1 include the gas passage and the discharge passage being at a straight line and having the same diameter based on BRI.
The “a plurality of through passages” is considered as openings 235.
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 5-6 and 12-13 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.
Claims 5-6 and 12-13 each recites “the second end of the body”, there is no antecedent basis of this limitation.
Claims 5-6 and 12-13 will be examined inclusive “the distal end of the body”.
Allowable Subject Matter
Claims 1-4, 7-11, and 14 are allowed.
Assuming the examiner’s interpretation (2) is correct, the following is a statement of reasons for the indication of allowable subject matter: US 20060196603 has two frustoconical surfaces and opening at both frustoconical surfaces (Fig. 5C). Applicants submitted IDS, CN 220106445 teaches a single frustoconical surface (Fig. 3). US 7758698 (Fig. 2A), US 20050167529 (Fig.1 A), and US 20160145743 (Fig. 2A) each teaches a single frustoconical surface (Fig.1 A). None of these references teaches “a third gas discharge passage extending from the second gas discharge passage and opening through the outer surface of the body at a location between the proximal end and the distal end of the body” in the context of claims 1 and 8.
Response to Arguments
Applicant's arguments filed 08/12/2026 have been fully considered but they are not persuasive.
Applicants argument is merely stating the status of the claims in the previous OC. Likewise, the Specification (one page) is also a summary of the specification objection. No claim amendment is filed.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KEATH T CHEN whose telephone number is (571)270-1870. The examiner can normally be reached 8:30am-5:00 pm.
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, Parviz Hassanzadeh can be reached at 571-272-1435. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/KEATH T CHEN/ Primary Examiner, Art Unit 1716
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