DETAILED ACTION
This office action is in response to the amendment filed on January 29, 2026. In accordance with this amendment, claims 1-5 have been amended.
Claims 1-6 remain pending, with claim 1 as the sole independent claim.
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 Objections
Claim 2 is objected to because of the following informalities: the typo “tow electrodes” should read “two electrodes.” Appropriate correction is required.
Claim Rejections - 35 USC § 112
Claim 2 is 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 2 recites the limitations “the two control electrodes” and “the tow (sic: two) electrodes” in the claim body. There is insufficient antecedent basis for this limitation in the claim. Claim 1 only recites one electrode (the “control electrode”), and thereof claim 2 is found vague / indefinite under the meaning of 35 U.S.C. 112(b).
Allowable Subject Matter
Claims 1 and 3-6 are allowed. Claim 1 is the sole pending independent claim and has been amended into condition for allowance in the paper as was filed on January 29, 2026.
The following is an examiner’s statement of reasons for allowance: the closest prior art of record (Okahashi US ‘997; Jaeger US ‘952; JP ‘385) does not expressly teach or reasonably suggest, in combination, each claim limitation as amended into independent claim 1 on January 29, 2026. In particular, the Examiner must consider the context of those amended features in view of the original specification and drawings (most notably Figs. 3, 5, and 6D). For these reasons, the Examiner is unable to present a prima facie case of obviousness for claim 1 as required under 35 U.S.C. 103. Claims 3-6 are also allowed at least as being in dependent claim form.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Response to Arguments
Applicant’s arguments, see amendment with remarks (pages 4-7), filed January 29, 2026, with respect to the amendments to at least independent claim 1, have been fully considered and are persuasive. Based on narrowing amendments of claim 1, all prior art rejections mailed on October 29, 2025 have been withdrawn. Claims 1 and 3-6 now serve to create a patentable distinction over the closest prior art of record.
However, the amendments to dependent claim 2 have been rejected herein under 35 U.S.C. 112(b). This claim 2 is vague and indefinite under the meaning of 35 U.S.C. 112(b), as is fully addressed above in section (4).
Inventorship
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Conclusion
THIS ACTION IS MADE FINAL. The finality is based on the amendments to change dependent claim 2 as filed, which are vague / indefinite under 35 U.S.C. 112(b). 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 Daniel Petkovsek whose telephone number is (571) 272-4174. The examiner can normally be reached M-F 7:30 - 6 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Uyen-Chau Le can be reached at (571) 272-2397. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DANIEL PETKOVSEK/Primary Examiner, Art Unit 2874 February 4, 2026