DETAILED ACTION
Election/Restrictions
Applicant’s election without traverse of Group II, claims 4 and 5 in the reply filed on 08/25/2026 is acknowledged.
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.
Claims 4 and 5 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Sarode (2020/0185248).
Sarode teaches a susceptor comprising:
- a base substate having a gas flow path, see Fig. 5 and base 109 [0036], which the gas flow path depicted within,
- an insulating plate fixed on the base substrate and having a gas hole, see 107, including the gas hole that continues from the gas flow path,
- a bushing structure having a through hole that allows the gas flow path and the gas hole to communicate – see bushing 518, as depicted includes a through hole that provides passage for gases in the openings of both the base substrate and the insulating plate, wherein the bushing comprises a screw tap formed on an inner wall of the through hole – see where the threaded bushing surrounds probe housing [0036].
Regarding claim 5, the use of the screw tap in any particular manner is intended use of the apparatus. It has been held that claims directed to apparatus must be distinguished from the prior art in terms of structure rather than function. In re Danly, 263 F.2d 844, 847, 120 USPQ 528, 531 (CCPA 1959). Also, a claim containing a “recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus” if the prior art apparatus teaches all the structural limitations of the claim. Ex parte Masham, 2 USPQ2d 1647 (Bd. Pat. App. & Inter. 1987). In this case, the screw tap is present and the use of a tube structure is a use of the apparatus and not specifically required to meet the requirements of the apparatus.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOSEPH A MILLER, JR whose number is (571)270-5825 and fax is (571)270-6825. If attempts to reach the examiner by telephone are unsuccessful, the examiner's supervisor, Michael Cleveland, can be reached on 571-272-1418. The fax number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JOSEPH A MILLER, JR/ Primary Examiner, Art Unit 1712
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