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 .
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 .
DETAILED ACTION
Claims 1-20 are pending in this application, which is a 371 of PCT/AT2022/060363. Amended claim 8 is noted.
The amendment dated 11/25/2025 has been entered. The examiner appreciates the amendment to the abstract, title, and claims. In view of said amendments, the objections to the abstract and title have been withdrawn. In addition, in view of the arguments presented on pp.9-10, the art rejection has been withdrawn. However, in view of an updated search, another art rejection is being proffered. The examiner regrets the inconvenience.
Claims 1-7, 13-17 are withdrawn from consideration as being directed to a nonelected invention.
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.
Claim 12 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Claim 12 is dependent on withdrawn apparatus claim 1 and thus is confusing.
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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 8-12, 18-20 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Steinmuller-Nethl et al. (2019/0226117).
Steinmuller-Nethl teaches a method for applying a carbon layer (title), in particular a diamond layer, to a substrate (2, 2a) by means of chemical vapour deposition, comprising a deposition chamber (3) into which a process gas, in particular molecular hydrogen and/or a mixture of molecular hydrogen and a carbon-containing gas, such as methane can be supplied, wherein a gas inlet and gas activation element (7) is provided in the form of a hollow body with a flow channel (7b) for the process gas, a wall (7a) surrounding the flow channel (7b), and an outlet opening (16) feeding from the flow channel (7b) into the deposition chamber (3), and a heating device (8) is provided for heating the wall (7a) of the gas inlet and gas activation element (7) (abstract). In one embodiment, the diamond can be doped with boron, phosphorus, nitrogen, or sulphur and which can be gaseous, solid, or liquid (0032). Thermal and impact excitation can be used (0010).
Regarding claim 9, Steinmuller-Nethl teaches boron (0032).
Regarding claim 10, Steinmuller-Nethl teaches boron and particles (0039-0042).
Regarding claim 11, Steinmuller-Nethl teaches over the entire length of the wall (0011).
Regarding claim 12, Steinmuller-Nethl teaches thermal and impact excitation (0010) and doping with solid boron (0032).
Regarding claim 18, Steinmuller-Nethl teaches boron and particles (0039-0042).
Regarding claim 19, Steinmuller-Nethl teaches carbon containing gas (0011).
Regarding claim 20, Steinmuller-Nethl teaches hydrogen (0011).
Desphandey et al. (4,961,958) teaches a process for making doped diamond films by reactive vapor deposition using gas activation and has been provided as relevant art.
Coe et al. (GB 2486778) teaches a process for making doped diamond films by chemical vapor deposition using an activated gas species and has been provided as relevant art.
Response to Arguments
Applicant’s arguments, see pp.10-11, filed 11/25/2025, with respect to the rejection(s) of the claims above have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Steinmuller-Nethl et al. (2019/0226117).
This application is NOT made final. The examiner regrets the inconvenience.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRET CHEN whose telephone number is (571)272-1417. The examiner can normally be reached M-F 8:30-8:30 MT.
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/BRET P CHEN/Primary Examiner, Art Unit 1718 02/18/2026