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 3 is rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the enablement requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to enable one skilled in the art to which it pertains, or with which it is most nearly connected, to make and/or use the invention.
As to claim 3, there is no explanation as to what “in a range of -37.5% or more and 37.5% of less with respect to a moving average section of a detected partial pressure” means. Such relates to Paragraphs 47 and 50 (Publication) which added time intervals (3.2, 1.2. 0.8 seconds), but those values could not be manipulated in any manner to arrive at 37.5% (not even, the 25%). As such, the 37.5% has no meaning; as a result, one of ordinary skill it unable to employ such. There is no explanation, and no example provides for any manner of either that that 37% is, or how to replicate it. There is no manner of experimentation that is apparent.
Claims 1-9 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.
As to claims 1,8,9, the phrase “delaying a response speed of the total pressure signal” is problematic, as the signals do-what-they-do, and speed of any signal by itself does not vary. Specification merely repeats such, and does not define the meaning of the phrase. It is not apparent to one of ordinary skill how such phrase otherwise be interpreted.
As to claim 7, “system using the concentration measurement device” (lines 4-5) is confusing because that same system (“system”, line 1) includes the concentration measuring device 5.
As to claim 7, “the starting material vaporization system using the concentration measurement device” (italics added, lines 4-5) is confusing because it’s not clear how the system (which is disclosed as including the device 5) can use the device 5? (How can an element use itself?)
As to claim 7, how does the term “using” (line 4) to be understood in the context of this claim? Is the term “using” merely a statement of intended use, resulting in the claim being substantively limited to “A starting material vaporization system … generated by vaporization” (lines 1-4), and nothing more? Is the system somehow configured to use the concentration measurement device of the system? Is the system even limited to include the structure of lines 11-last?
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Minami et al 2010/0108154 (listed 1449) teach (Para 66 and Figure 1) measuring total pressure 22 and partial pressure 21 to determine concentration of material gas. However, such does not suggest the “delayed” (claims 1,7 and 8) signal, in combination with remaining limitations of Applicant’s claims 1,7 and 8.
Orr 2008/0098795 (listed 1449) teach (Para 66 and Figure 1) measuring total pressure 14 and partial pressure 121 to determine concentration of material gas.
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/ROBERT R RAEVIS/ Primary Examiner, Art Unit 2855
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