DETAILED ACTION
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 .
Status of Application
Claims 1-11 are pending. Claims 5-9 are withdrawn. Claims 1-4, 10 and 11 are presented for examination.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-4, 10 and 11 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Claim Rejections - 35 USC § 112(b)
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.
1. Claims 1-4, 10 and 11 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.
Claim 1 newly recites a third step of supplying the source in an undiluted state to the chamber. However, claim 1 also recites supplying a first source carrier gas to the source to supply the source to the vaporizer and also vaporizing the source based on a second source carrier gas supplied to the vaporizer. Therefore, the language of claim 1 is contradictory. Claim 1 both recites diluting the source with carrier gases and supplying that to the chamber but also recites supplying the source to the chamber in an undiluted state. It is impossible for the source to be both supplied to the chamber diluted with carrier gas and also supplied to the chamber in an undiluted state. Therefore, claim 1 is indefinite. Claims 2-4, 10 and 11 depend from claim 1 and are indefinite for the same reasons.
Conclusion
Claims 1-11 are pending.
Claims 5-9 are withdrawn.
Claims 1-4, 10 and 11 are rejected.
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 ROBERT S WALTERS JR whose telephone number is (571)270-5351. The examiner can normally be reached Monday-Friday 8-5.
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/ROBERT S WALTERS JR/
September 30, 2026Primary Examiner, Art Unit 1717
