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 the Claims
Claims 1 – 12 have been amended prior to initial examination.
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.
Claims 1 – 12 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 recites the limitation “wherein the electrical lead is arranged at the side surface of the anode,” the claim previously recites the limitation “wherein the anode further comprises side surfaces extending from the first surface to the second surface.” It is unclear from the claim if the recited “side surface” of the first limitation is directed towards a single side surface of the plural side surfaces recited by the second limitation, or if the recited “side surface” is directed towards a different, or distinct side, surface newly recited by the claim.
A broad range or limitation together with a narrow range or limitation that falls within the broad range or limitation (in the same claim) may be considered indefinite if the resulting claim does not clearly set forth the metes and bounds of the patent protection desired. See MPEP § 2173.05(c). In the present instance, claim 4 recites the broad recitation “a width of between 10 mm and 50 mm,” and the claim also recites the ranges of “between 15 mm and 30 mm,” and “between 15mm and 20 mm,” which are the narrower statement of the range/limitation. The claim(s) are considered indefinite because there is a question or doubt as to whether the feature introduced by such narrower language is (a) merely exemplary of the remainder of the claim, and therefore not required, or (b) a required feature of the claims.
Regarding claim 2, the phrase "in particular" renders the claim indefinite because it is unclear whether the limitation(s) following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
Regarding claim 6, the phrase "preferably" renders the claim indefinite because it is unclear whether the limitation(s) following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
Claim 8 recites the limitation “an anode of the SIP module,” claim 8 is dependent from claim 1 which previously recites the limitation “wherein the SIP module comprises an anode.” It is unclear from the claim if the recited “an anode” is the anode of claim 1, or if the recited “an anode” is intended to introduce a new anode module which is a different, or distinct side, anode from that of claim 1.
Dependent claims not specifically rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite and are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for depending from a rejected claim.
Allowable Subject Matter
Claim 1 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
Claims 2, 6, and 8, would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Claim 1 recites the limitation “an electrical lead of the NEG module running from the first end to the second end of the SIP module,” and “wherein the electrical lead is arranged at the side surface of the anode.” GB 2592654, “Thierley,” discloses a vacuum pump comprising the structural arrangement of the independent claim, including a sputter ion pump module having a first end and a second end, a non-evaporable getter module connected to the second end of the sputter ion pump module, and an electrical lead of the non-evaporable getter module running from the first end to the second end of the sputter ion pump. US 2017/0345630, “Raman,” teaches an arrangement of a sputter ion pump module, useable with the device of Thierley, wherein the sputter ion pump module further comprises an anode having a first surface and an opposite second surface, wherein at least one cylindric opening extends from the first surface to the second surface, wherein the anode further comprises side surfaces extending from the first surface to the second surface. However, neither of Thierley, or Raman, either alone or in combination specifically disclose the claimed arrangement such that they render obvious “an electrical lead of the NEG module running from the first end to the second end of the SIP module,” and “wherein the electrical lead is arranged at the side surface of the anode” such as that shown by at least Figure 2 of the instant application.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
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/BENJAMIN DOYLE/Examiner, Art Unit 3746 2026.06.08
/MARK A LAURENZI/Supervisory Patent Examiner, Art Unit 3746 6/9/2026
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