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 .
Drawings
The drawings are objected to because the pole piece is not clearly annotated by a reference number that is properly described in the specification. It is being assumed that shell element (22) corresponds to the pole piece even though the specication does not clearly say so. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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 4, 7, 8-10 and 14 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 4 recites the limitation: the recession (79) has a size equal to the total size of the one or more magnets (78). It is unclear how the phrase “total size of the one or more magnets” should be interpreted since from the Figures it can be seen that the total size of the magnets (total volumetric size) greatly exceeds the size of the recession. At best, the recession has a perimeter that corresponds to a perimeter of the one or more magnets. For the purposes of examination, the phrase total size will be interpreted as perimeter.
Claim 7 recites the limitation: “wherein the at least one bracket element is connected to one of the side surfaces and wherein in particular to two opposing the side surfaces of the at least one magnet a bracket element is connected.” 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 7 recites “the broad recitation the at least one bracket element is connected to one of the side surfaces”, and the claim also recites “in particular to two opposing the side surfaces of the at least one magnet a bracket element is connected” which is 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.
Furthermore, the phrase “in particular to two opposing the side surfaces of the at least one magnet a bracket element is connected” appears to be grammatically incorrect and it is unclear what exactly “two opposing” refers to. Additionally, “a bracket element” is unclear since it is not known if this is corresponds to the at least one bracket element mentioned in parent claim 1 or is a different bracket element. For the purposes of examination, the phrase following “in particular” will not be considered.
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 8 recites the broad recitation “the at least one bracket element protrudes over the first surface of the magnet”, and the claim also recites “in particular by a length corresponding to the thickness of the at least one cathode element” which is 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. For the purposes of examination, the phrase following “in particular” will not be considered.
Claim 9 recites the limitation "the chamfer" in line 2. There is insufficient antecedent basis for this limitation in the claim.
Claim 10 recites the limitation "the surface of the cathode element" in line 2. There is insufficient antecedent basis for this limitation in the claim. Furthermore, it is unclear which surface of the cathode element is being referenced here.
Claim 14 recites the limitation "the vacuum" in line 2. There is insufficient antecedent basis for this limitation in the claim. Additionally, it is unclear where this vacuum is located with respect to the other claimed elements.
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.
Claim(s) 1-8 and 10-14 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kern et al. (herein Kern) (US 4,460,317).Regarding Claim 1:In Figures 1-5 Kern discloses a magnetic assembly for a sputter ion pump, SIP (ion pump disclosed in the abstract and shown in Figure 1 which comprises a sputter shield 62 indicating that it is a sputter ion pump), comprising: a pole piece (23 or 33), at least one magnet (22, 32) connected to the pole piece (23 or 33) by a magnetic force of the at least one magnet (as mentioned in column 2, lines 38-40: “magnets 22, 32 and their yokes 23, 33 are normally retained in position by magnetic forces.”), at least one cathode element (65) connected to the at least one magnet (via 12) and at least one bracket element (12) connected to the at least one magnet by the magnetic force of the at least one magnet (housing 12 forms magnet recesses 21, 31 indicating that it is a bracket element for retaining the magnets wherein normally the magnets are retained by magnetic force, see column 2, lines 38-40), wherein the at least one bracket (12) element fixes the position of the at least one cathode element (as mentioned in column 3, lines 26-35, the cathode 65 has a base portion 70 that is frictionally retained within the housing 12 by a clip 72 attached to the housing).Regarding Claim 2:In Figures 1-5 Kern discloses the magnetic assembly, wherein the pole piece (23 or 33) has a cylindric or semi-cylindric or part-cylindric shape (as seen in Figure 4, the two pole pieces 23 or 33 form a semi-cylindric or part-cylindric shape wherein these two pieces together for a cylindric shape).Regarding Claim 3:In Figures 1-5 Kern discloses the magnetic assembly, the pole piece (23, 33) has a recession (recess 24 or 34), wherein the at least one magnet (22, 32) is arranged in the recession (as seen in Figures 1 and 4 and mentioned in column 2, lines 29-33).Regarding Claim 4:In Figures 1-5 Kern discloses the magnetic assembly, wherein the recession (24 or 34) has a perimeter equal to the total perimeter of the one or more magnets (as seen in Figure 4 the perimeter or each recess 24 or 34 is equal to the perimeter of the corresponding magnet 22 or 32).Regarding Claim 5:In Figures 1-5 Kern discloses the magnetic assembly, wherein the at least one bracket element (12) covers at least partially a surface (surface depicted as 70 in Figure 2) of the at least one cathode element (65) facing away from the at least one magnet (as seen in Figure 2, the bracket element 12 has a radially inner curved surface that covers a radially outer curved surface 70 of the cathode 65 wherein this radially outer curved surface 70 faces away from the magnets 22 or 32).Regarding Claim 6: In Figures 1-5 Kern discloses the magnetic assembly, wherein the at least one magnet (22 or 32) has a first surface (surface of 22 or 32 received in the recesses 21 or 31 of the bracket element 12) facing towards the cathode element (as seen in Figure 2, each magnet 21 or 31 has a first surface facing towards cathode element portions 66 or 68) and side surfaces (each magnet has a cylindrical side surface and a back side surface contacting the pole piece).Regarding Claim 7: In Figures 1-5 Kern discloses the magnetic assembly, wherein the at least one bracket element (12) is connected to one of the side surfaces (as seen in Figures 1 and 4, the cylindrical side surface of each magnet 22 or 32 would connect to the bracket element at the recess 21 or 31 respectively). Regarding Claim 8: In Figures 1-5 Kern discloses the magnetic assembly, wherein the at least one bracket element (12) protrudes over the first surface (surface of 22 or 32 received in the recesses 21 or 31 of the bracket element 12) of the magnet (as seen in Figure 2, the bracket 12 protrudes over the first surface of each magnet in an axial direction to form the recesses 21 or 31). Regarding Claim 10: In Figures 1-5 Kern discloses the magnetic assembly, wherein the bracket element (12) is flush with the surface of the cathode element (as seen in Figure 2, the bracket element 12 is flush with the surface 70 of the cathode element 65).Regarding Claim 11: In Figures 1-5 Kern discloses the magnetic assembly, wherein no further fixing elements are present for holding the at least one cathode element and/or the at least one magnet in position (the magnets are held in position by magnetic force thereby not requiring any further fixing elements, see column 2, lines 38-40).Regarding Claim 12: In Figures 1-5 Kern discloses a vacuum pump (see abstract) comprising a sputter ion pump, SIP, module ion pump disclosed in the abstract and shown in Figure 1 which comprises a sputter shield 62 indicating that it is a sputter ion pump), comprising an anode (40) and at least one magnetic assembly according to claim 1 (see rejection of claim 1).Regarding Claim 13: In Figures 1-5 Kern discloses the vacuum pump (see abstract) wherein the SIP module comprises two or more magnet assemblies (two magnet assemblies denoted by 22, 23 and 32, 33, see Figure 4), wherein by the two or more magnet assemblies a cylindric shape of the SIP module is provided (as evident from Figures 1 and 4).Regarding Claim 14: In Figures 1-5 Kern discloses the vacuum pump (see abstract) wherein the magnetic assembly is located in the vacuum (at least the bracket element 12 forms the vacuum housing and so is partially located in the vacuum generated within the pump. General structure of these ion pumps including a vacuum housing corresponding to the bracket element 12 is disclosed in column 1, lines 4-12).
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kern et al. (herein Kern) (US 4,460,317) as evidenced by Kuriyama (US 5,461,538).Regarding Claim 8: In Figures 1-5 Kern discloses the magnetic assembly, wherein the at least one cathode element (65) comprises an edge (edge of 70 abutting the bracket 12), wherein the edge faces away from the magnet (faces away from the magnets as seen in Figure 2), wherein the bracket element (12) comprises a corresponding surface (inner surface of 12 that contacts 70, see Figure 2) facing towards the magnet (as seen in Figure 2), wherein the edge of the cathode element is in direct contact with the surface of the bracket element.
Kern fails to disclose that the edge of the cathode element is chamfered and contacts a corresponding chamfer of the bracket element.However, it is extremely well known in the art that chamfered surfaces can be mated with one another to provide a clamping force as well as restrain movement of elements with respect to one another. For instance, in Figure 15, Kuriyama discloses a cathode element (19”) with a chamfered edge (17e”) that contacts a corresponding chamfer (chamfer on 20) such that these elements are restrained from moving with respect to one another (see column 8, lines 59-67). Hence, based on common knowledge in the art and the evidence provided by Kuriyama, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the edge of Kern’s cathode element to be chamfered and to further modify the bracket to have a corresponding chamfer that mates with the chamfered edge to provide a restraining clamping force to retain the cathode securely in position with respect to the bracket.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US 6220821 – Ion pump with magnets, cathode and anode. US 3379365 - Magnetically confined ion getter pump.US 3994625 – Sputter ion pump with magnetically secured magnets.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DOMINICK L PLAKKOOTTAM whose telephone number is (571)270-7571. The examiner can normally be reached Monday - Friday 12 pm -8 pm ET.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Essama Omgba can be reached at 469-295-9278. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DOMINICK L PLAKKOOTTAM/Primary Examiner, Art Unit 3746
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