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 .
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 1-10 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.
The term “rapidly releasing” in claim 1 is a relative term which renders the claim indefinite. The term “rapidly” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. How fast does the pressure have to be released for it to be considered rapidly? There is no value associated with rapidly so it is unclear what would be required to meet the claim limitation. The Examiner requests that the Applicant please clarify.
Claim 2 is indefinite because it is unclear what is meant by “replacing air inside the work chamber with an inert gas 2 to 3 times”. Is the Applicant purging the work chamber 2 to 3 times? Is the Applicant replacing the air inside the work chamber with inert gas, then allowing air to re-enter the work chamber and then replacing the air with inert gas a second/third time? The way the claim is written it would appear that the Applicant is replacing the air with inert gas, allowing air back in to the work chamber and then replacing the air again a second/third time. The Examiner requests that the Applicant please clarify this limitation.
Claim 8 is indefinite because it is unclear what is meant by “replacing air inside the work chamber with an inert gas 2 to 3 times”. Is the Applicant purging the work chamber 2 to 3 times? Is the Applicant replacing the air inside the work chamber with inert gas, then allowing air to re-enter the work chamber and then replacing the air with inert gas a second/third time? The way the claim is written it would appear that the Applicant is replacing the air with inert gas, allowing air back in to the work chamber and then replacing the air again a second/third time. The Examiner requests that the Applicant please clarify this limitation.
Allowable Subject Matter
Claims 1-10 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. Prior art was not found that taught or suggested the method as claimed that also included subsequently cooling the temperature inside the work chamber to room temperature for 200 to 280 minutes while rapidly releasing the pressure for 10 to 20 minutes.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ERIN B SAAD whose telephone number is (571)270-3634. The examiner can normally be reached Monday-Thursday 7:30a-6p.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Keith Walker can be reached at 571-272-3458. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/ERIN B SAAD/Primary Examiner, Art Unit 1735
Prosecution Insights