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 § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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) 1,4-7,11-13 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by JP ‘301 JP,2020-145301,A, as cited on the IDS.
Re claim 1, JP ‘301 teach a temperature control unit that controls a temperature of a gas valve (17, “switching valve, para 20), wherein the gas valve includes a flow path (12, 13, 14) block inside which a gas flow path is formed and a process gas flows in the gas flow path, the temperature control unit comprising: a heat sink (1613) attached to a lower surface of the flow path block of the gas valve (fig 2, right side of 12 being a lower surface in fig 5 orientation);
and a housing (3 block) installed below the flow path block (relative to fig 5 orientation), attached to the lower surface of the flow path block to cover the heat sink, and including an introduction port (annotated fig) installed on a first surface of the housing, an exhaust port (32b) installed on a second surface of the housing and a space (31 of 30) inside the housing, wherein the space is outside the heat sink and the flow path block, and is located between the heat sink and the housing (between approximately 1/3 out an outer portion of the housing and the heat sink) and below the flow path block,
wherein the introduction port is configured to introduce a temperature control fluid different from the process gas into the space located below the flow path block, and wherein the exhaust port is configured to exhaust the temperature control fluid to outside the space (para 8, 11, claim 1).
Noting that according to the Merriam-Webster dictionary, the plain meaning of ‘housing’ is
3
: something that covers or protects: such as
a
: a case or enclosure (as for a mechanical part or an instrument)
b
: a casing (such as an enclosed bearing) in which a shaft revolves
c
: a support (such as a frame) for mechanical parts
For clarity, the recitation “…located below …”, “installed below” etc has been considered a recitation of intended use. It has been held that the recitation with respect to the matter in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus satisfying the claimed structural limitations. See MPEP 2114. In the instant case, the prior art meets all of the structural limitations, and is therefore capable of performing the claimed recitations set forth above. It is noted the orientation below depends on the orientation and installation of the device, and a patentability would not depend on whether or not the apparatus is tilted to a side for the moment, etc, ; nevertheless, all of the structure meet the “below” limitations in the fig 5.
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Re claim 4, JP ‘301 teach further comprising: a heat conductive member (171, or external housing of 17 valve) provided between the gas valve and the heat sink.
Re claim 5, JP ‘301 teach wherein the temperature control fluid is compressed air (noting no new structure claimed).
Additionally noting that for clarity, the recitation “the temperature control fluid is compressed air” has been considered a recitation of intended use. It has been held that the recitation with respect to the matter in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus satisfying the claimed structural limitations. See MPEP 2114. In the instant case, the prior art meets all of the structural limitations, and is therefore capable of performing the claimed recitations set forth above. Furthermore, the examiner notes that the inclusion of material or article worked upon by a structure being claimed does not impart patentability to the claims. See MPEP 2115. Finally, the intended fluid used in the apparatus to perform the intended function does not affect the patentability of the apparatus, since the apparatus is capable of using said intended fluid. See MPEP 2144.07.
Re claim 6, JP ‘301 teach wherein the temperature control fluid is cold air generated from compressed air by a jet cooler (noting no new structure claimed).
Additionally noting that for clarity, the recitation “the temperature control fluid is cold air generated from compressed air by a jet cooler” has been considered a recitation of intended use. It has been held that the recitation with respect to the matter in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus satisfying the claimed structural limitations. See MPEP 2114. In the instant case, the prior art meets all of the structural limitations, and is therefore capable of performing the claimed recitations set forth above. Furthermore, the examiner notes that the inclusion of material or article worked upon by a structure being claimed does not impart patentability to the claims. See MPEP 2115. Finally, the intended fluid used in the apparatus to perform the intended function does not affect the patentability of the apparatus, since the apparatus is capable of using said intended fluid. See MPEP 2144.07.
For clarity, the recitation “…the temperature control fluid is cold air generated from compressed air by a jet cooler …” has been considered a recitation of intended use. It has been held that the recitation with respect to the matter in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus satisfying the claimed structural limitations. See MPEP 2114. In the instant case, the prior art meets all of the structural limitations, and is therefore capable of performing the claimed recitations set forth above.
The recitation of “cold air generated from compressed air by a jet cooler” is considered to be a product-by-process limitation. In product-by-process claims, “once a product appearing to be substantially identical is found and a 35 U.S.C. 102/103 rejection [is] made, the burden shifts to the applicant to show an unobvious difference.” MPEP 2113. This rejection under 35 U.S.C. 102/103 is proper because the “patentability of a product does not depend on its method of production.”
Re claim 7, JP ‘301 teach wherein the gas valve is heated by a heater (para 9).
For clarity, the recitation “…is heated by …” has been considered a recitation of intended use. It has been held that the recitation with respect to the matter in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus satisfying the claimed structural limitations. See MPEP 2114. In the instant case, the prior art meets all of the structural limitations, and is therefore capable of performing the claimed recitations set forth above.
Re claim 11, see the rejection of claim 5.
Re claim 12, see the rejection of claim 6.
Re claim 13, see the rejection of claim 7.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Additionally and alternatively:
Claim(s) 6-7 and 12-13 is/are rejected under 35 U.S.C. 103 as being unpatentable over JP ‘301 JP,2020-145301,A, as cited on the IDS in view of CULPEPPER US 3304722 A.
Re claim 6, CULPEPPER teach the temperature control fluid is cold air generated from compressed air by a jet cooler (claims 1-2) to provide a source of cooling air
It would have been obvious to one of ordinary skill in the art at the time the invention was made to include cooling air details as taught by CULPEPPER in the JP ‘301 invention in order to advantageously allow for various intended use possibilities with cooling air.
Re claim 7, JP ‘301 teach wherein the gas valve is heated by a heater (para 9).
Re claim 12, CULPEPPER teach the temperature control fluid is cold air generated from compressed air by a jet cooler (claims 1-2) to provide a source of cooling air
It would have been obvious to one of ordinary skill in the art at the time the invention was made to include cooling air details as taught by CULPEPPER in the JP ‘301invention in order to advantageously allow for various intended use possibilities with cooling air.
Re claim 13, JP ‘301 teach wherein the gas valve is heated by a heater (para 9).
Response to Arguments
Applicant’s arguments with respect to claim(s) 1, 4-7, 11-13 and 15 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.
Conclusion
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.
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/GORDON A JONES/ Examiner, Art Unit 3763