DETAILED ACTION
Claims 1-14 are pending.
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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 2/25/2026 has been entered.
Response to Arguments
Applicant’s arguments, filed 2/25/26, have been fully considered but are not persuasive.
Applicant’s arguments with regard to the rejection under 35 U.S.C. § 103 (pages 7-10) are moot in view of the new combination of references used to reject the claims. Also note that Thompson is no longer cited.
For at least these reasons, the rejection of the claims is maintained.
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 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 of this title, 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 set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied 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.
Claim(s) 1, 3, 5, 7 and 13-14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ohmi et al. U.S. Patent Publication No. 20060236781 (hereinafter Ohmi) in view of Yoshida et al. U.S. Patent Publication No. 20130248159 (hereinafter Yoshida).
Regarding claim 1, Ohmi teaches a fluid control device unit [0140-0141, Figs. 7-8 — a whole block diagram of a differential pressure type flowmeter according to the fourth embodiment. Referring to FIG. 7, 10 designates the No. 1 switching valve (NC type), 11 the No. 2 switching valve (NC type), a a gas inlet side, b a gas outlet side, 1' the No. 1 orifice (for a small quantity), 1'' the No. 2 orifice (for a large quantity), 5' the No. 1 control computation circuit, and 5'' the No. 2 control computation circuit. Namely, a differential pressure type flow controller for a small flow quantity side (i.e., a flow rate range of 10-100 sccm) is formed with the No. 1 orifice 1, the No. 1 computation circuit 5' and the like, and a differential pressure type flow controller for a large flow quantity side (i.e., a flow rate range of 100-1000 sccm) is formed with the No. 2 orifice 1', the No. 2 computation circuit 5'' and like. Therefore, highly accurate measurements of a flow rate can be achieved over the wide flow rate range of 1000 sccm (100%)-10 sccm (1%) with errors of less than 1 (% SP) by using both differential pressure type flow controllers.] comprising:
a block body having an internal flow path through which a fluid flows [0144-0148, Fig. 8 — body 12 made of stainless steel is formed by hermetically assembling a gas inlet element 12a, a gas outlet element 12b, the No. 1 body element 12c and the No. 2 body element 12d… a fluid passage 16, there is made an orifice 1' for a small flow quantity, and on a fluid passage 16a (or 16b), there is made an orifice 1'' for a large flow quantity.],
a flow rate measurement mechanism measuring a flow rate of the fluid flowing through the internal flow path, wherein a portion of the flow rate measurement mechanism is provided in the block body [0141-0145, Fig. 7-8 — a differential pressure type flow controller for a small flow quantity side (i.e., a flow rate range of 10-100 sccm) is formed with the No. 1 orifice 1, the No. 1 computation circuit 5'… a pressure detector 2 on the upstream side of an orifice and a pressure detector 3 on the downstream side of an orifice in the block body; 0111-0117, Fig. 1 — a basic block diagram of a differential pressure type flowmeter according to the first embodiment of the present invention. The said differential pressure type flowmeter comprises an orifice 1, an absolute pressure type pressure detector on the upstream side of an orifice 2, an absolute pressure type pressure detector on the downstream side of an orifice 3, a gas absolute temperature detector on the upstream side of an orifice 4, a control computation circuit 5… With the differential pressure type flowmeter according to the present invention, a gas flow rate Q passing through an orifice 1 under differential pressure conditions… is computed by an empirical flow rate equation — describes how the flow rate measurement is performed for Figs. 7-8]; and
a fluid resistance element disposed in the internal flow path, wherein the fluid resistance element includes: a flow path forming member and having one or a plurality of resistance flow paths [0144-0152, Fig. 8 — body 12 made of stainless steel is formed by hermetically assembling a gas inlet element 12a, a gas outlet element 12b, the No. 1 body element 12c and the No. 2 body element 12d… a fluid passage 16, there is made an orifice 1' for a small flow quantity, and on a fluid passage 16a (or 16b), there is made an orifice 1'' for a large flow quantity… a gas flows out from a gas outlet b through a passage 16a, a passage 16e, an orifice 1' for a small flow quantity (fluid resistance element)].
But Ohmi fails to clearly specify that the fluid resistance element includes: a flow path forming member made of ceramic and having one or a plurality of resistance flow paths; and a covering member that is made of metal and covers an outer peripheral face of the flow path forming member, and has a cylindrical shape, the fluid resistance element is fixed such that an outer peripheral surface of the cylindrical shape of the covering member is in contact with an inner wall surface of the body forming the internal flow path along an entire cylindrical length of the covering member, and the covering member has a hardness lower than a hardness of the flow path forming member.
However, Yoshida teaches that the fluid resistance element includes: a flow path forming member made of ceramic and having one or a plurality of resistance flow paths [0051, Figs. 1-5 — a hollow ceramic pipe having only the outer peripheral wall 7]; and a covering member that is made of metal and covers an outer peripheral face of the flow path forming member, and has a cylindrical shape [0042-0074, Figs. 1-5 — the intermediate member 13 has a cylindrical/columnar shape, covers the outer face of the hollow ceramic pipe 7, has a constant cross section and is made of … a metal sheet.], the fluid resistance element is fixed such that an outer peripheral surface of the cylindrical shape of the covering member is in contact with an inner wall surface of the body forming the internal flow path along an entire cylindrical length of the covering member [0042-0074, Figs. 1-5 — metal intermediate member 13 is in contact with the ceramic pipe having only the outer peripheral wall 7 and the circular metal pipe 12 along the entire length of intermediate member 13], and the covering member has a hardness lower than a hardness of the flow path forming member [0042-0074, Figs. 1-5 — the intermediate member 13 has a cylindrical/columnar shape, covers the outer face of the hollow ceramic pipe 7, has a constant cross section and is made of … a metal sheet... As the metal constituting the metal sheet, Au, Ag, Cu, Al, and the like can be mentioned… or the cylindrical ceramic body 11, it is preferable to use a ceramic having excellent heat resistance. In particular, if heat conductance is considered, the main component is preferably SiC (silicon carbide) having high heat conductance — Note that hardness is a basic physical property of a material and the hardness of copper (Cu) (covering member of Yoshida) is necessarily lower than that of silicon carbide (ceramic pipe of Yoshida), see for example Sijben U.S. Patent Publication No. 20090079525 that states ‘The (Knoop 100 g) hardness of SiC and SiSiC is 2800 Kg/mm.sup.2 corresponding to a Moh's hardness of 9-10… Copper has a Moh's hardness of about 3-5 which means it is much softer than the above mentioned Silicon Carbides’ (0041)].
Ohmi and Yoshida are analogous art. They relate to fluid measurement/control/management systems, particularly involving flow paths/tubing.
Therefore before the effective filing date of the claimed invention, it would have been obvious to a person of ordinary skill in the art to simply substitute the known fluid resistance element arranged in an internal flow path, as taught by Yoshida, for the known fluid resistance member arranged in an internal flow path, as taught by Ohmi, for the predictable result of a fluid control device with a ceramic fluid resistance element arranged in an internal flow path, as specified by Yoshida. In addition, it would have been obvious to a person of ordinary skill in the art to substitute the ceramic fluid resistance element of Yoshida for the fluid resistance member of Ohmi to improve adhesion, as taught by Yoshida [0043-0045].
Regarding claim 3, the combination of Ohmi and Yoshida teaches all the limitations of the base claims as outlined above.
Further Yoshida teaches that an entire outer peripheral face of the flow path forming member is covered with the covering member [0042-0074, Figs. 1-5 — the intermediate member 13 has a cylindrical/columnar shape, covers the outer face of the hollow ceramic pipe 7, has a constant cross section and is made of … a metal sheet... As the metal constituting the metal sheet, Au, Ag, Cu, Al, and the like can be mentioned].
Therefore before the effective filing date of the claimed invention, it would have been obvious to a person of ordinary skill in the art to simply substitute the known fluid resistance element, as taught by Yoshida, for the known fluid resistance member, as taught by Ohmi, for the predictable result of a fluid control device with a ceramic fluid resistance element as specified by Yoshida. Furthermore, it would be obvious to cover the entire outer face improve adhesion over the whole ceramic surface.
Regarding claim 5, the combination of Ohmi and Yoshida teaches all the limitations of the base claims as outlined above.
Further, Ohmi teaches the fluid control device unit [0140-0141, Figs. 7-8 — a whole block diagram of a differential pressure type flowmeter according to the fourth embodiment. Referring to FIG. 7, 10 designates the No. 1 switching valve (NC type), 11 the No. 2 switching valve (NC type), a a gas inlet side, b a gas outlet side, 1' the No. 1 orifice (for a small quantity), 1'' the No. 2 orifice (for a large quantity), 5' the No. 1 control computation circuit, and 5'' the No. 2 control computation circuit. Namely, a differential pressure type flow controller for a small flow quantity side (i.e., a flow rate range of 10-100 sccm) is formed with the No. 1 orifice 1, the No. 1 computation circuit 5' and the like, and a differential pressure type flow controller for a large flow quantity side (i.e., a flow rate range of 100-1000 sccm) is formed with the No. 2 orifice 1', the No. 2 computation circuit 5'' and like. Therefore, highly accurate measurements of a flow rate can be achieved over the wide flow rate range of 1000 sccm (100%)-10 sccm (1%) with errors of less than 1 (% SP) by using both differential pressure type flow controllers] further comprising:
an upstream pressure sensor and a downstream pressure sensor provided on an upstream side and a downstream side, respectively, of the fluid resistance element in the internal flow path [0140-0145, Fig. 7-8 — 1' the No. 1 orifice (for a small quantity), 1'' the No. 2 orifice (for a large quantity… a differential pressure type flow controller for a small flow quantity side (i.e., a flow rate range of 10-100 sccm) is formed with the No. 1 orifice 1 (fluid resistance element), the No. 1 computation circuit 5'… a pressure detector 2 on the upstream side of an orifice and a pressure detector 3 on the downstream side of an orifice in the block body; 0111-0117, Fig. 1 — a basic block diagram of a differential pressure type flowmeter according to the first embodiment of the present invention. The said differential pressure type flowmeter comprises an orifice 1, an absolute pressure type pressure detector on the upstream side of an orifice 2, an absolute pressure type pressure detector on the downstream side of an orifice 3, a gas absolute temperature detector on the upstream side of an orifice 4, a control computation circuit 5… With the differential pressure type flowmeter according to the present invention, a gas flow rate Q passing through an orifice 1 under differential pressure conditions… is computed by an empirical flow rate equation — describes how the flow rate measurement is performed for Figs. 7-8].
Regarding claim 7, the combination of Ohmi and Yoshida teaches all the limitations of the base claims as outlined above.
Further, Ohmi teaches a flow rate calculation circuit that calculates the flow rate of the fluid flowing through the internal flow path, wherein a measured flow rate calculated by the flow rate calculation circuit is a predetermined target flow rate [0156, Fig. 10 — s the first embodiment of a differential pressure type flow controller according to the present invention. The aforementioned differential pressure type flowmeter shown in FIG. 1 is equipped with a control valve 21 and a valve driving part 22, and a control computation circuit 5 is equipped with a flow rate comparison circuit 5g whereat a flow rate difference A Q between a set flow rate Qs inputted from the outside and the computed flow rate Q computed with a flow rate computation circuit 5a is computed, thus the said flow rate difference .DELTA.Q being inputted to a valve driving part 22 as a control signal. With this performance, a control valve 21 is operated so that the aforementioned flow rate difference .DELTA.Q is moved toward a zero direction, thus the gas flow rate passing through an orifice 1 being controlled to be a set flow rate Qs (target flow rate); 0141-0145, Fig. 7-8 — a differential pressure type flow controller for a small flow quantity side (i.e., a flow rate range of 10-100 sccm) is formed with the No. 1 orifice 1, the No. 1 computation circuit 5'… a pressure detector 2 on the upstream side of an orifice and a pressure detector 3 on the downstream side of an orifice in the block body; 0111-0117, Fig. 1 — a basic block diagram of a differential pressure type flowmeter according to the first embodiment of the present invention. The said differential pressure type flowmeter comprises an orifice 1, an absolute pressure type pressure detector on the upstream side of an orifice 2, an absolute pressure type pressure detector on the downstream side of an orifice 3, a gas absolute temperature detector on the upstream side of an orifice 4, a control computation circuit 5… With the differential pressure type flowmeter according to the present invention, a gas flow rate Q passing through an orifice 1 under differential pressure conditions… is computed by an empirical flow rate equation — describes how the flow rate measurement is performed for Figs. 7-8].
Regarding claim 13, the combination of Ohmi and Yoshida teaches all the limitations of the base claims as outlined above.
Further, Ohmi teaches the internal flow path is straight [0144-0148, Fig. 8 — body 12 made of stainless steel is formed by hermetically assembling a gas inlet element 12a, a gas outlet element 12b, the No. 1 body element 12c and the No. 2 body element 12d… a fluid passage 16 (internal flow path), there is made an orifice 1' for a small flow quantity, and on a fluid passage 16a (or 16b), there is made an orifice 1'' for a large flow quantity — cf. Fig. 2 of the instant application that shows a straight flow path proximate to the restriction].
Regarding claim 14, the combination of Ohmi and Yoshida teaches all the limitations of the base claims as outlined above.
Further, Yoshida teaches the fluid resistance element has a columnar shape [0042-0074, Figs. 1-5 — the fluid resistance element shown has a columnar shape has a cylindrical/columnar shape].
Therefore before the effective filing date of the claimed invention, it would have been obvious to a person of ordinary skill in the art to simply substitute the known fluid resistance element, as taught by Yoshida, for the known fluid resistance member, as taught by Ohmi, for the predictable result of a fluid control device with a ceramic fluid resistance element as specified by Yoshida.
Claim(s) 2 is/are rejected under 35 U.S.C. 103 as being unpatentable over the combination of Ohmi and Yoshida in view of Licnit et al. U.S. Patent No. 4484472 (hereinafter Licnit).
Regarding claim 2, the combination of Ohmi and Yoshida teaches all the limitations of the base claims as outlined above.
Further Yoshida teaches the flow path forming member has a columnar shape, and the covering member has the cylindrical shape into which the flow path forming member is fitted [0042-0074, Figs. 1-5 — the intermediate member 13 has a cylindrical/columnar shape, covers the outer face of the hollow ceramic pipe 7 that has a columnar shape, has a constant cross section and is made of … a metal sheet... As the metal constituting the metal sheet, Au, Ag, Cu, Al, and the like can be mentioned].
Therefore before the effective filing date of the claimed invention, it would have been obvious to a person of ordinary skill in the art to simply substitute the known fluid resistance element, as taught by Yoshida, for the known fluid resistance member, as taught by Ohmi, for the predictable result of a fluid control device with a ceramic fluid resistance element as specified by Yoshida. In addition, it would have been obvious to a person of ordinary skill in the art to substitute the ceramic fluid resistance element of Yoshida for the fluid resistance member of Ohmi to improve adhesion, as taught by Yoshida [0043-0045].
But the combination of Ohmi and Yoshida fails to clearly specify that a flow path forming member is fitted with a fitting tolerance.
However, Licnit teaches that a flow path forming member is fitted with a fitting tolerance [col. 6 lines 1-16, Figs. 1-2 — It is preferred that opening 42 have a close tolerance, sliding fit with the outer surface of the end of tube 33 so that opening 42 positively receives and locates the tube in concentric relation with the bushing.].
Ohmi, Yoshida and Licnit are analogous art. They relate to fluid measurement/control/management systems, particularly involving flow paths/tubing.
Therefore before the effective filing date of the claimed invention, it would have been obvious to a person of ordinary skill in the art to utilize a fitting tolerance to assure an acceptable fit between the elements, as suggested by Licnit [col. 6 lines 1-16].
Claim(s) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over the combination of Ohmi and Yoshida in view of Kamahori et al. U.S. Patent Publication No. 20070231882 (hereinafter Kamahori).
Regarding claim 4, the combination of Ohmi and Yoshida teaches all the limitations of the base claims as outlined above.
But the combination of Ohmi and Yoshida fails to clearly specify that an aspect ratio that is a ratio of a length dimension to a diameter dimension of each of one or plurality of resistance flow paths is 200 or more.
However, Kamahori teaches that an aspect ratio that is a ratio of a length dimension to a diameter dimension of each of one or plurality of resistance flow paths is 200 or more [0030 — When the volume to be injected is 1 µL or less, the pressure type liquid transfer apparatus using a capillary in a resistance tube is desirable. For example, in a case where the volume to be injected is 0.2 µL, injection can be performed with accuracy under conditions of pressure of 2 atmosphere and a pressing time of 2 seconds by using a flow control capillary having an inner diameter of 25 µm and a length of 20 mm (a ratio of 800)].
Ohmi, Yoshida and Kamahori are analogous art. They relate to fluid measurement/control/management systems, particularly involving flow paths/tubing.
Therefore before the effective filing date of the claimed invention, it would have been obvious to a person of ordinary skill in the art to simply substitute the known high aspect ratio flow path, as taught by Kamahori, for the flow path, as taught by the combination of Ohmi and Yoshida, for the predictable result of a fluid resistance element having a flow path with an aspect ratio of 200 or more. In addition, it would have been obvious to a person of ordinary skill in the art to modify the above fluid resistance element, as taught by Yoshida, by incorporating the above limitations, as taught by Kamahori, in order to improve accuracy when processing small volumes of fluid, as suggested by Kamahori [0030].
Claim(s) 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over the combination of Ohmi and Yoshida in view of Yasuda U.S. Patent Publication No. 20130087230 (hereinafter Yasuda2013).
Regarding claim 6, the combination of Ohmi and Yoshida teaches all the limitations of the base claims as outlined above.
Further, Ohmi teaches a sensor flow path that connects an upstream side and a downstream side of the internal flow path; an upstream element and a downstream element provided in the sensor flow path [0140-0145, Fig. 7-8 — 1' the No. 1 orifice (for a small quantity), 1'' the No. 2 orifice (for a large quantity… a differential pressure type flow controller for a small flow quantity side (i.e., a flow rate range of 10-100 sccm) is formed with the No. 1 orifice 1 (fluid resistance element), the No. 1 computation circuit 5'… a pressure detector 2 on the upstream side of an orifice and a pressure detector 3 on the downstream side of an orifice in the block body; 0111-0117, Fig. 1 — a basic block diagram of a differential pressure type flowmeter according to the first embodiment of the present invention. The said differential pressure type flowmeter comprises an orifice 1, an absolute pressure type pressure detector on the upstream side of an orifice 2, an absolute pressure type pressure detector on the downstream side of an orifice 3, a gas absolute temperature detector on the upstream side of an orifice 4, a control computation circuit 5… With the differential pressure type flowmeter according to the present invention, a gas flow rate Q passing through an orifice 1 under differential pressure conditions… is computed by an empirical flow rate equation — describes how the flow rate measurement is performed for Figs. 7-8].
But the combination of Ohmi and Yoshida fails to clearly specify an upstream electric resistance element and a downstream electric resistance element provided in the sensor flow path.
However, Yasuda2013 teaches an upstream electric resistance element and a downstream electric resistance element provided in the sensor flow path [0069-0071, Figs. 4-6 — pressure sensor 21, 22 comprises, as shown in FIGS. 4-6, a flat body member 2A and an element for detecting pressure 2B… The element for detecting pressure 2B uses four equivalent electric resistance elements; 0057, Fig. 3 — The mass flow controller 10 comprises, as shown in its fluid circuit diagram in FIG. 3 and in its perspective view in FIG. 4, a body 1 having an internal flow channel 1a where the fluid flows, a flow rate adjust valve 4, which is a fluid device arranged in the internal flow channel 1a, pressure sensors 21, 22 and a fluid resistive member 3].
Ohmi, Yoshida and Yasuda2013 are analogous art. They relate to fluid measurement/control/management systems, particularly involving flow paths/tubing.
Therefore before the effective filing date of the claimed invention, it would have been obvious to a person of ordinary skill in the art to simply substitute the known electrical resistance pressure sensors, as taught by Yasuda2013, for the pressure sensors, as taught by the combination of Ohmi and Yoshida, for the predictable result of a fluid control device utilizing electrical resistance pressure sensors.
Claim(s) 8 and 10-12 is/are rejected under 35 U.S.C. 103 as being unpatentable over the combination of Ohmi and Yoshida in view of ‘Conductance in Vacuum Pumping Systems’ https://vacaero.com/information-resources/vacuum-pump-technology-education-and-training/1025-conductance-in-vacuum-pumping-systems.html, VAC AERO International, published October 12, 2015 (hereinafter Vacaero).
Regarding claim 8, the combination of Ohmi and Yoshida teaches all the limitations of the base claims as outlined above.
Further, Ohmi teaches the fluid resistance element is provided to the fluid control device unit [0144-0152, Fig. 8 — body 12 made of stainless steel is formed by hermetically assembling a gas inlet element 12a, a gas outlet element 12b, the No. 1 body element 12c and the No. 2 body element 12d… a fluid passage 16, there is made an orifice 1' for a small flow quantity, and on a fluid passage 16a (or 16b), there is made an orifice 1'' for a large flow quantity… a gas flows out from a gas outlet b through a passage 16a, a passage 16e, an orifice 1' for a small flow quantity (fluid resistance element)].
But the combination of Ohmi and Yoshida fails to clearly specify the fluid resistance element is one of a plurality of fluid resistance elements provided in series or in parallel, each of the plurality of fluid resistance elements having the one or plurality of resistance flow paths, and the plurality of fluid resistance elements have different resistance values.
However, Vacaero teaches the fluid resistance element is one of a plurality of fluid resistance elements provided in series or in parallel, each of the plurality of fluid resistance elements having the one or plurality of resistance flow paths, and the plurality of fluid resistance elements have different resistance values [page 1 — Conductance is the characteristic of a vacuum component or system to readily allow the flow of gas and can be thought of as the inverse of resistance to flow; Pages 2-4 — The total system conductance CT for components and pipes connected in series is calculated as follows, where the inverse of the system conductance is equal to the sum of the inverse of each the individual conductance values… For components and pipes in parallel conductance is the sum of the individual conductances; Table 12 shows conductances (inverse of resistance to fluid flow) for various pipes/tubes/fluid resistance elements that are different and similar].
Ohmi, Yoshida and Vacaero are analogous art. Ohmi and Yoshida relate to fluid measurement/control/management systems; and Ohmi, Yoshida, and Vacaero are concerned with fluid flow in flow paths/tubing.
Therefore before the effective filing date of the claimed invention, it would have been obvious to a person of ordinary skill in the art to simply substitute the known fluid resistance elements having different resistance values in series or in parallel, as taught by Vacaero, for the known fluid resistance member, as taught by the combination of Ohmi and Yoshida, for the predictable result of a fluid control device that controls fluid flow by monitoring the flow with a ceramic fluid resistance element that comprises fluid resistance elements having different resistance values in series or in parallel. Note that how to combine various resistance/conductive flow elements is described in some detail by Vacaero as well as how to determine the conductance (inverse of resistance) for pipes/tubes.
Regarding claim 10, the combination of Ohmi, Yoshida and Vacaero teaches all the limitations of the base claims as outlined above.
Further, Vacaero teaches the second fluid resistance element is provided in parallel with the first fluid resistance element [page 1 — Conductance is the characteristic of a vacuum component or system to readily allow the flow of gas and can be thought of as the inverse of resistance to flow; Pages 2-4 — The total system conductance CT for components and pipes connected in series is calculated as follows, where the inverse of the system conductance is equal to the sum of the inverse of each the individual conductance values… For components and pipes in parallel conductance is the sum of the individual conductances; Table 12 shows conductances (inverse of resistance to fluid flow) for various pipes/tubes/fluid resistance elements].
Therefore before the effective filing date of the claimed invention, it would have been obvious to a person of ordinary skill in the art to simply substitute the known fluid resistance elements in parallel, as taught by Vacaero, for the known fluid resistance member, as taught by the combination of Ohmi and Yoshida, for the predictable result of a fluid control device that controls fluid flow by monitoring the flow with a ceramic fluid resistance element that comprises fluid resistance elements in parallel. Note that how to combine various resistance/conductive flow elements is described in some detail by Vacaero as well as how to determine the conductance (inverse of resistance) for pipes/tubes.
Regarding claim 11, the combination of Ohmi and Yoshida teaches all the limitations of the base claims as outlined above.
Further, Ohmi teaches the fluid resistance element is provided to the fluid control device [0144-0152, Fig. 8 — body 12 made of stainless steel is formed by hermetically assembling a gas inlet element 12a, a gas outlet element 12b, the No. 1 body element 12c and the No. 2 body element 12d… a fluid passage 16, there is made an orifice 1' for a small flow quantity, and on a fluid passage 16a (or 16b), there is made an orifice 1'' for a large flow quantity… a gas flows out from a gas outlet b through a passage 16a, a passage 16e, an orifice 1' for a small flow quantity (fluid resistance element)].
But the combination of Ohmi and Yoshida fails to clearly specify the fluid resistance element is one of a plurality of fluid resistance elements provided in series or in parallel, each of the plurality of fluid resistance elements having the one or plurality of resistance flow paths, and the plurality of fluid resistance elements have resistance values equal to each other.
However, Vacaero teaches the fluid resistance element is one of a plurality of fluid resistance elements provided in series or in parallel, each of the plurality of fluid resistance elements having the one or plurality of resistance flow paths, and the plurality of fluid resistance elements have resistance values equal to each other [page 1 — Conductance is the characteristic of a vacuum component or system to readily allow the flow of gas and can be thought of as the inverse of resistance to flow; Pages 2-4 — The total system conductance CT for components and pipes connected in series is calculated as follows, where the inverse of the system conductance is equal to the sum of the inverse of each the individual conductance values… For components and pipes in parallel conductance is the sum of the individual conductances; Table 12 shows conductances (inverse of resistance to fluid flow) for various pipes/tubes/fluid resistance elements at least some of which have approximately equal conductances (inverse of resistance to fluid flow)].
Ohmi, Yoshida and Vacaero are analogous art. Ohmi and Yoshida relate to fluid measurement/control/management systems; and Ohmi, Yoshida and Vacaero are concerned with fluid flow in flow paths/tubing.
Therefore before the effective filing date of the claimed invention, it would have been obvious to a person of ordinary skill in the art to simply substitute the known the fluid resistance elements having resistance values equal to each other is provided in series, as taught by Vacaero, for the known fluid resistance member, as taught by the combination of Yoshida, for the predictable result of a fluid control device that controls fluid flow by monitoring the flow with a ceramic fluid resistance element that comprises fluid resistance elements having resistance values equal to each other is provided in series. Note that how to combine various resistance/conductive flow elements is described in some detail by Vacaero as well as how to determine the conductance (inverse of resistance) for pipes/tubes.
Regarding claim 12, the combination of Ohmi, Yoshida and Vacaero teaches all the limitations of the base claims as outlined above.
Further, Ohmi teaches the fluid resistance element is provided between the upstream pressure sensor and the downstream pressure sensor [0141-0145, Fig. 7-8 — a differential pressure type flow controller for a small flow quantity side (i.e., a flow rate range of 10-100 sccm) is formed with the No. 1 orifice 1, the No. 1 computation circuit 5'… a pressure detector 2 on the upstream side of an orifice and a pressure detector 3 on the downstream side of an orifice in the block body; 0111-0117, Fig. 1 — a basic block diagram of a differential pressure type flowmeter according to the first embodiment of the present invention. The said differential pressure type flowmeter comprises an orifice 1, an absolute pressure type pressure detector on the upstream side of an orifice 2, an absolute pressure type pressure detector on the downstream side of an orifice 3, a gas absolute temperature detector on the upstream side of an orifice 4, a control computation circuit 5… With the differential pressure type flowmeter according to the present invention, a gas flow rate Q passing through an orifice 1 under differential pressure conditions… is computed by an empirical flow rate equation — describes how the flow rate measurement is performed for Figs. 7-8].
Further, Vacaero teaches the plurality of fluid resistance elements [page 1 — Conductance is the characteristic of a vacuum component or system to readily allow the flow of gas and can be thought of as the inverse of resistance to flow; Pages 2-4 — The total system conductance CT for components and pipes connected in series is calculated as follows, where the inverse of the system conductance is equal to the sum of the inverse of each the individual conductance values… For components and pipes in parallel conductance is the sum of the individual conductances; Table 12 shows conductances (inverse of resistance to fluid flow) for various pipes/tubes/fluid resistance elements].
Therefore before the effective filing date of the claimed invention, it would have been obvious to a person of ordinary skill in the art to simply substitute the known plurality of fluid resistance elements, as taught by Vacaero, for the known fluid resistance member, as taught by the combination of Ohmi and Yoshida, for the predictable result of a fluid control device that controls fluid flow by monitoring the flow with a ceramic fluid resistance element that comprises a plurality of fluid resistance elements. Note that how to combine various resistance/conductive flow elements is described in some detail by Vacaero as well as how to determine the conductance (inverse of resistance) for pipes/tubes.
Allowable Subject Matter
Claim(s) 9 is/are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for allowable subject matter:
While Ohmi teaches a fluid device unit with an internal fluid resistance element and Yoshida teaches the element comprising a flow path forming member made of ceramic and having one or a plurality of resistance flow paths; and a covering member that is made of metal and covers an outer peripheral face of the flow path forming member and Vacaero teaches the fluid resistance element is one of a plurality of fluid resistance elements provided to the fluid device unit in series or in parallel. None of these references taken either alone or in combination with the prior art of record disclose a fluid control unit wherein the internal flow path is further provided with a third pressure sensor, the first fluid resistance element is provided between the first pressure sensor and the second pressure sensor, the second fluid resistance element provided between the second pressure sensor and the third pressure sensor, and the fluid control device unit further comprises a diagnostic circuit that compares a first flow rate with a second flow rate to diagnose whether or not a failure has occurred, the first flow rate being calculated based on a resistance value of the first fluid resistance element, a detection value of the first pressure sensor, and a detection value of the second pressure sensor, the second flow rate being calculated based on a resistance value of the second fluid resistance element, the detection value of the second pressure sensor, and a detection value of the third pressure sensor.
Citation of Pertinent Prior Art
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Kouchi et al. U.S. Patent No. 20100200083 discloses a flow rate control system with an orifice and a differential pressure flow meter.
Note that any citations to specific, pages, columns, lines, or figures in the prior art references and any interpretation of the reference should not be considered to be limiting in any way. A reference is relevant for all it contains and may be relied upon for all that it would have reasonably suggested to one having ordinary skill in the art. See MPEP 2123.
Conclusion
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/BERNARD G LINDSAY/
Primary Examiner, Art Unit 2119
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