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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 9 April 2026 has been entered.
Election/Restrictions
Applicant’s election without traverse of Group I and Species A (claims 1-14 and 18-19) in the reply filed on 7 May 2025 was previously acknowledged.
Claims 15-17 and 20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention(s), there being no allowable generic or linking claim. Election was made without traverse in the aforementioned reply.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are:
Claim 19 process module which has been interpreted as a chamber and equivalents thereto as set forth in the specification, e.g., at para. 21.
Claim 19 transport module which has been interpreted as a housing and a vacuum transport device and equivalents thereto as set forth in the specification, e.g., at para. 31.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim 1 first moving mechanism, second moving mechanism, and differential screw mechanism are no longer interpreted under the statute as sufficient structure for performing the claimed functions is recited in the claim.
Further Claim Interpretations
In the elected embodiment, Applicant’s disclosure states that the contact surface (17) is “continuously flush with the inner surface of the block body 12 extending in parallel to the vertical direction …” at para. 39. It follows that “a direction parallel to a direction orthogonal to the contact surface” as claimed merely and necessarily describes a horizontal direction. No other direction(s) appear to be contemplated. Thus, it is being interpreted as a horizontal direction as disclosed for ease and simplicity. If Applicant intends to claim a feature different than this, they are invited to clarify and/or clearly provide evidence of the feature. Examiner understands Applicant’s most recent response with respect to this interpretation, but also notes that they are unable to find description in the original disclosure (including the claims) drawn to the oblique configuration Applicant mentions in their comments. Further clarification is invited, if necessary.
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 1-5, 7-12, 14 and 19 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. Any claim not specifically mentioned is rejected based on its dependence.
Claim 1 first moving mechanism and second moving mechanism have been amended and clarified to the point that each is only readable on the embodiment of Figs. 4AB, 5 and it appears that it is only this embodiment where “the second linear track that is parallel to a direction orthogonal to the contact surface” and “the second actuator moves the valve body in a direction parallel to a direction orthogonal to the contact surface and includes a differential screw mechanism configured to finely feed the valve body” and “the differential screw mechanism includes a first screw connected to a motor fixed to the first movement body, a second screw screw-coupled into the first screw, and a slider screw-coupled to the second screw and fixed to the second movement body” . Thus, the optionality of these claim limitations is unclear at best, as the first moving mechanism and the parts it comprises in the claimed embodiment are not readable on the overall claimed invention of claim 1. In order to expedite examination, Examiner has assumed that the optionality inadvertently remains and was meant to be removed. The same analysis applied to Claim 19. Clarification and/or correction is requested.
With respect to claim 8, in the most recent claim set, a first guide rail and a second guide rail were added to claim 1. However, “a vertical guide rail” and a “a horizontal guide rail” are introduced in claim 8 and appear to correspond thereto. In order to expedite examination, Examiner has assumed the recitations refer to the same features, respectively and has examined accordingly. Clarification and/or correction is requested.
Response to Arguments
Applicant’s claim amendments and accompanying arguments, filed 9 April 2026, with respect to previously presented prior art rejections have been fully considered and are persuasive. As amended and clarified the feature of the differential screw mechanism as now incorporated into the overall apparatus does not appear to be fairly taught or suggested by the previously relied upon prior art.
Examiner appreciates Applicant’s previous clarification that the first linear track and the second linear track are not structural features of the claimed invention, rather “a way or a direction”.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. JP Patent Pub. No. 2011157989 to Endo discloses a gate valve with a differential screw mechanism.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KARLA MOORE whose telephone number is (571)272-1440. The examiner can normally be reached Monday-Friday, 9am-6pm EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, PARVIZ HASSANZADEH can be reached at (571) 272-1435. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/KARLA A MOORE/Primary Examiner, Art Unit 1716
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