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 .
DETAILED ACTION
Status of Claims
This office action is in response to the amendment and remarks filed on 03/05/2026. In making the below rejections, the examiner has considered and addressed each of the applicants arguments. Claims 6, 7, 12-14, 19, and 20 have been canceled, and Claims 1-5, 8-11, 15-18, and 21-27 are currently pending and being examined.
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.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103(a) which forms the basis for all obviousness rejections set forth in this Office action:
(a) A patent may not be obtained though the invention is not identically disclosed or described as set forth in section 102 of this title, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains. Patentability shall not be negatived 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(a) 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.
Claims 1-5, 8-11, 15-18, and 21-27 are rejected under 35 U.S.C. 103 as being unpatentable over Rutherford (USPAP 2011/0103975) in view of Hsieh (USPAP 2015/0102432).
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In reference to independent claim 1, Rutherford discloses a ion pump (fig 6), comprising: an evacuateable envelope (12) having a chamber (area inside of 12); first and second cathodes spaced apart within the chamber (21 and 22 respectively); and an anode (77) spaced between the first and second cathodes (21 and 22), the anode comprising a tubular anode body (78, para 0028 discloses “tubular anode element 78”) having a tubular mid-segment with a contoured surface portion (para 0027 discloses “The anode assembly or anode 77, illustrated in FIG. 6, can include a plurality of circular cylindrical elements 78 joined to one another and disposed between the first and second cathodes 21 and 22.” Mid-segment would be the center of each cylinder), wherein the contoured surface portion is substantially smooth and featureless (the cylinder is substantially smooth and featureless),
Rutherford does not teach a distal end of the tubular mid-segment coupled to a first intermediate annular coupling, the first intermediate coupling defining a first textured surface portion on both an interior surface and an exterior surface of the tubular anode body, wherein the contoured surface portion is substantially smooth and featureless, and wherein the first textured surface portion has a wall thickness smaller than a wall thickness of the tubular mid-segment and defines a first plurality of sputtered material capture regions bounding the contoured surface portion.
Hsieh, a structure that uses gettering like the ion pump of Rutherford, teaches
a distal end of the mid-segment coupled to a first intermediate coupling, the first intermediate coupling (see annotated fig 2 above) defining a first textured surface portion on both an interior surface and an exterior surface of the body (examiner takes the position that because Rutherford discloses
“The sputtered particles condense on other surfaces of the cathode structure, the anode structure or other surfaces inside the pump, and entrap ions through the various entrapment mechanisms to reduce pressure within the pump. These entrapment mechanisms include chemical combination for chemically active gases such as oxygen and nitrogen; electrical neutralization, burial and diffusion for small gas molecules such as hydrogen and helium; and electrical neutralization, burial and covering over with further sputtered deposits. The covering mechanism, also known as a capturing mechanism, is particularly suited for pumping noble gasses such as argon, neon, krypton and xenon.”
Since the sputtered particles are known to be on all surfaces adding the disclosed texture of Hsieh to both the inside and outside is obvious to one of ordinary skill in the art), wherein the surface portion (once combined the left side would to the contoured surface portion) is substantially smooth and featureless (202 appears smooth and featureless between textured portions), and wherein the first textured surface portion (getter layer 208) has a wall thickness smaller than a wall thickness of the tubular mid-segment (202 is less thick where the textured portion 208 is) and defines a first plurality of sputtered material capture regions (left on is the first of a plurality of capture regions) bounding the contoured surface portion (once combined the left side would to the contoured surface portion).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use the getter design of Hsieh in the ion pump of Rutherford “provides for more surface area for the getter layer 208 to contact an interior surface of the substrate 202 and therefore provides for more efficient capture of the residual gases” para 0025, Hsieh. Furthermore the increased surface area also increases the amount of sputter that can be caught. To be clear the getter layers of Hsieh are added to the anode cylinders in Rutherford on both the inside and outside.
In reference to independent claim 8, Rutherford discloses an ion pump, comprising: a evacuateable envelope (12) having a chamber (area inside of 12); first and second cathodes (21 and 22) spaced apart within the chamber (fig 6 shows 21 and 22 spaced apart in 12); and an anode (77) spaced between the first and second cathodes, the anode comprising a tubular anode body (78, para 0028 discloses “tubular anode element 78”), however
Rutherford does not teach the anode comprising an tubular anode body having an intermediate annular coupling coupled to a distal end of a tubular mid-segment, the intermediate annular coupling having a wall thickness smaller than a wall thickness of the tubular mid-segment and defining a textured surface portion, wherein the textured surface portion defines a plurality of sputtered material capture regions.
Hsieh, a structure that uses gettering like the ion pump of Rutherford, teaches a body (200) having an intermediate coupling (see annotated fig 2 above) coupled to a distal end of a mid-segment (see annotated fig 2 above), the intermediate coupling having a thickness smaller than a thickness of the mid-segment (202 is less thick where the textured portion 208 is) and defining a textured surface portion (208), wherein the textured surface portion (208) defines a plurality of sputtered material capture regions (208 is disclosed as a getter layer in para 0021).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use the getter design of Hsieh in the ion pump of Rutherford “provides for more surface area for the getter layer 208 to contact an interior surface of the substrate 202 and therefore provides for more efficient capture of the residual gases” para 0025, Hsieh. Furthermore the increased surface area also increases the amount of sputter that can be caught. To be clear the getter layers of Hsieh are added to the anode cylinders in Rutherford on both the inside and outside.
In reference to independent claim 15, Rutherford discloses an ion pump, comprising: an evacuateable envelope (12) having a chamber (area inside of 12); first and second cathodes (21 and 22) spaced apart within the chamber (see fig 6); and an anode structure (made of individual anodes 77) including a plurality of anodes (77) spaced between the first and second cathodes (21 and 22), each anode (77) comprising an tubular anode body (78, para 0028 discloses “tubular anode element 78”) having a tubular mid-segment (middle of the cylinder 77), however
Rutherford does not teach a distal end of the tubular mid-segment coupled to a first intermediate annular coupling, the first intermediate annular coupling having a thickness smaller than a thickness of the tubular mid-segment defining a textured surface portion, wherein the textured surface portion defines a plurality of sputtered material capture regions.
Hsieh, a structure that uses gettering like the ion pump of Rutherford, teaches a distal end of the mid-segment (see annotated fig 2 above) coupled to a first intermediate coupling (see annotated fig 2 above), the first intermediate coupling having a thickness smaller than a thickness of the mid-segment (202 is less thick where the textured portion 208 is) defining a textured surface portion (208), wherein the textured surface portion defines a plurality of sputtered material capture regions (208 is disclosed as a getter layer in para 0021).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use the getter design of Hsieh in the ion pump of Rutherford “provides for more surface area for the getter layer 208 to contact an interior surface of the substrate 202 and therefore provides for more efficient capture of the residual gases” para 0025, Hsieh. Furthermore the increased surface area also increases the amount of sputter that can be caught. To be clear the getter layers of Hsieh are added to the anode cylinders in Rutherford on both the inside and outside.
In reference to dependent claim 2, Rutherford in view of Hsieh discloses the ion pump as recited in claim 1, Hsieh further comprising a first annular body segment (see annotated fig 2 above) coupled to the tubular mid-segment (see annotated fig 2 above) by the first intermediate coupling (see annotated fig 2 above),
wherein an axial edge (see annotated fig 2 above) of the first annular body segment adjacent to the first intermediate annular coupling (see annotated fig 2 above) defines a franging structure for controlling a size of sputtered material shed from the tubular anode body (the axial edges, shown in annotated fig 2 above form a franging structure once it is combined with the tubular anode body 78 in Rutherford).
In reference to dependent claim 3, Rutherford in view of Hsieh discloses the ion pump as recited in claim 2, Hsieh further comprising a second intermediate annular coupling (see annotated fig 2 above) adjacent to the first annular body segment, the second intermediate coupling defining a second textured surface (208) portion on both the interior surface and the exterior surface of the tubular anode body (examiner takes the position that because Rutherford discloses
“The sputtered particles condense on other surfaces of the cathode structure, the anode structure or other surfaces inside the pump, and entrap ions through the various entrapment mechanisms to reduce pressure within the pump. These entrapment mechanisms include chemical combination for chemically active gases such as oxygen and nitrogen; electrical neutralization, burial and diffusion for small gas molecules such as hydrogen and helium; and electrical neutralization, burial and covering over with further sputtered deposits. The covering mechanism, also known as a capturing mechanism, is particularly suited for pumping noble gasses such as argon, neon, krypton and xenon.”
Since the sputtered particles are known to be on all surfaces adding the disclosed texture of Hsieh to both the inside and outside is obvious to one of ordinary skill in the art).
In reference to dependent claim 4, Rutherford in view of Hsieh discloses the ion pump as recited in claim 3, Hsieh further discloses a body (202) wherein the second textured surface portion (on the second intermediate coupling, see annotated fig 2) defines a second plurality of sputtered material capture regions (208).
In reference to dependent claim 5, Rutherford in view of Hsieh discloses the ion pump as recited in claim 3, Hsieh further discloses a body (202) comprising a second annular body segment coupled to the first annular body segment by the second intermediate annular coupling (see annotated fig 2 above).
In reference to dependent claim 9, Rutherford in view of Hsieh discloses the ion pump as recited in claim 8, Hsieh further discloses a body (202) wherein the textured surface portion (208) is defined on an exterior surface of the tubular anode body (as combined above the portions 208 are added to both the exterior and the interior of the body).
In reference to dependent claim 10, Rutherford in view of Hsieh discloses the ion pump as recited in claim 8, Hsieh further discloses a body (202) wherein the textured surface portion (208) is defined on an interior surface of the tubular anode body (as combined above the portions 208 are added to both the exterior and the interior of the body).
In reference to dependent claim 11, Rutherford in view of Hsieh discloses the ion pump as recited in claim 8, Hsieh further discloses a body (202) wherein the textured surface portion (208) is defined on both an interior surface and an exterior surface of the tubular anode body (as combined above the portions 208 are added to both the exterior and the interior of the body).
In reference to dependent claim 16, Rutherford in view of Hsieh discloses the ion pump as recited in claim 15, Hsieh further discloses a body (202) wherein the textured surface portion (208) is defined on an exterior surface of the tubular anode body (as combined above the portions 208 are added to both the exterior and the interior of the body).
In reference to dependent claim 17, Rutherford in view of Hsieh discloses the ion pump as recited in claim 15, Hsieh further discloses a body (202) wherein the textured surface portion (208) is defined on an interior surface of the tubular anode body (as combined above the portions 208 are added to both the exterior and the interior of the body).
In reference to dependent claim 18, Rutherford in view of Hsieh discloses the ion pump as recited in claim 15, Hsieh further discloses a body (202) wherein the textured surface portion (208) is defined on both an interior surface and an exterior surface of the tubular anode body (as combined above the portions 208 are added to both the exterior and the interior of the body).
In reference to dependent claim 21, Rutherford in view of Hsieh discloses the ion pump as recited in claim 8, Hsieh further discloses a body (202) further comprising an annular body segment (the first body segment, see annotated fig 2 above) coupled to the tubular mid-segment of the tubular anode body by the intermediate annular coupling (see annotated fig 2 above),
wherein an axial edge (see annotated fig 2 above) of the first annular body segment adjacent to the first intermediate annular coupling (see annotated fig 2 above) defines a franging structure for controlling a size of sputtered material shed from the tubular anode body (the axial edges, shown in annotated fig 2 above form a franging structure once it is combined with the tubular anode body 78 in Rutherford).
In reference to dependent claim 22, Rutherford in view of Hsieh discloses the ion pump as recited in claim 21, Rutherford further discloses a body (cylinder 77) wherein the tubular mid-segment has a contoured surface portion (the middle of segment is curved since 77 is a cylinder).
In reference to dependent claim 23, Rutherford in view of Hsieh discloses the ion pump as recited in Claim 15, Rutherford further discloses a body (202) wherein the tubular mid-segment has a contoured surface portion (the middle of segment is curved since 77 is a cylinder).
In reference to dependent claim 24, Rutherford in view of Hsieh discloses the ion pump as recited in Claim 15, Hsieh further discloses a body (202) further comprising a first annular body segment coupled to the tubular mid-segment by the first intermediate annular coupling (see annotated fig 2 above),
wherein an axial edge (see annotated fig 2 above) of the first annular body segment adjacent to the first intermediate annular coupling (see annotated fig 2 above) defines a franging structure for controlling a size of sputtered material shed from the tubular anode body (the axial edges, shown in annotated fig 2 above form a franging structure once it is combined with the tubular anode body 78 in Rutherford).
In reference to dependent claim 25, Rutherford in view of Hsieh discloses the ion pump as recited in Claim 24, Hsieh further discloses a body (202) further comprising a second intermediate annular coupling defining a second textured surface portion (208) adjacent to the first annular body segment (see annotated fig 2 above).
In reference to dependent claim 26, Rutherford in view of Hsieh discloses the ion pump as recited in Claim 25, Hsieh further discloses a body (202) wherein the second textured surface portion (208) defines a first plurality of sputtered material capture regions (208 is disclosed as a getter layer in para 0021).
In reference to dependent claim 27, Rutherford in view of Hsieh discloses the ion pump as recited in Claim 25, Hsieh further discloses a body (202) further comprising a second annular body segment coupled to the first annular body segment by the second intermediate annular coupling (see annotated fig 2 above).
Response to Arguments
In reference to applicant’s argument that “the combination of Rutherford and Hsieh does not render Claim 1 obvious, and impermissible hindsight gleaned from the Applicant's specification would be required to arrive at the anode of Claim 1 when considering Rutherford in view of Hsieh” examiner respectfully disagrees. In response to applicant's argument that the examiner's conclusion of obviousness is based upon improper hindsight reasoning, it must be recognized that any judgment on obviousness is in a sense necessarily a reconstruction based upon hindsight reasoning. But so long as it takes into account only knowledge which was within the level of ordinary skill at the time the claimed invention was made, and does not include knowledge gleaned only from the applicant's disclosure, such a reconstruction is proper. See In re McLaughlin, 443 F.2d 1392, 170 USPQ 209 (CCPA 1971).
In reference to applicant’s argument that “the combination of Rutherford and Hsieh does not disclose or suggest a tubular anode body where an intermediate coupling defines a textured surface, and the textured surface defines a sputtered material capture region as recited by Claim 1” examiner respectfully disagrees. Rutherford clearly suggests a tubular anode body 78, Hsieh shows a textured surface that can be easily added to the anode element, see the rejection above.
In reference to applicant’s argument that “The cited references do not disclose or suggest a franging structure for controlling a size of sputtered material shed from a tubular anode body defined by an axial edge of the an annular body segment adjacent to an intermediate annular coupling” examiner respectfully disagrees. In response to applicant's arguments against the references individually, one cannot show nonobviousness by attacking references individually where the rejections are based on combinations of references. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981); In re Merck & Co., 800 F.2d 1091, 231 USPQ 375 (Fed. Cir. 1986). Applicant is advised that the claims are broad and the limitations are found within the totality of references. Furthermore, the fact that the inventor has recognized another advantage which would flow naturally from following the suggestion of the prior art cannot be the basis for patentability when the differences would otherwise be obvious. See Ex parte Obiaya, 227 USPQ 58, 60 (Bd. Pat. App. & Inter. 1985). The structure of Hsieh, when combined with Rutherford would act as a franging structure.
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.
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHARLES W NICHOLS whose telephone number is (571)272-6492. The examiner can normally be reached Monday-Friday 8am-5pm EST.
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/C.W.N/Examiner, Art Unit 3783
/WESLEY G HARRIS/Examiner, Art Unit 3783
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