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 .
Priority
The foreign priority claim filed on 02/10/2023 was not entered because the foreign priority claim was not filed during the time period set forth /in 37 CFR 1.55. For original applications filed under 35 U.S.C. 111(a) (other than a design application) on or after November 29, 2000, the time period is during the pendency of the application and within the later of four months from the actual filing date of the application or sixteen months from the filing date of the prior foreign application. In addition, if the application was filed on or after September 16, 2012, the claim for foreign priority must be presented in an application data sheet. See 37 CFR 1.55(d)(1). For national stage applications under 35 U.S.C. 371, the claim for priority must be made within the time limit set forth in the PCT and the Regulations under the PCT. See 37 CFR 1.55(d)(2). If applicant desires priority under 35 U.S.C. 119(a)-(d), or (f), 365(a) or (b), or 386(a) based upon a prior foreign application, applicant must file a petition for an unintentionally delayed priority claim under 37 CFR 1.55(e). The petition must be accompanied by (1) the priority claim under 35 U.S.C. 119(a)-(d), or (f), 365(a) or (b), or 386(a) in accordance with 37 CFR 1.55 identifying the prior foreign application to which priority is claimed, unless previously submitted; (2) a certified copy of the foreign application, unless previously submitted or an exception under 37 CFR 1.55 applies; (3) the applicable petition fee under 37 CFR 1.17(m)(1) or (2); and (4) a statement that the entire delay between the date the claim was due under 37 CFR 1.55 and the date the claim was filed was unintentional. The Director may require additional information where there is a question whether the delay was unintentional. The petition should be addressed to: Mail Stop Petition, Commissioner for Patents, P.O. Box 1450, Alexandria, Virginia 22313-1450.
Information Disclosure Statement
The information disclosure statements (IDS) submitted on 2/10/2023 and 1/05/2026 have been considered by the examiner.
Claim Rejections - 35 USC § 102
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.
Claims 1-7 are rejected under 35 U.S.C. 102(a)(1) as being clearly anticipated by Japanese Application No. JP2020136213. *Note a machine translated, English version was used to determine clear anticipation. The machine translated, English version will be attached to the office action.
Given the timeline to enter the national stage in the PCT/international regulations, priority to the same inventor’s previous Japanese application could not be given. (see priority section) To promote compact prosecution, claims will not be mapped, as it is clear all the limitations of the current application are taught by the prior Japanese application.
Claim Rejections - 35 USC § 103
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.
Claims 1-7 are rejected under 35 U.S.C. 103 as being unpatentable over Yan (JP2018167245A) in view of Yokoyama (US20070277930A1). *Note all teachings and mappings from Yan are based on the attached machine translated, English version.
For clarity of the record, the combined invention and singular embodiment of Yan and Yokoyama will be described below, along with a figure to better show the combination. Specific mapping with the formal rejection description will follow this summary. Yan teaches a majority of the limitations within the claims, while Yokoyama is primarily, but not limited to, being used for the branched portion, the reservoirs, and the different types of adjusted water. Given that a “mere duplication of parts has no patentable significance unless a new and unexpected result is produced” {MPEP 2144.04}, the embodiment of the combined invention involves the duplication of the majority of the system of Yan, sending its products, {R (W2)}, to each branch of Yokoyama {R (110)}, as seen in the rough embodiment figure below:
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Given many of the limitations of the claims involve the locations of devices within the system, the inventions of Yan and Yokoyama will be mapped together. Obvious and motivation statements for the combination will be to follow the mapping.
In regards to claim 1, Yan teaches a pH/redox potential-adjusted water production apparatus comprising: an ultrapure water supply line; {Yan, P 2 middle, "ultrapure water supply line"}. Yokoyama teaches a first branched flow path {Yokoyama, F 9, R's (110) towards (21)} and a second branched flow path. {Yokoyama, F 9, R's (110) towards (22)}. Yan teaches an additive amount control mechanism; {Yan, P 3 middle, "control device 11 is also connected to the pH … device and the oxidation-reduction … device, and can control the injection amount … from these devices"} wherein the ultrapure water supply line comprises a hydrogen peroxide removal mechanism. {Yan, P 2 middle, "from the ultrapure water supply line to the hydrogen peroxide removal mechanism"} Yan and Yokoyama teach the ultrapure water supply line branches into the first branched flow path and the second branch flow path {Yan, F 1, downstream R (2) & Yokoyama, F 9, R (110)} downstream from the hydrogen peroxide removal mechanism. {Yan, F 1, downstream R (2) & Yokoyama, F 9, R (110)} Yan teaches each of the first branched flow path and the second branched flow path is provided with a pH adjusting mechanism configured to add pH adjuster into the respective flow path {P 2 middle, "pH adjusting agent injection device"} each of the first branched flow path and the second branched flow path is provided with a redox potential adjusting mechanism configured to add a redox potential adjuster into the respect flow path; {P 2 middle, "oxidation / reduction potential adjusting agent injection device"} each of the first branched flow path and the second branched flow path is provided with an adjusted water quality monitoring mechanism configured to measure water quality in the respective flow path, the adjusted water quality monitoring mechanism being located downstream from the pH adjusting mechanism and the redox potential adjusting mechanism; {P 2 middle, "a pH measuring unit and a redox potential measuring unit at a subsequent stage of the pH adjusting agent injecting device and the redox potential adjusting agent injecting device"} the additive amount control mechanism is configured to control an amount of the pH adjuster added to the respective flow path by the pH adjusting mechanism and an amount of the redox potential adjuster added to the respective flow path by the redox potential adjusting mechanism {P 3 middle, "control device 11 is also connected to the pH … device and the oxidation-reduction … device, and can control the injection amount … from these devices"} based on a measurement result obtained from the adjusted water quality monitoring mechanism. {P 1 abstract, "Based on the measurements of pH meter 10A and ORP meter 10B, the injection amounts … are controlled" & P 3 middle, "pH meter 10A … and ORP meter 10B … are provided in the middle of the discharge line … and connected to a control device 11"} Yokoyama teaches each of the first branched flow path and the second branched flow path comprises a reservoir configured to store pH/redox potential-adjusted water. {F 9, R's (21-22)} Yan and Yokoyama teach the reservoir being located downstream from the pH adjusting mechanism and the redox potential adjusting mechanism; {Yan, F 1, downstream R (3A-3B) & Yokoyama, F 9, R's (21-22)} Yokoyama teaches in operation, different types of pH/redox potential-adjusted water can be supplied from respective flow paths. {F 1, R's (P1 and P2) towards (3) & P 2, ¶ 17, "capable of supplying two or more types of processing liquids"}
In regards to claim 2, Yan teaches the pH/redox potential-adjusted water production apparatus according to claim 1, wherein at least one of the first branched flow path and the second branched flow path comprises, at a location downstream from the pH adjusting mechanism and the redox potential adjusting mechanism, pH/redox potential-adjusted water having a pH of 9 to 13 {Yan, P 4 middle, "pH 9 to 13"} and a redox potential of 0 V to 1.7 V. {Yan, P 4 middle, "oxidation reduction potential is 0 to 1.7 V"}
In regards to claim 3, Yan teaches the pH/redox potential-adjusted water production apparatus according to claim 1, wherein: the pH adjusting mechanism contains at least one selected from the group consisting of ammonia, sodium hydroxide, potassium hydroxide, TMAH, hydrochloric acid, hydrofluoric acid, citric acid, formic acid, and carbon dioxide gas; {Yan, P 2 middle, "pH adjuster is 1 type, or 2 or more types chosen from ammonia, sodium hydroxide, potassium hydroxide, and TMAH"} and the redox potential adjusting mechanism contains at least one selected from the group consisting of hydrogen peroxide, ozone gas, and oxygen gas. {Yan, P 2 middle, "oxidation-reduction potential regulator is 1 type, or 2 or more types chosen from hydrogen peroxide solution, ozone gas, and oxygen gas (invention 3)."}
In regards to claim 4, Yan teaches the pH/redox potential-adjusted water production apparatus according to claim 1, wherein at least one of the pH adjusting mechanism and the redox potential adjusting mechanism is configured to add a liquid pH adjuster or liquid redox potential adjuster and comprises a pump or a pressurizing means that uses a closed tank and an inert gas. {Yan, P 3 bottom, "When the pH adjusting agent or redox potential adjusting agent is liquid, a pump such as a diaphragm pump can be used. In addition, a pressurizing pump in which a pH adjusting agent or an oxidation-reduction potential adjusting agent is put in an airtight container together with an inert gas"}
In regards to claim 5, Yan teaches the pH/redox potential-adjusted water production apparatus according to claim 1, wherein at least one of the pH adjusting mechanism and the redox potential adjusting mechanism is configured to add a gas pH adjuster or gas redox potential adjuster by gas dissolution and comprises a direct gas-liquid contactor with a gas-permeable membrane module or an ejector. {Yan, P 3 bottom, "In addition, when the pH adjusting agent or the oxidation-reduction potential adjusting agent is a gas, a direct gas-liquid contact device such as a gas permeable membrane module or an ejector can be used."}
In regards to claim 6, Yokoyama teaches the pH/redox potential-adjusted water production apparatus according to claim 1, wherein the reservoir comprises an inert gas supply mechanism. {Yokoyama, P 6, ¶ 116, "The supply of the processing liquid from the supply tank 21, 22 is performed by using the pressure of the inert gas, supplied via the inert gas supply valve V2, V5"}
In regards to claim 7, Yan teaches the pH/redox potential-adjusted water production apparatus according to claim 1, wherein at least one of the first branched flow path and the second branched flow path comprises, at a location downstream from the pH adjusting mechanism and the redox potential adjusting mechanism, pH/redox potential-adjusted water having a pH and redox potential suitable for cleaning a surface of a semiconductor material on which a transition metal is partially or entirely exposed. {Yan, P 4 bottom, "The cleaning adjustment water W2 … for electronic materials such as semiconductor …Such cleaning adjustment water W2 not only has the desired pH and redox potential"}
The combination of these two references teach all of the limitations of the application. It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to combine the invention of Yokoyama to the invention of Yan because both inventions appear involve processing liquids to be used as a substrate for cleaning an additional apparatus, more broadly, fluid treatment. One of ordinary skill in the art prior to the effective filing date of the claimed invention would be motivated to combine the invention of Yokoyama to the invention of Yan because the invention of Yokoyama includes multiple cleaning functionalities and method steps for the treatment system, which can “prevent or reduce secondary contamination of a substrate, providing a high-quality processed substrate”. {Yokoyama, P 3, ¶ 50}
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CONNOR J ROTONDI whose telephone number is (571)272-2058. The examiner can normally be reached M-F 8:00am-4:30pm.
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/CONNOR J ROTONDI/Examiner, Art Unit 1779
/Bobby Ramdhanie/Supervisory Patent Examiner, Art Unit 1779