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 § 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 1-10 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.
Claim 1 recites “a flow path controller that controls the first water amount controller and the second water amount controller to select between delivering either the ultrapure water on the first distribution pipe to the cleaning apparatus or the treated ultrapure water on the second distribution pipe to the cleaning apparatus based on the result of comparison in the comparator”. Claim 1 is deemed indefinite because it is unclear how the water can be “on” the distribution pipe. For the sake of compact prosecution, claim 1 is understood as the water being “in” the first distribution pipe and the second distribution pipe. Claim 1 is deemed indefinite because it is unclear how the treated ultrapure water is present in the second distribution pipe, since second distribution pipe branches from the first distribution pipe prior to the claimed treatment unit.
Claim 1 recites “a first distribution pipe” in lines 2 and 4. Claim 1 is deemed indefinite because it is unclear if the second recitation should be “the” first distribution pipe or is some new element of the claimed system. For the sake of compact prosecution, claim 1 is understood as reciting “the first distribution pipe” in line 4 of claim 1.
Claim 2-10 are also rejected by virtue of the claim dependency.
Claim 5 recites “a fifth distribution pipe that branches from the first distribution pipe between the first measuring unit where the first amount is measured and the confluence point between the fourth distribution pipe and the first distribution pipe and that conducts ultrapure water to the source of ultrapure water”. Claim 5 is dependent upon claim 1, which recites “a first measuring unit installed in the first distribution pipe that measures a first amount of impurities contained in treated ultrapure water”. Claim 5 is deemed indefinite because the location of the “branches” is based upon an unknown location, i.e. “between the first measuring unit where the first amount is measured and the confluence point between the fourth distribution pipe and the first distribution pipe”.
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.
Claim(s) 1-6 is/are rejected under 35 U.S.C. 103 as being unpatentable over JP 2004122020 A (hereinafter JP 020) in view of US 20080116908 A1 (hereinafter US 908) and US 20050016929 A1 (US 929).
Regarding claim 1, JP 020 discloses an ultrapure water supply system (see JP+ 020 figures 1-2 and paragraphs 0001, 0017-0020, 0091/pages 27-28).
JP 020 discloses a treatment unit (see JP 020 impurity removing device (16), impurity removing device (24) or functional water production device (22) of figure 2 and paragraphs 0021-0023, 0028, 0064-0065, 0091) installed on a first distribution pipe (see JP 020 supply line (6) figure 2 and paragraphs 0025, 0027) that treats ultrapure water to produce treated ultrapure water; a first distribution pipe configured to receive ultrapure water from a source of ultrapure water and convey the ultrapure water to the treatment unit, and conduct the treated ultrapure water from the treatment unit to a cleaning apparatus (see JP 020 supply line (6) figure 2 and paragraphs 0025, 0027).
Regarding product and apparatus claims, when the structure recited in the reference is substantially identical to that of the claims, claimed properties or functions are presumed to be inherent. The Courts have held that it is well settled that where there is a reason to believe that a functional characteristic would be inherent in the prior art, the burden of proof then shifts to the applicant to provide objective evidence to the contrary. See In re Schreiber, 128 F.3d at 1478, 44 USPQ2d at 1478, 44 USPQ2d at 1432 (Fed. Cir. 1997) (see MPEP § 2112.01, I.). Herein, the structure of JP 020 is substantially identical to the claimed a) treatment unit and b) first distribution pipe of the present application, and therefore, the structure of JP 020 is presumed inherently capable of a) treating the ultrapure water and b) receiving ultrapure water from a source of ultrapure water and conveying the ultrapure water to the treatment unit, and conducting the treated ultrapure water from the treatment unit to a cleaning apparatus.
JP 020 discloses a second distribution pipe that branches from the first distribution pipe between the source of ultrapure water and the treatment unit and that conducts the ultrapure water toward the cleaning apparatus (see JP 020 return line (15), which may include portions of bypass line (17), pipe (19), pipe (18), OR line connecting supply line (6) to functional water production device (22), which may also include portions of bypass line (25), return line (23), pipe (27), pipe (28) of figure 2 and paragraphs 0035, 0036, 0066, 0067).
Annotated figures 1 and 2, as originally presented in the November 28, 2025, are herein presented to further assist in the understanding of JP 020 and the presently claimed system.
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JP 020 does not disclose a first water amount controller that is provided at a first branch portion at which the second distribution pipe branches from the first distribution pipe and controls flow of the ultrapure water from the first distribution pipe to the treatment unit to thereby control flow of the treated ultrapure water from the treatment unit to the cleaning apparatus; a second water amount controller that controls the ultrapure water that flows from the second distribution pipe to the cleaning apparatus; a first measuring unit installed in the first distribution pipe that measures a first amount of impurities contained in treated ultrapure water; a second measuring unit installed in the second distribution pipe that measures a second amount of impurities contained in the ultrapure water; a comparator that compares the first amount measured by the first measuring unit with the second amount measured by the second measuring unit; and a flow path controller that controls the first water amount controller and the second water amount controller to select between delivering either the ultrapure water on the first distribution pipe to the cleaning apparatus or the treated ultrapure water on the second distribution pipe to the cleaning apparatus based on the result of comparison in the comparator.
US 908 discloses a method and system for detecting contaminants in a liquid (see US 908 paragraph 0008, figures 1-2, 4-6). US 908 discloses that “contacting a sensor with a liquid, generating electrical information based upon a concentration of the contaminant in the liquid, transmitting the electrical information to a controller, and determining the concentration of a contaminant in the liquid” (see US 908 abstract and paragraph 0009). US 908 discloses that the system may use two or more sensors to transmit information to the controller, which can compare the various information inputs (see US 908 paragraphs 0075, 0081, 0084, 0089, 0091).
US 908 is considered to be analogous to the claimed invention because it is in the same field of endeavor, i.e. system/method of monitoring water system and/or system/method of determining contaminants within water in a water system.
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to incorporate multiple sensors, as disclosed in US 908, into the system and method of JP 020, and use a controller, as disclosed in US 908, to compare the various information inputs from said sensor, because it would assist with providing information to a user, and/or because it would assist with understanding the contaminant, if any, level of the ultrapure water, as disclosed in JP 020.
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to incorporate multiple sensors, as disclosed in US 908, into the system and method of JP 020, and use a controller, as disclosed in US 908, to compare the various information inputs from said sensor, and reasonably expect the resulting apparatus to work as the prior art intended, i.e. gather, store and/or compare information about the ultrapure water in the system.
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to incorporate multiple sensors, as disclosed in US 908, into the system and method of JP 020, and use a controller, as disclosed in US 908, to compare the various information inputs from said sensor, because JP 020 discloses that there is a known a problem regarding the presence of contaminants, such as fine particles, viable bacteria, metals and/or TOC, in ultrapure water traveling through a pipe system (see JP 020 paragraphs 0017) and US 908 provides a system and method for detecting and quantifying contaminants (see US 908 paragraph 0001).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to incorporate multiple sensors, as disclosed in US 908, into the system and method of JP 020, including between membrane (12) and supply line (6), because it would provide information about the effectiveness of generating ultrapure water; between supply line (6) and line (21), because it would provide information about the effectiveness of functional water production device (22); on return line (15) prior to and after impurity removal device (16) and bypass line (17) because it would provide information about the condition of the ultrapure water traveling within the return line (15) and whether or not to pass said water through the impurity removal device (16) or pass through the bypass line (17). One of ordinary skill in the art would be motivated to form sensors along multiple sensors in the various lines because the additional sensors would provide one of ordinary skill in the art with information about the quality of the water flowing through the system.
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to incorporate multiple sensors, as disclosed in US 908, into the system and method of JP 020, since it has been held that mere duplication of an element of an apparatus involves only routine skill in the art. MPEP 2144.04.VI.B. Like the apparatus at issue in In re Harza, 274 F.2d 669, 124 USPQ 378 (CCPA 1960).
There is no patentable significance of an additional sensors, which predictable provides one of ordinary skill in the art with additional information regarding the operating system, and does not produce any new and/or unexpected results.
Hence, JP 020 in view of US 908 is deemed to disclose an ultrapure water supply system, comprising a treatment unit installed on a first distribution pipe that treats ultrapure water to produce treated ultrapure water; a first distribution pipe configured to receive ultrapure water from a source of ultrapure water and convey the ultrapure water to the treatment unit, and conduct the treated ultrapure water from the treatment unit to a cleaning apparatus; a second distribution pipe that branches from the first distribution pipe between the source of ultrapure water and the treatment unit and that conducts the ultrapure water toward the cleaning apparatus.
JP 020 does not disclose a first water amount controller that is provided at a first branch portion at which the second distribution pipe branches from the first distribution pipe and controls flow of the ultrapure water from the first distribution pipe to the treatment unit to thereby control flow of the treated ultrapure water from the treatment unit to the cleaning apparatus; a second water amount controller that controls the ultrapure water that flows from the second distribution pipe to the cleaning apparatus; a first measuring unit installed in the first distribution pipe that measures a first amount of impurities contained in treated ultrapure water; a second measuring unit installed in the second distribution pipe that measures a second amount of impurities contained in the ultrapure water; a comparator that compares the first amount measured by the first measuring unit with the second amount measured by the second measuring unit; and a flow path controller that controls the first water amount controller and the second water amount controller to select between delivering either the ultrapure water on the first distribution pipe to the cleaning apparatus or the treated ultrapure water on the second distribution pipe to the cleaning apparatus based on the result of comparison in the comparator.
US 908 discloses a method and system for detecting contaminants in a liquid (see US 908 paragraph 0008, figures 1-2, 4-6). US 908 discloses that “contacting a sensor with a liquid, generating electrical information based upon a concentration of the contaminant in the liquid, transmitting the electrical information to a controller, and determining the concentration of a contaminant in the liquid” (see US 908 abstract and paragraph 0009). US 908 discloses that the system may use two or more sensors to transmit information to the controller, which can compare the various information inputs (see US 908 paragraphs 0075, 0081, 0084, 0089, 0091).
US 908 is considered to be analogous to the claimed invention because it is in the same field of endeavor, i.e. system/method of monitoring water system and/or system/method of determining contaminants within water in a water system.
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to incorporate multiple sensors, as disclosed in US 908, into the system and method of JP 020, and use a controller, as disclosed in US 908, to compare the various information inputs from said sensor, because it would assist with providing information to a user, and/or because it would assist with understanding the contaminant, if any, level of the ultrapure water, as disclosed in JP 020.
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to incorporate multiple sensors, as disclosed in US 908, into the system and method of JP 020, and use a controller, as disclosed in US 908, to compare the various information inputs from said sensor, and reasonably expect the resulting apparatus to work as the prior art intended, i.e. gather, store and/or compare information about the ultrapure water in the system.
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to incorporate multiple sensors, as disclosed in US 908, into the system and method of JP 020, and use a controller, as disclosed in US 908, to compare the various information inputs from said sensor, because JP 020 discloses that there is a known a problem regarding the presence of contaminants, such as fine particles, viable bacteria, metals and/or TOC, in ultrapure water traveling through a pipe system (see JP 020 paragraphs 0017) and US 908 provides a system and method for detecting and quantifying contaminants (see US 908 paragraph 0001).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to incorporate multiple sensors, as disclosed in US 908, into the system and method of JP 020, including between membrane (12) and supply line (6), because it would provide information about the effectiveness of generating ultrapure water; between supply line (6) and line (21), because it would provide information about the effectiveness of functional water production device (22); on return line (15) prior to and after impurity removal device (16) and bypass line (17) because it would provide information about the condition of the ultrapure water traveling within the return line (15) and whether or not to pass said water through the impurity removal device (16) or pass through the bypass line (17). One of ordinary skill in the art would be motivated to form sensors along the various lines because the additional sensors would provide one of ordinary skill in the art with information about the quality of the water flowing through the system.
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to incorporate multiple sensors, as disclosed in US 908, into the system and method of JP 020, since it has been held that mere duplication of an element of an apparatus involves only routine skill in the art. MPEP 2144.04.VI.B. Like the apparatus at issue in In re Harza, 274 F.2d 669, 124 USPQ 378 (CCPA 1960).
There is no patentable significance of an additional sensors, which predictable provides one of ordinary skill in the art with additional information regarding the operating system, and does not produce any new and/or unexpected results.
Hence, JP 020 in view of US 908 is deemed to disclose an ultrapure water supply system, comprising a treatment unit installed on a first distribution pipe that treats ultrapure water to produce treated ultrapure water; a first distribution pipe configured to receive ultrapure water from a source of ultrapure water and convey the ultrapure water to the treatment unit, and conduct the treated ultrapure water from the treatment unit to a cleaning apparatus; a second distribution pipe that branches from the first distribution pipe between the source of ultrapure water and the treatment unit and that conducts the ultrapure water toward the cleaning apparatus; a first measuring unit installed in the first distribution pipe that measures a first amount of impurities contained in treated ultrapure water; a second measuring unit installed in the second distribution pipe that measures a second amount of impurities contained in the ultrapure water; a comparator that compares the first amount measured by the first measuring unit with the second amount measured by the second measuring unit.
JP 020 in view of US 908 does not disclose first water amount controller that is provided at a first branch portion at which the second distribution pipe branches from the first distribution pipe and controls flow of the ultrapure water from the first distribution pipe to the treatment unit to thereby control flow of the treated ultrapure water from the treatment unit to the cleaning apparatus; a second water amount controller that controls the ultrapure water that flows from the second distribution pipe to the cleaning apparatus and a flow path controller that controls the first water amount controller and the second water amount controller to select between delivering either the ultrapure water on the first distribution pipe to the cleaning apparatus or the treated ultrapure water on the second distribution pipe to the cleaning apparatus based on the result of comparison in the comparator.
US 929 discloses method and system for supplying an ultra-pure fluid to a use point, such as a semiconductor DI water rinsing system (see US 929 figure 1, abstract, paragraphs 0017-0019, 0045). US 929 discloses that the method and system include the “the controller performing a check of system operating variables upon determining that the measured particle level and/or the measured ionic impurity level is above either of the predetermined particle threshold and/or the predetermined ionic impurity threshold. As mentioned above, the controller can check such system variables as flow rates, pump operability, megasonic source operability, etc” (see US 929 paragraph 0035; see also US 929 paragraphs 0026, 0057-0058). US 929 discloses that the controller is electrically and operably coupled to the sensor(s), valve(s) and pump(s) to control the flow of liquid through the system and the “controller 110 can receive and transmit data signals to and from these devices in real time. Controller 110 also contains a memory device having stored values for two set-points, an acceptable particle threshold and an acceptable ionic impurity threshold for the DI water. The threshold values can be inputted by a user and stored in the memory via input means such as a keyboard or other conventional means” (see US 929 paragraph 0058; see also US 929 paragraphs 0061, 0063-0064, 0066).
US 929 is considered to be analogous to the claimed invention because it is in the same field of endeavor, i.e. system/method of monitoring water system, including ultrapure water system, and/or system/method of determining contaminants within water, including ultrapure water, in a water system.
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to incorporate the controller as well as flow control elements, such as valve(s), pump(s), flow rate element(s), as disclosed in US 929, into the system of JP 020 in view of US 908, because it would assist with controlling the flow of ultrapure water within the system of JP 020 in view of US 908 based on the information provided by the sensors/controller of JP 020 in view of US 908.
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to incorporate the controller as well as flow control elements, such as valve(s), pump(s), flow rate(s), as disclosed in US 929, into the system of JP 020 in view of US 908, and reasonably expect the resulting apparatus to work as the prior art intended, i.e. control flow of water in the system.
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to modify the system of JP 020 in view of US 908 and US 929 with a plurality of flow control elements, such as pump(s) and valves, as disclosed in JP 020 in view of US 908 and US 929 since it has been held that mere duplication of an element of an apparatus involves only routine skill in the art. MPEP 2144.04.VI.B. Like the apparatus at issue in In re Harza, 274 F.2d 669, 124 USPQ 378 (CCPA 1960). There is no patentable significance of an additional flow control elements, such as pump(s) and valves, which predictable provides one of ordinary skill in the art with additional control of the movement of water through a system, and does not produce any new and/or unexpected results.
Further, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to modify the system of JP 020 in view of US 908 and US 929 to form a flow control elements, such as pump(s) and valves, a) at the return line/bypass line position so one of ordinary skill in the art would be able to control whether water travels the bypass line or travels through a device, i.e. impurity removal device or functional water production device and/or b) at the supply line (6) and line traveling to the functional water production device (22) so one of ordinary skill in the art would be able to control if water travels to the functional water production device (22) or travels towards the use point (7)/return line (15) and/or c) at the supply line (6) and/or the functional water supply line (21) to the use point (7) so one of ordinary skill in the art would be able to control that the water entering the use point (7) is uncontaminated.
One of ordinary skill in the art would use the data collected by the sensors and the comparator to obtain data about the condition(s), such as impurity level, of the water at a specific point in the system, and to use that data to determine the flow of said liquid through the system by controlling the control elements, such as the opening and closing of valves, which is controlled by the controller. It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to have the controller coupled to the comparator in the method and system of JP 020 in view of US 908 and US 929 because it would assist with determining if a threshold level has been reached and then to act upon that information by controlling the flow of liquid, such as the opening and closing of valves (see US 908 paragraph 0111; see US 929 abstract and paragraphs 0020, 0022, 0024-0026).
Hence, JP 020 in view of US 908 and US 929 is deemed to disclose an ultrapure water supply system, comprising a treatment unit installed on a first distribution pipe that treats ultrapure water to produce treated ultrapure water; a first distribution pipe configured to receive ultrapure water from a source of ultrapure water and convey the ultrapure water to the treatment unit, and conduct the treated ultrapure water from the treatment unit to a cleaning apparatus; a second distribution pipe that branches from the first distribution pipe between the source of ultrapure water and the treatment unit and that conducts the ultrapure water toward the cleaning apparatus; a first water amount controller that is provided at a first branch portion at which the second distribution pipe branches from the first distribution pipe and controls flow of the ultrapure water from the first distribution pipe to the treatment unit to thereby control flow of the treated ultrapure water from the treatment unit to the cleaning apparatus; a second water amount controller that controls the ultrapure water that flows from the second distribution pipe to the cleaning apparatus; a first measuring unit installed in the first distribution pipe that measures a first amount of impurities contained in treated ultrapure water; a second measuring unit installed in the second distribution pipe that measures a second amount of impurities contained in the ultrapure water; a comparator that compares the first amount measured by the first measuring unit with the second amount measured by the second measuring unit; and a flow path controller that controls the first water amount controller and the second water amount controller to select between delivering either the ultrapure water on the first distribution pipe to the cleaning apparatus or the treated ultrapure water on the second distribution pipe to the cleaning apparatus based on the result of comparison in the comparator.
Regarding claim 2, JP 020 in view of US 908 and US 929 discloses the invention as discussed above in claim 1. Further, JP 020 in view of US 908 and US 929 discloses a second branch portion that branches the second distribution pipe into a third distribution pipe for returning ultrapure water from the second distribution pipe toward the source of ultrapure water (see rejection of claim 1; see annotated figures 3-4 below).
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JP 020 in view of US 908 and US 929 discloses a fourth distribution pipe for conducting ultrapure water from the second distribution pipe to the cleaning apparatus, wherein the second water amount controller is provided at the second branch portion (see rejection of claim 1; see JP 020 lines connecting the functional water supply line (21) to the use point (7); see annotated figures 3-4 above).
Regarding claim 6, JP 020 in view of US 908 and US 929 discloses the invention as discussed above in claim 1. Further, JP 020 in view of US 908 and US 929 discloses the first measuring unit and the second measuring unit include an ion exchanger for capturing the impurities (see US 908 paragraphs 0043-0044).
Claim(s) 3 and 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over JP 020 in view of US 908 and US 929 as applied to claim 1 above, and further in view of CN 1526649 A (hereinafter CN 649).
Regarding claim 3, JP 020 in view of US 908 and US 929 discloses the invention as discussed above in claim 2. Further, JP 020 in view of US 908 and US 929 does not disclose a first valve for adjusting the amount of water flowing from the first distribution pipe to the treatment unit, and a second valve for adjusting the amount of water flowing from the first distribution pipe to the second distribution pipe, a third valve for adjusting the amount of water flowing from the second distribution pipe to the third distribution pipe, and a fourth valve for adjusting the amount of water flowing from the second distribution pipe to the fourth distribution pipe, and the flow path controller controls the opening and closing of each of the first valve, the second valve, the third valve, and the fourth valve.
While JP 020 in view of US 908 and US 929 renders obvious multiple flow control elements, including valve(s), JP 020 in view of US 908 and US 929 does not disclose the first water amount controller includes a first valve for adjusting the amount of water flowing from the first distribution pipe to the treatment unit, and a second valve for adjusting the amount of water flowing from the first distribution pipe to the second distribution pipe and JP 020 in view of US 908 and US 929 does not disclose the second water amount controller includes a third valve for adjusting the amount of water flowing from the second distribution pipe to the third distribution pipe, and a fourth valve for adjusting the amount of water flowing from the second distribution pipe to the fourth distribution pipe, and JP 020 in view of US 908 and US 929 does not disclosed the flow path controller controls the opening and closing of each of the first valve, the second valve, the third valve, and the fourth valve.
CN 649 discloses “an ultrapure water production system and an operating method thereof, which can quickly supply ultrapure water with stable water quality to the use site even after the filter element in its secondary pure water production system is replaced, and compared with the existing general system, the installation area and energy cost will not increase substantially” (see CN 649 paragraph 0014). CN 649 discloses “A valve V1 is provided on the outlet pipe 16a of the filter element 11a, and a valve V3 is provided on its branch pipe 17a. A valve V2 is provided on the outlet pipe 16b of the filter element 11b, and a valve V4 is provided on its branch pipe 17b. By switching these valves V1 to V4, the treated water of each filter element can be selectively supplied to the outlet pipe of any filter element, or further supplied to any membrane treatment device” (see CN 649 paragraph 0038; see also CN 649 figures 1-2 and paragraphs 0039, 0041, 0044 and 0053).
CN 649 is considered to be analogous to the claimed invention because it is in the same field of endeavor, i.e. system/method of monitoring and/or treating water system, including ultrapure water system.
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to incorporate the valve(s)/flow control configuration(s), as disclosed in CN 649, into the system of JP 020 in view of US 908 and US 929, because it would assist with controlling the flow of ultrapure water within the system of JP 020 in view of US 908 and US 929 based on the information provided by the sensors/controller of JP 020 in view of US 908 and US 929.
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to incorporate the valve(s)/flow control configuration(s), as disclosed in CN 649, into the system of JP 020 in view of US 908 and US 929, and reasonably expect the resulting apparatus to work as the prior art intended, i.e. control flow of water in the system.
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to incorporate the valve(s)/flow control configuration(s), as disclosed in CN 649, into the system of JP 020 in view of US 908 and US 929, since it has been held that mere duplication of an element of an apparatus involves only routine skill in the art. MPEP 2144.04.VI.B. Like the apparatus at issue in In re Harza, 274 F.2d 669, 124 USPQ 378 (CCPA 1960). There is no patentable significance of an additional flow control elements, such as valve(s), which predictable provides one of ordinary skill in the art with additional control of the movement of water through a system, and does not produce any new and/or unexpected results.
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to modify the system of JP 020 in view of US 908 and US 929 to form a first valve, second valve, third valve and/or fourth valve, as disclosed in CN 649, in various open and closed configuration(s) because it would control the flow of water flowing through the first distribution pipe to the treatment unit, the first distribution pipe to the second distribution pipe, the second distribution pipe to the third distribution pipe and the second distribution pipe to the fourth distribution pipe, so it would be one of ordinary skill in the art would be able to control whether water travels a bypass line or travels through a device.
It is noted that “for adjusting the amount of water flowing” and the opening/closing of a valve is deemed functional language. That is, it is noted that the location of each of the claimed valve limitation, i.e. first valve through fourth valve, is defined in terms of functional language, i.e. “for adjusting the amount of water flowing” and the opening and closing of each valve. It is not defined in terms of a specific structural location within/on the distribution pipe(s). Additionally, the system of JP 020 in view of US 908, US 929 and CN 649 is a closed circuit system. The opening and closing of valve(s) at various locations on a pipe would necessarily have at some impact on the flow of water within pipeline of the system, which would be “adjusting the amount of water flowing” and the opening/closing of a valve.
Regarding claim 4, JP 020 in view of US 908, US 929 and CN 649 discloses the invention as discussed above in claim 3. Further, JP 020 in view of US 908, US 929 and CN 649 discloses the flow path controller places the first valve, the second valve, and the third valve in the open state and the fourth valve in the closed state when the first amount is less than the second amount and the difference between the first amount and the second amount is equal to or greater than a predetermined value, and otherwise places the first valve and the third valve in the closed state and the second valve and the fourth valve in the open state (see rejection of claims 1-3).
The system of JP 020 in view of US 908, US 929 and CN 649 is capable of achieving a state wherein the flow path controller places the first valve, the second valve, and the third valve in the open state and the fourth valve in the closed state when the first amount is less than the second amount and the difference between the first amount and the second amount is equal to or greater than a predetermined value, and otherwise places the first valve and the third valve in the closed state and the second valve and the fourth valve in the open state. Regarding product and apparatus claims, when the structure recited in the reference is substantially identical to that of the claims, claimed properties or functions are presumed to be inherent. The Courts have held that it is well settled that where there is a reason to believe that a functional characteristic would be inherent in the prior art, the burden of proof then shifts to the applicant to provide objective evidence to the contrary. See In re Schreiber, 128 F.3d at 1478, 44 USPQ2d at 1478, 44 USPQ2d at 1432 (Fed. Cir. 1997) (see MPEP § 2112.01, I.). Herein, the structure of JP 020 is substantially identical to the claimed flow path controller, first valve, second valve, third valve and fourth valve of the present application, and therefore, the structure of JP 020 is presumed inherently capable of placing the first valve, the second valve, and the third valve in the open state and the fourth valve in the closed state when the first amount is less than the second amount and the difference between the first amount and the second amount is equal to or greater than a predetermined value, and otherwise places the first valve and the third valve in the closed state and the second valve and the fourth valve in the open state.
Claim(s) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over JP 020 in view of US 908 and US 929 as applied to claim 6 above, and further in view of WO 2020080461 A1 (hereinafter WO 461; see machine generated English language translation for citations).
Regarding claim 7, JP 020 in view of US 908 and US 929 discloses the invention as discussed above in claim 6. Further, JP 020 in view of US 908 and US 929 does not disclose the ion exchanger is a monolithic ion exchanger.
WO 461 discloses a water quality management method and system that controls the impurity concentration in ultrapure water (see WO 461 figures 1-4 and abstract). WO 461 discloses an ion adsorption device for analyzing the quality of the water (see WO 461 pages 6-7). WO 461 discloses “in order to prevent the pressure difference between the inlet and the outlet from increasing even when water is passed at a high flow rate, and to prevent a short path where the water to be analyzed flows by short-circuiting the ion exchanger. In addition, as the ion adsorbent 24, it is preferable to use a monolithic organic porous ion exchanger” (see WO 461 pages 6-7).
WO 461 is considered to be analogous to the claimed invention because it is in the same field of endeavor, i.e. system/method of monitoring and/or treating water system, including ultrapure water system.
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to modify the system of JP 020 in view of US 908 and US 929 by incorporating an ion adsorption device with a monolithic organic porous ion exchanger, as disclosed in WO 461, because it would assist with analyzing the quality of the water and/or because it would measure impurities.
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to modify the system of JP 020 in view of US 908 and US 929 by incorporating an ion adsorption device with a monolithic organic porous ion exchanger, as disclosed in WO 461, and reasonably expect the resulting apparatus to work as the prior art intended, i.e. analyze quality of water.
Claim(s) 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over JP 020 in view of US 908 and US 929 as applied to claim 1 above, and further in view of WO 2012073594 A1 (hereinafter WO 594).
Regarding claim 8, JP 020 in view of US 908 and US 929 discloses the invention as discussed above in claim 1. Further, JP 020 in view of US 908 and US 929 does not disclose the first measuring unit and the second measuring unit include a filtration membrane and a centrifugal filtration mechanism capable of capturing fine particles having a diameter of 10 nm or more as the impurities.
WO 594 discloses a method and system of trapping fine particles in an ultrapure water system, wherein “a method for measuring fine particle concentration in the ultra-pure water, using said system for trapping fine particles in ultra-pure water” (see WO 594 abstract). WO 594 discloses a particulate trapping system in ultrapure water comprising a centrifugal filtration device comprising a filter (see WO 594 pages 5-6 and figure 3). WO 549 discloses “particulates in ultrapure water are captured by a filter in the centrifugal filtration device 10, sample water made of ultrapure water is pressed against the surface of the filter by centrifugal force. It is preferable to be filtered. Thereby, the fine particles in the ultrapure water are captured by the filter surface. As a result, after filtering a predetermined amount of ultrapure water, the filter is removed from the centrifugal filtration device 10, dried, and then the surface thereof is observed with an SEM or the like to count the number of fine particles. The concentration can be measured with high accuracy” (see WO 549 pages 5-6).
WO 549 is considered to be analogous to the claimed invention because it is in the same field of endeavor, i.e. system/method of monitoring water system, including ultrapure water system, and/or system/method of determining contaminants within water in a water system.
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to modify the system of JP 020 in view of US 908 and US 929 by incorporating a centrifugal filtration device comprising a filter, as disclosed in WO 549, because it would assist with determining the quality of the water/ultrapure water and/or because it would assist with determining the impurities, if any, in water.
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to modify or substitute the measuring units in the system of JP 020 in view of US 908 and US 929 with a centrifugal filtration device comprising a filter, as disclosed in WO 549, because the simple substitution of one known element for another is likely to be obvious when predictable results are achieved. See KSR International Co. v. Teleflex Inc., 550 U.S. 398, 415-421, USPQ2d 1385, 1395 – 97 (2007) (see MPEP § 2143, B.). This substitution would yield the predictable result of measuring impurities in water.
Claim(s) 9 and 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over JP 020 in view of US 908 and US 929 as applied to claim 1 above, and further in view of WO 2019188963 A1 (hereinafter WO 963).
Regarding claim 9, JP 020 in view of US 908 and US 929 discloses the invention as discussed above in claim 1. Further, JP 020 in view of US 908 and US 929 discloses a treatment unit (see rejection of claim 1). JP 020 in view of US 908 and US 929 discloses the treatment unit can be “an ion exchange treatment, a membrane treatment, and an activated carbon treatment, and one of these treatments may be performed or a combination of two or more treatments may be performed” (see JP 020 paragraph 0021; see also JP 020 paragraphs 0023, 0034 and 0068). JP 020 in view of US 908 and US 929 does not disclose a plurality of removal members connected to each other in parallel that remove the impurities from the ultrapure water flowing into the treatment unit.
WO 963 discloses “an ultrapure-water production system that has an ultrafiltration membrane device and makes it possible to shorten the time that it takes for the ultrapure-water production system to be started; and an operation method for the ultrapure-water production system” (see WO 963 abstract and figure 1). WO 963 discloses “in parallel two or more ultrafiltration membrane units which consist of two ultrafiltration membrane apparatuses connected in series”, “ultrafiltration membrane unit which consists of two ultrafiltration membrane apparatuses connected in series, it is the schematic showing the structure which has the ultrafiltration membrane module in which one stage ultrafiltration membrane apparatus was arranged in parallel” and “Two or more ultrafiltration membrane units composed of two ultrafiltration membrane devices connected in series are connected in parallel, and a configuration having an ultrafiltration membrane module in which a plurality of one-stage ultrafiltration membrane devices are arranged in parallel is represented” (see WO 963 page 36; see also WO 963 figures 12-14 and pages 31-34).
WO 963 is considered to be analogous to the claimed invention because it is in the same field of endeavor, i.e. system/method of generating ultrapure water, and/or system/method of determining contaminants within water, including ultrapure water, in a water system.
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to modify and/or substitute the treatment unit, as disclosed in JP 020 in view of US 908 and US 929, with the two or more ultrafiltration membrane unit configurations, as disclosed in WO 963, which includes a parallel configuration, because it would assist with the removal of impurities in water and/or because it would assist with generating ultrapure water.
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to modify and/or substitute the treatment unit, as disclosed in JP 020 in view of US 908 and US 929, with the two or more ultrafiltration membrane unit configurations, as disclosed in WO 963, which includes a parallel configuration, and reasonably expect the resulting apparatus to work as the prior art intended, i.e. generate ultrapure water.
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to modify and/or substitute the treatment unit, as disclosed in JP 020 in view of US 908 and US 929, with the two or more ultrafiltration membrane unit configurations, as disclosed in WO 963, which includes a parallel configuration, because JP 020 in view of US 908 and US 929 discloses using a treatment unit that may be a membrane treatment component used in a combination of two or more and WO 963 discloses a combination of two or more membrane treatment components used to generate ultrapure water. The simple substitution of one known element for another is likely to be obvious when predictable results are achieved. See KSR International Co. v. Teleflex Inc., 550 U.S. 398, 415-421, USPQ2d 1385, 1395 – 97 (2007) (see MPEP § 2143, B.). This substitution yields the predictable result of generating ultrapure water.
JP 020 in view of US 908, US 929 and WO 963 discloses sixth valves that cause the ultrapure water to flow to any one removal member of the plurality of removal members (see WO 963 figure 12 and page 12; see also rejection of claims 1 & 3).
Additionally, regarding product and apparatus claims, when the structure recited in the reference is substantially identical to that of the claims, claimed properties or functions are presumed to be inherent. The Courts have held that it is well settled that where there is a reason to believe that a functional characteristic would be inherent in the prior art, the burden of proof then shifts to the applicant to provide objective evidence to the contrary. See In re Schreiber, 128 F.3d at 1478, 44 USPQ2d at 1478, 44 USPQ2d at 1432 (Fed. Cir. 1997) (see MPEP § 2112.01, I.). Herein, the structure of JP 020 in view of US 908, US 929 and WO 963 is substantially identical to the claimed sixth valve of the present application, and therefore, the structure of JP 020 in view of US 908, US 929 and WO 963 is presumed inherently capable of causing the ultrapure water to flow to any one removal member of the plurality of removal members.
Regarding claim 10, JP 020 in view of US 908, US 929 and WO 963 discloses the invention as discussed above in claim 9. Further, JP 020 in view of US 908 and US 929 and WO 963 discloses the flow path controller, based on the result of comparison between the first amount and the second amount in the comparator, controls the sixth valves so as to switch the removal member through which the ultrapure water flows (see rejection of claims 1, 3, 9)
Additionally, regarding product and apparatus claims, when the structure recited in the reference is substantially identical to that of the claims, claimed properties or functions are presumed to be inherent. The Courts have held that it is well settled that where there is a reason to believe that a functional characteristic would be inherent in the prior art, the burden of proof then shifts to the applicant to provide objective evidence to the contrary. See In re Schreiber, 128 F.3d at 1478, 44 USPQ2d at 1478, 44 USPQ2d at 1432 (Fed. Cir. 1997) (see MPEP § 2112.01, I.). Herein, the structure of JP 020 in view of US 908, US 929 and WO 963 is substantially identical to the claimed flow path controller of the present application, and therefore, the structure of JP 020 in view of US 908, US 929 and WO 963 is presumed inherently capable of controlling the sixth valves so as to switch the removal member through which the ultrapure water flows based on a result of comparison between the first amount and the second amount in the comparator.
Claim Objections
Claim 5 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.
Response to Arguments
Applicant's amendments and arguments filed March 2, 2026 have been fully considered but they are not persuasive. The Examiner's remarks to Applicants' arguments are herein incorporated into the rejections presented below. Additional remarks are herein represented.
In the response, it was argued that the combination of prior art does not render obvious the claimed “a flow path controller that controls the first water amount controller and the second water amount controller to select between delivering either the ultrapure water on the first distribution pipe to the cleaning apparatus or the treated ultrapure water on the second distribution pipe to the cleaning apparatus based on the result of comparison in the comparator” (see Response page 12). This argument is deemed unpersuasive.
US 908 discloses that the system may use two or more sensors to transmit information to the controller, which can compare the various information inputs (see US 908 paragraphs 0075, 0081, 0084, 0089, 0091). US 929 discloses “the controller performing a check of system operating variables upon determining that the measured particle level and/or the measured ionic impurity level is above either of the predetermined particle threshold and/or the predetermined ionic impurity threshold. As mentioned above, the controller can check such system variables as flow rates, pump operability, megasonic source operability, etc” (see US 929 paragraph 0035; see also US 929 paragraphs 0026, 0057-0058). One of ordinary skill in the art would use the data collected by the sensors and the comparator to obtain data about the condition(s), such as impurity level, of the water at a specific point in the system, and to use that data to determine the flow of said liquid through the system by controlling the control elements, such as the opening and closing of valves, which is controlled by the controller. It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to have the controller coupled to the comparator in the method and system of JP 020 in view of US 908 and US 929 because it would assist with determining if a threshold level has been reached and then to act upon that information by controlling the flow of liquid, such as the opening and closing of valves (see US 908 paragraph 0111; see US 929 abstract and paragraphs 0020, 0022, 0024-0026).
In the response, it was argued that the Office Action failed to render obvious a second flow pipe pathway that bypasses the treatment unit and deliver untreated ultrapure water to the cleaning apparatus (see Response page 13). This argument is deemed unpersuasive. Claim 1 recites “comprising” as a transitional term, which does not exclude additional, unrecited elements or method steps (see MPEP 2111.03, I). Thus, secondary treatment elements or other elements are not excluded. Additionally, liquid is not an element of the claimed system.
Conclusion
THIS ACTION IS MADE FINAL. 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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BERNADETTE K MCGANN whose telephone number is (571)272-5367. The examiner can normally be reached M-F 7:00 am -3:30 pm (EST).
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/BERNADETTE KAREN MCGANN/ Examiner, Art Unit 1773
/BENJAMIN L LEBRON/ Supervisory Patent Examiner, Art Unit 1773
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