DETAILED ACTION
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(b)
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.
Claim 3 is 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 3 remain indefinite because the limitation of “the porous diffusion member” as discussed in the Non-Final Rejection. Please make sure to correct all the indefiniteness issue before resubmitting.
Applicant are advised that the claims are replete with arbitrarily switching between plural and single terms. Please carefully check and proof read before resubmitting the claims.
Claim Rejections - 35 USC § 102(a)(1)
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.
The claims are rejected as follows:
Claim 11 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by Chiu et al., US 2022/0100080 A1 (“Chiu”).
Regarding claim 11:
Chiu discloses that a gas filter device (Chiu’s upper diffusion inducing component 229, Chiu Fig. 2A, [0054]), detachably mounted onto a reticle carrier (Chiu’s seat cover 221, Chiu Fig. 2A, [0054]). Chiu discloses that the gas filter device 229 comprising: a porous diffusion member (as shown in Chiu’s Fig. 2A, the center portion of diffuse inducing component 229 is a mesh, which would read on the porous diffusion member, Chiu Fig. 2A, [0055]), having a panel (see annotated Fig. 2A of Chiu) and a plurality of connecting members 3 located on an outer edge of the panel (see annotated Fig. 2A of Chiu), the plurality of connecting members (as annotated in Chiu’s Fig. 2A below) respectively coordinating with a plurality of locking members (screws) such that the porous diffusion member is detachably connected to the reticle carrier (221 of Chiu) by the plurality of connecting members, Chiu Fig. 2B, [0055]. Chiu discloses an internal accommodation space (space accommodating R2 as shown in Fig. 2B) of the reticle carrier (221 of Chiu) communicates with an outside of the reticle carrier through the porous diffusion member. Chiu Fig. 2B, [0055].
Chiu also discloses that the panel and the plurality of connecting members of the porous diffusion member are integrally formed (as shown in annotated Fig. 2A below).
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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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
The claims are rejected as follows:
Claims 1–4 and 10 are rejected under 35 U.S.C. 103 as being obvious over Chiu in view of Prax, US 2014/0150658 A1 (“Prax”).
Regarding claim 1:
Chiu discloses that a gas filter device (Chiu’s diffuse port assembly 327a), detachably mounted onto a reticle carrier (Chiu’s work piece container system 100, which carries workpiece reticle). Chiu Figs. 1and 3, [0065] and [0024]. Chiu discloses that the gas filter device 327a comprising a frame (Chiu’s main body 322a), having at least one hollow (Chiu’s ports 327b). Chiu Fig. 3, [0065]. Chiu discloses that the frame 322a detachably connected to the reticle carrier100. Chiu Fig. 1 and Fig. 3, [0024] and [0072].
Chiu discloses that at least one porous diffusion member (Chiu’s filter membrane 327c), having a shape matching the at least one hollow 327b of the frame 322a, such that an internal accommodation space of the reticle carrier (space between Chiu’s seat member 322 and its corresponding seat cover) communicates with an outside of the reticle carrier through the at least one porous diffusion member 327c. Chiu Figs. 1 and 3, [0025] and [0064].
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Chiu does not explicitly disclose that the at least one porous diffusion member being fixed loaded in the frame to thereby securing the at least one porous diffusion member to the frame.
In the analogous art of air filtering systems, Prax discloses a similar disc like porous diffusion member (Prax’s filter pad 12, Prax Fig. 3, [0069]) loaded onto a frame member (Prax’s frame 34, Prax Fig. 3, [0084]). Prax discloses its frame includes an adhesive layer on one side in contact with filter to secure to the frame, Prax [0104]. It would therefore have been obvious for one ordinary skill in the art at the time of filing to include an adhesive layer on Chiu’s frame to help secure the at least one porous diffusion member to the frame because such design is known in the air filtration art to secure a disc shaped filter to frame. Additionally, a person of ordinary skill in the art would be motived to include such adhesive layer as disclosed by Prax to prevent filter fall out of the frame when the cover is detached during the installation of new porous diffusion members to prevent contamination of the diffusion member.
Regarding claim 2:
Modified Chiu discloses that the gas filter device according to claim 1, wherein the frame 322a has a plurality of hollows 327b in an arrangement of central symmetric. Chiu Fig. 3, [0065].
Regarding claim 3:
Modified Chiu discloses that the gas filter device according to claim 1, wherein the frame 322a has an outer skeleton and at least one inner skeleton connected to the outer skeleton (see annotated Fig. 3). Chiu annotated Fig. 3. Chiu discloses that the outer skeleton and the at least one inner skeleton define the hollow in between (as shown in annotated Fig. 3, the hollows are located in between outer and inner skeleton). Chiu annotated Fig. 3. Chiu discloses that the outer skeleton comprises a plurality of connecting members which individually coordinates with a locking member such that the outer skeleton is detachably connected to a cover of the reticle carrier (Chiu discloses its seat cover and seat member are configured to engage at a peripheral region, and Chiu’s Fig. 5 shows a seat member 521 with screw holes, the screws holes would read on the claimed “plurality of connecting members, which would individually connect with a screw, and the screw would read on the claimed “locking member.”). Chiu Figs. 3 and 5, [0028]. Chiu also discloses that the at least one inner skeleton engages with the porous diffusion member (Chiu’s inner skeleton supports the porous diffusion member 327c). Chiu annotated Fig. 3.
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Regarding claim 4:
Modified Chiu discloses that the gas filter device according to claim 3, wherein an inside of the inner skeleton comprises at least one coupling member (see annotated Fig. 3 below), which restricts edges of the porous diffusion member 327c to prevent the porous diffusion member from detaching from the hollow (Chiu’s coupling member cooperate with retaining member 327e to prevent the at least one porous diffusion member from detaching from the hollow). Chiu annotated Fig. 3, [0065].
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Regarding claim 10:
Modified Chiu discloses that a reticle carrier 220’, comprising a cover 222’, a base 221’, and the gas filter device 327a according to claim 1, wherein the gas filter device 327a is detachably connected to the cover 322a (which is alternative embodiment of 222’). Chiu Fig. 2B and 3, [0050] and [0063].
Claim 7 is rejected under 35 U.S.C. 103 as being obvious over Chiu in view of Prax as applied to claim 1, and further in view of Halbmaier et al., US 2006/0266011 A1 (“Halbmaier”).
Regarding claim 7:
Modified Chiu discloses that the gas filter device according to claim 1, wherein the at least one porous diffusion member 327c has an upper surface, a lower surface, and a thickness extending between the upper surface and the lower surface (Chiu’s porous diffusion member 327c is a circular pad, which would have an upper surface, a lower surface and a thickness). Chiu Fig. 3.
Modified Chiu does not disclose that the thickness ranges between 0.1 mm and 3.0 mm.
Similar to modified Chiu, Halbmaier discloses a reticle carrier 100 comprising a filter 232. Halbmaier Fig. 2, [0029]. Halbmaier discloses that a thickness 290 of the filter 232 is associated with “high-surface area,” which refers to the effective surface area of the total filter media available for filtration. Halbmaier Fig. 11, [0035]. It is therefore understood that filter thickness is a result effective variable because it affects the effective surface area. It would therefore have been obvious for one ordinary skill in the art at the time of filing to optimize the thickness of Chiu’s porous diffusion member 327c to be within the claimed range because the thickness affects the effective surface area. MPEP 2144.05(II).
Additionally, the instant disclosure does not teach the claimed panel thickness is critical to the operation of the claimed invention. Therefore, absent evidence of criticality, this difference fails to patentably distinguish over prior art because it produces a difference in degree rather than in kind. MPEP 2044.05 (III)(A).
Claims 8–9 are rejected under 35 U.S.C. 103 as being obvious over Chiu in Parx as applied to claim 1, and in further view of Park et al., US 2012/0000845 A1 (“Park”).
Regarding claim 8:
It is noted that this limitation is directed to Product-by-Process claim. Product-by-Process claims are not limited to the manipulations of the recited steps, only the structure implied by the steps. MPEP 2113(I). Therefore, the recited steps are given patentable weight only insofar as it impacts the structure of the filter member. Here, the porous diffusion member has a pore or average pore diameter range between 0.1 to 10 microns. Spec. [0046]. The examiner is interpreting that the recited process will produce a porous filter member with a pore size range between 0.1 to 10 microns.
Modified Chiu does not disclose that the gas filter device according to claim 1, wherein the at least one porous diffusion member is formed by means of sintering a porous powder at a sintering temperature ranging between 210 °C and 240 °C.
Similar to modified Chiu, Park discloses an air filter material. Park Fig. 1, [0060]. Park discloses its air filter material is made by sintering carbon nanostructure metal particles. Park [0014]. Park discloses a sintering temperature between 100 to 700 0C. Park [0053]. Park discloses its filter has a pore size of 0.1 to 500 nm (equivalent to 0.5 microns). Park claim 4. Park discloses its filter material effectively remove air pollution. Park [0058]. It would therefore have been obvious for one ordinary skill in the art at the time of filing for Chiu’s porous diffusion member to be formed using Parking sintering method because Park discloses its filter effectively removes air pollution. Additionally, simple substitution of one known element for another to obtain predictable results support a conclusion of obviousness. MPEP 2141(III)(B).
Regarding claim 9:
Modified Chiu does not disclose that the gas filter device according to claim 1, wherein a diameter of each pore or an average pore diameter of the at least one porous diffusion member ranges between 0.1 µm and 10 µm.
As discussed in claim 8, it would therefore have been obvious for one ordinary skill in the art at the time of filing for Chiu’s porous diffusion member to be formed using Park’s sintering method because Park discloses its filter effectively removes air pollution. Park’s filter has a pore size of 0.1 to 500 nm. Park claim 1. 500 nm is equivalent to 0.5 microns, and therefore, falls within the claimed range and support a prima facie case of obviousness.
Claim 12 is rejected under 35 U.S.C. 103 as being obvious over Chiu in view of Halbmaier.
Regarding claim 12:
Chiu discloses that the gas filter device according to claim 11, wherein the panel of the porous diffusion member has an upper surface, a lower surface, and a thickness extending between the upper surface and the lower surface (as shown in Chiu’s Fig. 2B, [0054]).
Chiu does not explicitly disclose that the panel has a thickness range between 0.1 mm and 3.0 mm. However, as discussed in claim 7, filter (diffusion member) thickness is a result effective variable because it affects the effective surface area. It would therefore have been obvious for one ordinary skill in the art at the time of filing to optimize the thickness of Chiu’s panel to be within the claimed range because the thickness affects the effective surface area. MPEP 2144.05(II).
Additionally, the instant disclosure does not teach the claimed panel thickness is critical to the operation of the claimed invention. Therefore, absent evidence of criticality, this difference fails to patentably distinguish over prior art because it produces a difference in degree rather than in kind. MPEP 2044.05 (III)(A).
Claims 13–15 are rejected under 35 U.S.C. 103 as being obvious over Chiu in view of Park.
Regarding claim 13:
It is noted that this limitation is directed to Product-by-Process claim. Product-by-Process claims are not limited to the manipulations of the recited steps, only the structure implied by the steps. MPEP 2113(I). Therefore, the recited steps are given patentable weight only insofar as it impacts the structure of the filter member. Here, the claimed panel and the porous diffusion members is essentially porous diffusion member. And the instant disclosure discloses that the porous diffusion member has a pore or average pore diameter range between 0.1 to 10 microns. Spec. [0046]. The examiner is therefore interpreting that the recited process will produce a porous filter member with a pore size range between 0.1 to 10 microns.
Chiu does not disclose that the gas filter device according to claim 11, wherein the panel and the plurality of connecting members of the porous diffusion member is formed by means of sintering a porous powder at a sintering temperature ranging between 210 °C and 240 °C.
Similar to Chiu, Park discloses an air filter material. Park Fig. 1, [0060]. Park discloses its air filter material is made by sintering carbon nanostructure metal particles. Park [0014]. Park discloses a sintering temperature between 100 to 700 0C. Park [0053]. Park discloses its filter has a pore size of 0.1 to 500 nm (equivalent to 0.5 microns). Park claim 4. Park discloses its filter material effectively remove air pollution. Park [0058]. It would therefore have been obvious for one ordinary skill in the art at the time of filing for Chiu’s porous diffusion member to be formed using Parking sintering method because Park discloses its filter effectively removes air pollution. Additionally, simple substitution of one known element for another to obtain predictable results support a conclusion of obviousness. MPEP 2141(III)(B).
Regarding claim 14:
Chiu does not disclose that the gas filter device according to claim 11, wherein a diameter of each pore or an average pore diameter of the at least one porous diffusion member ranges between 0.1 µm and 10 µm.
As discussed in claim 8, it would therefore have been obvious for one ordinary skill in the art at the time of filing for Chiu’s porous diffusion member to be formed using Park’s sintering method because Park discloses its filter effectively removes air pollution. Park’s filter has a pore size of 0.1 to 500 nm. Park claim 1. 500 nm is equivalent to 0.5 microns, and therefore, falls within the claimed range and support a prima facie case of obviousness.
Regarding claim 15:
Chiu discloses that a reticle carrier (as shown in Fig. 2A, Chiu Fig. 2A, [0050]). Chiu discloses that the reticle carrier comprising a cover (Chiu’s cover 221, Chiu Fig. 2A, [0050]) and a base (Chiu’s seat member 222, Chiu Fig. 2A, [0050]), defining an accommodation space (space accommodating R2). Chiu Fig. 2A, [0050].
Chiu discloses a gas filter device (Chiu’s upper diffuse inducing component 229) detachably mounted onto the cover (229 of Chiu, Chiu Fig. 2A, [0054]). Chiu discloses that the gas filter device (229 of Chiu) comprising at least one porous diffusion member (mesh portion of Chiu’s component 229, Chiu Fig. 2A, [0054), having a plurality of connecting members (see annotated Fig. 2A of Chiu in claim 11), the at least one porous diffusion member (as part of Chiu’s component 229) detachably connected to the cover (221 of Chiu) by the plurality of connecting members (as shown in Chiu’s Fig. 2A), such that the accommodation space communicates with an outside of the reticle carrier through the at least one porous diffusion member (best shown in Chiu’s Fig. 2B). Chiu Figs. 2A and 2B, [0054]–[0055].
Chiu does not disclose that the at least one porous diffusion member formed by means of sintering a porous powder.
As discussed in claim 8, it would therefore have been obvious for one ordinary skill in the art at the time of filing for Chiu’s porous diffusion member to be formed using Park’s sintering method because Park discloses its filter effectively removes air pollution.
Claim 16 is rejected under 35 U.S.C. 103 as being obvious over Chiu in view of Park, and in further view of Prax.
Regarding claim 16:
Chiu discloses that a reticle carrier 100. Chiu Fig. 1, [0024]. Chiu discloses that the reticle carrier 100 comprising a cover 112 and a base 111, defining an accommodation space (as shown in Fig. 1). Chiu Fig. 1, [0035]. Chiu also discloses a frame 122, detachably mounted onto the cover 112, the frame 122 (mapped to its alternative 322) comprising an outer skeleton and an inner skeleton (see annotated Fig. 3 in claim 3), defining at least one hollow 327f, the hollow 327f for being filled with a porous diffusion member 327c formed by sintering a porous powder (product by process claim, addressed in claim 8).
Chiu does not disclose that the porous diffusion member is fixedly loaded in the frame to secure the porous diffusion member within the at least one hollow.
In the analogous art of air filtering systems, Prax discloses a similar disc like porous diffusion member (Prax’s filter pad 12, Prax Fig. 3, [0069]) loaded onto a frame member (Prax’s frame 34, Prax Fig. 3, [0084]). Prax discloses its frame includes an adhesive layer on one side in contact with filter to secure to the frame, Prax [0104]. It would therefore have been obvious for one ordinary skill in the art at the time of filing to include an adhesive layer on Chiu’s frame to help secure the at least one porous diffusion member to the frame because such design is known in the air filtration art to secure a disc shaped filter to frame with the at least one hollow. Additionally, a person of ordinary skill in the art would be motived to include such adhesive layer as disclosed by Prax to prevent filter fall out of the frame when the cover is detached during the installation of new porous diffusion members to prevent contamination of the diffusion member.
Allowable Subject Matter
Claims 5–6 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Regarding claim 5:
Chiu discloses that the gas filter device according to claim 4, wherein the inside of the inner skeleton comprises at least one support member (solid portion of the mesh holes of the inner skeleton) connected to the coupling member. Chiu annotated Fig. 3 in claims 3 and 4.
Chiu does not disclose that the support member is embedded in the porous diffusion member to prevent the porous diffusion member from detaching from the hollow. Chiu’s support member provides support from a side, and Chiu relies on retaining member 327e to prevent the porous diffusion member from detaching from hollow. it would therefore have not been obvious for one ordinary skill in the art at the time of filing to modify the support member to be embedded in the porous diffusion member because it makes replacing the diffusing member difficult. Additionally, none of the prior art teaches the claimed embedded configuration.
Regarding claim 6:
It is noted that the limitation of “the porous diffusion member is engaged with the least one coupling member of the inner skeleton by means of sintering” is directed to Product-by-Process claim. Product-by-Process claims are not limited to the manipulations of the recited steps, only the structure implied by the steps. MPEP 2113(I). Therefore, the recited steps are given patentable weight only insofar as it impacts the structure of the filter member. Here, the published disclosure (hereinafter “Spec.”) discloses that “[[W]]when the porous powder is filled in the hollow (313), sintered and molded, the coupling member (316) and the bridge connection structure thereof are both embedded into the porous diffusion member (32), thereby preventing the porous diffusion member (32) from detaching.” Spec. [0049] and Fig. 2H. In view of this, the Product-by-Process limitation is interpreted to look like Fig. 2H, where the coupling member 316 is embedded in the diffusion member.
Chiu discloses that the gas filter device according to claim 4, wherein the at least one coupling member and an upper surface or a lower surface of the frame appear as a discontinuous stepped structure (as shown in annotated Fig. 3 in claim 4, the coupling member is a recess on the frame structure 322a, and therefore, forming a discontinuous stepped structure). Chiu annotated Fig. 3.
However, Chiu does not disclose that the porous diffusion member is engaged with the least one coupling member of the inner skeleton by means of sintering because Chiu’s coupling member is not embedded in the porous diffusion member 327c. It would therefore have been obvious for one ordinary skill in the art at the time of filing to modify the support member to be embedded in the porous diffusion member because it makes replacing the diffusing member difficult. Additionally, none of the prior art teaches the claimed embedded configuration.
Response to Arguments
Claim Rejections - 35 USC § 112(b)
The examiner maintains the rejections to claim 3 because the applicant did not amend the claims to overcome the current rejection.
Claim Rejections - 35 USC § 102(a)(1)
The examiner withdraws the current rejection in view of the amendment, and applicant’s argument is therefore moot.
Claim Rejections - 35 USC § 103
In view of the amendment, the examiner introduces a new reference, Prax. Details are provided above. The new reference rending applicant’s arguments in Applicant Rem. dated Dec. 30, 2025 (“Applicant Rem.”) ps. 7–11 moot.
Regarding independent claim 11, in view of applicant’s arguments, the rejection of claim 11 now solely depends on Chiu’s alternative embodiment Fig. 2A and 2B. As presented in the rejection section above, Chiu anticipates claim 11. Applicant’s arguments (Applicant Rem. ps. 11–13) regarding the 103 rejection is therefore moot.
Claim 15 now depends on Chiu’s embodiment shown in Fig. 2A and 2B, Applicant’s argument regarding Chiu’s figure 3 is therefore moot.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to QIANPING HE whose telephone number is (571)272-8385. The examiner can normally be reached on 7:30-5:00 M-F.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jennifer Dieterle can be reached on (571) 270-7872. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Qianping He/Examiner, Art Unit 1776