DETAILED ACTION
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 1/29/2026 has been entered.
This action is in response to the response dated 1/29/2026 that was entered with the submission of the request for continued examination dated 1/29/2026. Claims 1, 2, 14, 15, 27, 31, 34, 118 and 119 are currently amended. Claims 3-13, 16-26, 28-30, 32, 33 and 35-117 have been canceled. Claims 121-130 are newly added. Presently, claims 1, 2, 14, 15, 27, 31, 34 and 118-130 are pending.
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 .
Response to Arguments
Applicant’s arguments, see the Claim Rejections – 35 U.S.C. 102 section on pages 7-9 of the response filed 1/29/2026, with respect to the rejection(s) of claim(s) 27, 31, 34, 43 and 119 under 35 U.S.C. 102(a)(1) as being anticipated by Rashidi (US 6550338) and the rejection(s) of claim(s) 27, 39, 43 and 119 under 35 U.S.C. 102(a)(1) as being anticipate by Hasunuma (US 7100454) have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of the newly applied combinations of either Rashidi or Hasunuma in view of the newly applied reference to Fukushima (US Pre-Grant Publication 20020017329).
It is considered that the newly applied reference to Fukushima addresses applicant’s concerns and claim language relating to a sensor assembly (5) that includes a component base (16) having a top side (see “top side” in the annotated figure 4 below) and a bottom side (see “bottom side” in the annotated figure 4 below) and wherein the component base includes a sensing port (see “sensing port” in the annotated figure 4 below), an inlet passage (see “inlet passage” in the annotated figure 4 below) and an outlet passage (see “outlet passage” in the annotated figure 4 below) wherein the inlet passage includes an inlet port (see “inlet port” in the annotated figure 4 below) formed in the bottom side of the component base and the outlet passage includes an outlet port (see “outlet port” in the annotated figure 4 below) formed in the bottom side of the component base.
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Applicant’s arguments, see the Claim Rejections – 35 U.S.C. 103 section on page 9 of the response dated 1/29/2026, with respect to the rejection(s) of claim(s) 1, 5, 7, 12, 14, 17 and 118 under 35 U.S.C. 103 as being unpatentable over Nakada (US Pre-Grant Publication 20130036833) in view of Rashidi (US 6550338) and the rejection(s) of claim(s) 1, 9, 10, 14, 15, 17, 18 and 118 under 35 U.S.C. 103 as being unpatentable over Nakada (US Pre-Grant Publication 20130036833) in view of Hasunuma (US 7100454) have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of the newly applied combination of the newly applied reference to Fukushima (US Pre-Grant Publication 20020017329) in view of Nakada (US Pre-Grant Publication 20130036833) and in view of either Rashidi (US 6550338) or Hasunuma (US 7100454).
It is considered that the newly applied reference to Fukushima addresses applicant’s concerns and claim language relating to a sensor assembly (5) that includes a component base (16) having a top side (see “top side” in the annotated figure 4 below) and a bottom side (see “bottom side” in the annotated figure 4 below) and wherein the component base includes a sensing port (see “sensing port” in the annotated figure 4 below), an inlet passage (see “inlet passage” in the annotated figure 4 below) and an outlet passage (see “outlet passage” in the annotated figure 4 below) wherein the inlet passage includes an inlet port (see “inlet port” in the annotated figure 4 below) formed in the bottom side of the component base and the outlet passage includes an outlet port (see “outlet port” in the annotated figure 4 below) formed in the bottom side of the component base.
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Applicant’s arguments, see the Claim Rejections – 35 U.S.C. 103 section on pages 10-11 of the response filed 1/29/2026, with respect to the rejection(s) of claim(s) 120 under 35 U.S.C. 103 as being unpatentable over Rashid (US 6550338) in view of Mudd et al. (US Pre-Grant Publication 20180004235) and the rejection(s) of claim(s) 120 under 35 U.S.C. 103 as being unpatentable over Hasunuma (US 7100454) in view of Mudd et al. (US Pre-Grant Publication 20180004235) have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of the combination of either the Rashidi reference or the Hasunuma reference and the newly applied reference to Kurosawa (US Pre-Grant Publication 20010009163).
It is considered that the Kurosawa reference addresses applicant’s concerns and claim language relating to a combined sensor and flow controller comprising:
a sensing port (80) in fluid communication with a flow passage (17);
a sensing element (82); and
a plurality of sensors (pressure sensor 40, temperature sensor 42) isolated from the flow passage (by the sensing element 82), wherein the sensing element (82) is positioned intermediate the flow passage and the temperature sensor (see figure 5) and wherein the temperature sensor (42) is configured to detect the temperature of a process fluid within the flow passage (see at least paragraph [0032]).
Since new grounds of rejection were necessitated by applicant’s amendment that was entered with the submission of the request for continued examination, the instant Office action is made non-final.
Information Disclosure Statement
The information disclosure statement filed 1/29/2026 is acknowledged and has been considered by the examiner.
Specification
The lengthy specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant’s cooperation is requested in correcting any errors of which applicant may become aware in the specification.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: “a sensing element” in claim 1, line 16, “a sensing element” in claim 27, line 8 and “a sensing element” in claim 120, line 11.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claims 1, 27 and 120 recite the limitation “a sensing element”. The recitation of “a sensing element” is being interpretated under 35 U.S.C. 112(f) or pre-AIA 112, sixth paragraph. A review of the originally filed disclosure dated 1/17/2023 indicates that the recitation of “a sensing element” includes a seal to seal the sealing port such as element (230, 330, 430, 530, 630, 730 and 830 as depicted in the figures).
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 non-obviousness.
Claim(s) 27, 31, 34 and 119 is/are rejected under 35 U.S.C. 103 as being unpatentable over Rashidi (US 6550338) in view of Fukushima (US Pre-Grant Publication 20020017329).
Regarding claim 27, the Rashidi reference discloses a fluid flow component, the fluid flow component comprising:
a component base (12);
an inlet port (see “inlet port” in the annotated figure 3B below) formed in the component base;
an outlet port (see “outlet port” in the annotated figure 3B below) formed in the component base;
a flow path (14) extending from the inlet port to the outlet port, wherein the flow path comprises:
a first path segment (see “first path segment” in the annotated figure 3B below) comprising the inlet port, wherein the first path segment extends in a first direction (see “first direction” in the annotated figure 3B below); and
a second path segment (see “second path segment” in the annotated figure 3B below) comprising the outlet port, wherein the second path segments extends in a second direction (see “second direction” in the annotated figure 3B below), and wherein the second direction is different than the first direction (see the annotated figure 3B for the “first direction” and the “second direction” extending in different directions);
a sensing port (see “sensing port” in the annotated figure 3B below) in fluid communication with the flow path and located between the inlet port and the outlet port, wherein the first path segment and the second path segment meet at the sensing port (see the annotated figure 3B below for the “first path segment” and the “second path segment” meet at the “sensing port”);
a sensing element (it is considered that diaphragm section 32a of the liner member 32 constitutes a sensing element) sealing the sensing port; and
a sensor (pressure sensor 24) isolated from the process fluid by the sensing element, the sensor configured to detect a property (pressure sensor 24 detects a pressure) of the process fluid within the flow path.
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The Rashidi reference does not disclose wherein the component base comprises a top side and a bottom side positioned opposite the top side;
the inlet port formed in the bottom side of the component base; and
the outlet port formed in the bottom side of the component base.
However, the Fukushima reference teaches an assembly having a sensor assembly (5) that includes a component base (16) having a top side (see “top side” in the annotated figure 4 below) and a bottom side (see “bottom side” in the annotated figure 4 below) and wherein the component base includes a sensing port (see “sensing port” in the annotated figure 4 below), an inlet passage (see “inlet passage” in the annotated figure 4 below) and an outlet passage (see “outlet passage” in the annotated figure 4 below) wherein the inlet passage includes an inlet port (see “inlet port” in the annotated figure 4 below) formed in the bottom side of the component base and the outlet passage includes an outlet port (see “outlet port” in the annotated figure 4 below) formed in the bottom side of the component base.
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The substitution of one known element (component base as shown in Fukushima) for another (the component base as shown in Rashidi) would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art since the substitution of the component base having the inlet port formed in the bottom side and the outlet port formed in the bottom side as shown in Fukushima would have yielded predictable results, namely, a different orientation of the inlet port and the outlet port to permit the component base to be used with a different passage arrangement such as the block passage as depicted in Fukushima.
In regards to claim 31, the combination of the Rashidi reference and the Fukushima reference discloses wherein the sensor (Rashidi: 24) is in direct contact with a spacer (Rashidi: 22), the spacer being in direct contact with the sensing element (Rashidi: 32a).
In regards to claim 34, the combination of the Rashidi reference and the Fukushima reference discloses wherein the spacer (Rashidi: 22) is compressed between the sensing element (Rashidi: 32a) and a sensor housing (Rashidi: considered the combination of housing components 36, 38, 47 and 45), the sensor (Rashidi: 24) and the spacer (Rashidi: 22) located within a cavity in the sensor housing (Rashidi: see figure 3B).
In regards to claim 119, the combination of the Rashidi reference and the Fukushima reference discloses wherein the first path segment (Fukushima: see “inlet passage” in the annotated figure 4 above) and the second path segment (Fukushima: see “outlet passage” in the annotated figure 4 above) converge toward the sensing element (Fukushima: the “inlet passage” and the “outlet passage” converge at the “sensing port” as depicted in the annotate figure 4 above).
Claim(s) 27 and 119 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hasunuma (US 7100454) in view of Fukushima (US Pre-Grant Publication 20020017329).
Regarding claim 27, the Hasunuma reference discloses a fluid flow component, the fluid flow component comprising:
a component base (1);
an inlet port (see “inlet port” in the annotated figure 2 below) formed in the component base;
an outlet port (see “outlet port” in the annotated figure 2 below) formed in the component base;
a flow path (9) extending from the inlet port to the outlet port, wherein the flow path comprises:
a first path segment (see “first path segment” in the annotated figure 2 below) comprising the inlet port, wherein the first path segment extends in a first direction (see “first direction” in the annotated figure 2 below); and
a second path segment (see “second path segment” in the annotated figure 2 below) comprising the outlet port, wherein the second path segments extends in a second direction (see “second direction” in the annotated figure 2 below), and wherein the second direction is different than the first direction (see the annotated figure 2 for the “first direction” and the “second direction” extending in different directions);
a sensing port (see “sensing port” in the annotated figure 2 below) in fluid communication with the flow path and located between the inlet port and the outlet port, wherein the first path segment and the second path segment meet at the sensing port (see the annotated figure 2 below for the “first path segment” and the “second path segment” meet at the “sensing port”);
a sensing element (it is considered that protective sheet 15 constitutes a sensing element) sealing the sensing port; and
a sensor (pressure sensor 2) isolated from the process fluid by the sensing element, the sensor configured to detect a property (pressure sensor 2 detects a pressure) of the process fluid within the flow path.
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The Hasunuma reference does not disclose wherein the component base comprises a top side and a bottom side positioned opposite the top side;
the inlet port formed in the bottom side of the component base; and
the outlet port formed in the bottom side of the component base.
However, the Fukushima reference teaches an assembly having a sensor assembly (5) that includes a component base (16) having a top side (see “top side” in the annotated figure 4 below) and a bottom side (see “bottom side” in the annotated figure 4 below) and wherein the component base includes a sensing port (see “sensing port” in the annotated figure 4 below), an inlet passage (see “inlet passage” in the annotated figure 4 below) and an outlet passage (see “outlet passage” in the annotated figure 4 below) wherein the inlet passage includes an inlet port (see “inlet port” in the annotated figure 4 below) formed in the bottom side of the component base and the outlet passage includes an outlet port (see “outlet port” in the annotated figure 4 below) formed in the bottom side of the component base.
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The substitution of one known element (component base as shown in Fukushima) for another (the component base as shown in Hasunuma) would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art since the substitution of the component base having the inlet port formed in the bottom side and the outlet port formed in the bottom side as shown in Fukushima would have yielded predictable results, namely, a different orientation of the inlet port and the outlet port to permit the component base to be used with a different passage arrangement such as the block passage as depicted in Fukushima.
In regards to claim 119, the combination of the Hasunuma reference and the Fukushima reference discloses wherein the first path segment (Fukushima: see “inlet passage” in the annotated figure 4 above) and the second path segment (Fukushima: see “outlet passage” in the annotated figure 4 above) converge toward the sensing element (Fukushima: the “inlet passage” and the “outlet passage” converge at the “sensing port” as depicted in the annotate figure 4 above).
Claim(s) 1, 14 and 118 is/are rejected under 35 U.S.C. 103 as being unpatentable over Fukushima (US Pre-Grant Publication 20020017329) in view of Nakada (US Pre-Grant Publication 20130036833) in view of Rashidi (US 6550338).
Regarding claim 1, the Fukushima reference discloses a system which is used in a manufacturing factory such as a semiconductor manufacturing factory (see paragraph [0001]), the system comprising:
a fluid supply source “the left end passage block 12 is connected to a gas supply source at the screw thread 46; see paragraph [0074]);
a fluid delivery module (1) comprising:
an inlet (it is considered that the screw thread 46 at the left side end passage 12 constitutes an inlet) coupled to the fluid supply (see paragraph [0074]);
an outlet (it is considered that the screw thread 46 at the right side of the passage block 12 that is connected to a manufacturing system constitutes an outlet);
a flow passage (40) extending from the inlet to the outlet; and
a fluid flow component (5), the fluid flow component comprising:
a component base (16) comprising a top side (see “top side” in the annotated figure 4 below) and a bottom side (see “bottom side” in the annotated figure 4 below) positioned opposite the top side;
an inlet port (see “inlet port” in the annotated figure 4 below) formed in the bottom side of the component base;
an outlet port (see “outlet port” in the annotated figure 4 below) formed in the bottom side of the component base;
a flow path (it is considered that the “inlet passage”, the “sensing port” and the “outlet passage” in the annotated figure 4 below constitutes the flow path) extending from the inlet port to the outlet port, the flow path forming a portion of the flow passage (it is considered that the flow passage 40 leads through the “inlet port” and the “outlet port” as depicted in figure 4), wherein the flow path comprises:
a first path segment (see “inlet passage” in the annotated figure 4 below) extending in a first direction; and
a second path segment (see “outlet passage” in the annotated figure 4 below) extending in a second direction, wherein the second direction is different than the first direction (see figure 4);
a sensing port (see “sensing port” in the annotated figure 4 below) in fluid communication with the flow path (see figure 4) and located between the inlet port and the outlet port, wherein the first path segment and the second path segment meet in the sensing port (see figure 4); and
a senor (5).
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Firstly, the Fukushima reference does not expressly disclose the system includes a process chamber.
However, the Nakada reference teaches a system for processing articles, the system comprising:
a fluid supply (it is considered that the system controls the flow of a supply gas to a process chamber; see paragraph [0020] for “a flow control device to supply gas from a process gas supply source to a process chamber”) configured to supply a process fluid;
a process chamber (it is considered that the system controls the flow of a supply gas to a process chamber; see paragraph [0020] for “a flow control device to supply gas from a process gas supply source to a process chamber”) configured to process articles; and
a fluid delivery module (1),
The substitution of one known element (the outlet of the fluid delivery module being connected to a process chamber as shown in Nakada) for another (the outlet of the fluid delivery module being connected to a device as shown in Fukushima) would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art since the substitution of the device that the outlet of the fluid delivery module as shown in Fukushima being connected to a process chamber as taught by Nakada would have yielded predictable results, namely, a desired device (process chamber) for processing components during semiconductor manufacturing (Nakada: see paragraph [0002]).
Secondly, the Fukushima reference of the combination of the Fukushima reference and the Nakada reference does not disclose wherein the fluid flow component includes a sensing element sealing the sensing port and a sensor isolated from the process fluid by the sensing element with the sensor configured to detect a property of the process fluid within the flow path.
However, the Rashidi reference teaches a fluid flow component, the fluid flow component comprising:
a component base (16);
an inlet port (see “inlet port” in the annotated figure 3B below) formed in the component base;
an outlet port (see “outlet port” in the annotated figure 3B below) formed in the component base;
a flow path (14) extending from the inlet port to the outlet port, wherein the flow path comprises:
a first path segment (see “first path segment” in the annotated figure 3B below) comprising the inlet port, wherein the first path segment extends in a first direction (see “first direction” in the annotated figure 3B below); and
a second path segment (see “second path segment” in the annotated figure 3B below) comprising the outlet port, wherein the second path segments extends in a second direction (see “second direction” in the annotated figure 3B below), and wherein the second direction is different than the first direction (see the annotated figure 3B for the “first direction” and the “second direction” extending in different directions);
a sensing port (see “sensing port” in the annotated figure 3B below) in fluid communication with the flow path and located between the inlet port and the outlet port, wherein the first path segment and the second path segment meet at the sensing port (see the annotated figure 3B below for the “first path segment” and the “second path segment” meet at the “sensing port”);
a sensing element (it is considered that diaphragm section 32a of the liner member 32 constitutes a sensing element) sealing the sensing port; and
a sensor (pressure sensor 24) isolated from the process fluid by the sensing element, the sensor configured to detect a property (pressure sensor 24 detects a pressure) of the process fluid within the flow path;
in order to minimize or eliminate leakage by using redundant or dual barriers made of a chemically inert material instead of an isolation member mounted by seals in an opening next to the sensor (col. 1, lines 24-30).
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The substitution of one known element (the flow control component having a sensing element and a sensor isolated from the process fluid as shown in Rashidi) for another (the sensor as shown in Fukushima) would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art since the substitution of the sensing element and the sensor being isolated from the process fluid by the sensing element shown in Rashidi would have yielded predictable results, namely, a fluid flow component that permits measurement of a desired flow characteristic such as pressure of the fluid in the flow path while minimizing or eliminating leakage by using redundant or dual barriers made of a chemically inert material and without compromising accuracy of the measurements of the Fukushima reference of the combination of the Fukushima reference and the Nakada reference.
In regards to claim 14, the Rashidi reference of the combination of the Fukushima reference, the Nakada reference and the Rashidi reference discloses wherein the sensor is a pressure sensor (Rashidi: see at least col. 5, line 52).
In regards to claim 118, the Fukushima reference of the combination of the Fukushima reference, the Nakada reference and the Rashidi reference discloses wherein the first path segment (Fukushima: see “inlet passage” in the annotated figure 4 above) and the second path segment (Fukushima: see “outlet passage” in the annotated figure 4 above) converge toward the sensing element (Fukushima: the “inlet passage” and the “outlet passage” converge at the “sensing port” as depicted in the annotate figure 4 above).
Claim(s) 1, 14, 15 and 118 is/are rejected under 35 U.S.C. 103 as being unpatentable over Fukushima (US Pre-Grant Publication 20020017329) in view of Nakada (US Pre-Grant Publication 20130036833) in view of Hasunuma (US 7100454).
Regarding claim 1, the Fukushima reference discloses a system which is used in a manufacturing factory such as a semiconductor manufacturing factory (see paragraph [0001]), the system comprising:
a fluid supply source “the left end passage block 12 is connected to a gas supply source at the screw thread 46; see paragraph [0074]);
a fluid delivery module (1) comprising:
an inlet (it is considered that the screw thread 46 at the left side end passage 12 constitutes an inlet) coupled to the fluid supply (see paragraph [0074]);
an outlet (it is considered that the screw thread 46 at the right side of the passage block 12 that is connected to a manufacturing system constitutes an outlet);
a flow passage (40) extending from the inlet to the outlet; and
a fluid flow component (5), the fluid flow component comprising:
a component base (16) comprising a top side (see “top side” in the annotated figure 4 below) and a bottom side (see “bottom side” in the annotated figure 4 below) positioned opposite the top side;
an inlet port (see “inlet port” in the annotated figure 4 below) formed in the bottom side of the component base;
an outlet port (see “outlet port” in the annotated figure 4 below) formed in the bottom side of the component base;
a flow path (it is considered that the “inlet passage”, the “sensing port” and the “outlet passage” in the annotated figure 4 below constitutes the flow path) extending from the inlet port to the outlet port, the flow path forming a portion of the flow passage (it is considered that the flow passage 40 leads through the “inlet port” and the “outlet port” as depicted in figure 4), wherein the flow path comprises:
a first path segment (see “inlet passage” in the annotated figure 4 below) extending in a first direction; and
a second path segment (see “outlet passage” in the annotated figure 4 below) extending in a second direction, wherein the second direction is different than the first direction (see figure 4);
a sensing port (see “sensing port” in the annotated figure 4 below) in fluid communication with the flow path (see figure 4) and located between the inlet port and the outlet port, wherein the first path segment and the second path segment meet in the sensing port (see figure 4); and
a senor (5).
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Firstly, the Fukushima reference does not expressly disclose the system includes a process chamber.
However, the Nakada reference teaches a system for processing articles, the system comprising:
a fluid supply (it is considered that the system controls the flow of a supply gas to a process chamber; see paragraph [0020] for “a flow control device to supply gas from a process gas supply source to a process chamber”) configured to supply a process fluid;
a process chamber (it is considered that the system controls the flow of a supply gas to a process chamber; see paragraph [0020] for “a flow control device to supply gas from a process gas supply source to a process chamber”) configured to process articles; and
a fluid delivery module (1),
The substitution of one known element (the outlet of the fluid delivery module being connected to a process chamber as shown in Nakada) for another (the outlet of the fluid delivery module being connected to a device as shown in Fukushima) would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art since the substitution of the device that the outlet of the fluid delivery module as shown in Fukushima being connected to a process chamber as taught by Nakada would have yielded predictable results, namely, a desired device (process chamber) for processing components during semiconductor manufacturing (Nakada: see paragraph [0002]).
Secondly, the Fukushima reference of the combination of the Fukushima reference and the Nakada reference does not disclose wherein the fluid flow component includes a sensing element sealing the sensing port and a sensor isolated from the process fluid by the sensing element with the sensor configured to detect a property of the process fluid within the flow path.
However, the Hasunuma reference discloses a fluid flow component, the fluid flow component comprising:
a component base (1);
an inlet port (see “inlet port” in the annotated figure 2 below) formed in the component base;
an outlet port (see “outlet port” in the annotated figure 2 below) formed in the component base;
a flow path (9) extending from the inlet port to the outlet port, wherein the flow path comprises:
a first path segment (see “first path segment” in the annotated figure 2 below) comprising the inlet port, wherein the first path segment extends in a first direction (see “first direction” in the annotated figure 2 below); and
a second path segment (see “second path segment” in the annotated figure 2 below) comprising the outlet port, wherein the second path segments extends in a second direction (see “second direction” in the annotated figure 2 below), and wherein the second direction is different than the first direction (see the annotated figure 2 for the “first direction” and the “second direction” extending in different directions);
a sensing port (see “sensing port” in the annotated figure 2 below) in fluid communication with the flow path and located between the inlet port and the outlet port, wherein the first path segment and the second path segment meet at the sensing port (see the annotated figure 2 below for the “first path segment” and the “second path segment” meet at the “sensing port”);
a sensing element (it is considered that protective sheet 15 constitutes a sensing element) sealing the sensing port; and
a sensor (pressure sensor 2) isolated from the process fluid by the sensing element, the sensor configured to detect a property (pressure sensor 2 detects a pressure) of the process fluid within the flow path;
in order to provide an in-line type fluid sensor which is substantially free from any fear of the fluid flow standing problem and which is capable of realizing a precise measurement of the fluid pressure in the flow of the fluid circulated through the fluid flow circuit (col. 2, lines 26-34).
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The substitution of one known element (the flow control component having a sensing element and a sensor isolated from the process fluid as shown in Hasunuma) for another (the sensor as shown in Fukushima) would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art since the substitution of the sensing element and the sensor being isolated from the process fluid by the sensing element shown in Hasunuma would have yielded predictable results, namely, a fluid flow component that permits measurement of a desired flow characteristic such as pressure of the fluid in the flow path while minimizing or eliminating leakage by using redundant or dual barriers made of a chemically inert material and without compromising accuracy of the measurements of the Fukushima reference of the combination of the Fukushima reference and the Nakada reference.
In regards to claim 14, the Hasunuma reference of the combination of the Fukushima reference, the Nakada reference and the Hasunuma reference discloses wherein the sensor is a pressure sensor (Hasunuma: pressure sensor 2).
In regards to claim 15, the Hasunuma reference of the combination of the Fukushima reference, the Nakada reference and the Hasunuma reference discloses wherein the sensor (Hasunuma: 2) is in direct contact with the sensing element (Hasunuma: 15).
In regards to claim 118, the Fukushima reference of the combination of the Fukushima reference, the Nakada reference and the Hasunuma reference discloses wherein the first path segment (Fukushima: see “inlet passage” in the annotated figure 4 above) and the second path segment (Fukushima: see “outlet passage” in the annotated figure 4 above) converge toward the sensing element (Fukushima: the “inlet passage” and the “outlet passage” converge at the “sensing port” as depicted in the annotate figure 4 above).
Claim(s) 2 is/are rejected under 35 U.S.C. 103 as being unpatentable over Fukushima (US Pre-Grant Publication 20020017329) in view of Nakada (US Pre-Grant Publication 20130036833) in view of Rashidi (US 6,550,338) as applied to claim 1 above, and further in view of Englund et al. (US RE38,557 E).
In regards to claim 2, the combination of the Fukushima reference, the Nakada reference and the Rashidi reference does not disclose wherein the sensing element comprises sapphire.
However, the Englund et al. reference teaches a flow control component having a sensing element (it is considered that the thin flexible polymer disk isolation member 34 constitutes a sensing element; alternatively, it is considered that the sapphire layer 124 acts as an isolation member for the sensor 88 (see col. 13, lines 9-20)) sealing a sensing port (see at least col. 8, line 66 to col. 9, line9 for the flexible isolation member 34 to seal against the housing lip 32 to form a hermetic seal) wherein the sensing element comprises sapphire (Englund et al.: sapphire layer 124; see col. 13, lines 9-20) in order to provide the sensing element as chemically inert and highly resistive to the corrosive nature of chemicals (Englund et al.: col. 13, lines 9-20).
The substitution of one known element (the sensing element comprising sapphire as shown in Englund et al.) for another (the sensing element as shown in the combination of Fukushima, Nakada and Rashidi) would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art since the substitution of the material of the sensing element as comprising sapphire shown in Englund et al. would have yielded predictable results, namely, a sensing element that includes a material that is chemically inert and highly resistive to the corrosive nature of chemicals while still protecting the sensor of the combination of the Fukushima reference, the Nakada reference and the Rashidi reference.
Claim(s) 120 and 121 is/are rejected under 35 U.S.C. 103 as being unpatentable over Rashidi (US 6,550,338) in view of Kurosawa (US Pre-Grant Publication 20010009163).
Regarding claim 120, the Rashidi reference discloses a fluid flow component, the fluid flow component comprising:
a component base (16);
an inlet port (see “inlet port” in the annotated figure 3B below) formed in the component base;
an outlet port (see “outlet port” in the annotated figure 3B below) formed in the component base;
a flow passage (14) extending from the inlet port to the outlet port, wherein the flow passage comprises:
a first bore (see “first bore” in the annotated figure 3B below) extending in a first direction (see “first direction” in the annotated figure 3B below); and
a second bore (see “second bore” in the annotated figure 3B below) extending in a second direction (see “second direction” in the annotated figure 3B below);
a sensing port (see “sensing port” in the annotated figure 3B below) in fluid communication with the flow passage and located between the inlet port and the outlet port;
a sensing element (it is considered that diaphragm section 32a of the liner member 32 constitutes a sensing element) sealing the sensing port; and
a sensor (pressure sensor 24) isolated from the process fluid by the sensing element, the sensor configured to detect a property (pressure sensor 24 detects a pressure) of the process fluid within the flow path.
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The Rashidi reference does not disclose wherein the sensor is a non-contact temperature sensor.
However, the Kurosawa reference teaches a combined sensor and flow controller comprising:
a sensing port (80) in fluid communication with a flow passage (17);
a sensing element (82); and
a plurality of sensors (pressure sensor 40, temperature sensor 42) isolated from the flow passage (by the sensing element 82), wherein the sensing element (82) is positioned intermediate the flow passage and the temperature sensor (see figure 5) and wherein the temperature sensor (42) is configured to detect the temperature of a process fluid within the flow passage (see at least paragraph [0032]).
The substitution of one known element (the sensor being a non-contact temperature sensor as shown in Kurosawa) for another (the sensor as shown in Rashidi) would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art since the substitution of the type of sensor including being a non-contact temperature sensor shown in Kurosawa would have yielded predictable results, namely, a sensor that would enable temperature measurements to control the flow of fluid through the system in order to further enhance accuracy of the system of the Rashidi reference.
In regards to claim 121, the Rashidi reference of the combination of the Rashidi reference and the Kurosawa reference discloses wherein the first bore (Rashidi: see “first bore” in the annotated figure 3B above) and the second bore (Rashidi: see “second bore” in the annotated figure 3B above) converge toward the sensing element (Rashidi: it is considered that diaphragm section 32a of the liner member 32 constitutes a sensing element).
Claim(s) 120 and 121 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hasunuma (US 7,100,454) in view of Kurosawa (US Pre-Grant Publication 20010009163 A1).
The Hasunuma reference discloses a fluid flow component, the fluid flow component comprising:
a component base (1);
an inlet port (see “inlet port” in the annotated figure 2 below) formed in the component base;
an outlet port (see “outlet port” in the annotated figure 2 below) formed in the component base;
a flow passage (9) extending from the inlet port to the outlet port, wherein the flow passage comprises:
a first bore (see “first path segment” in the annotated figure 2 below) extending in a first direction (see “first direction” in the annotated figure 2 below); and
a second bore (see “second path segment” in the annotated figure 2 below) extending in a second direction (see “second direction” in the annotated figure 2 below);
a sensing port (see “sensing port” in the annotated figure 2 below) in fluid communication with the flow passage and located between the inlet port and the outlet port;
a sensing element (it is considered that protective sheet 15 constitutes a sensing element) sealing the sensing port; and
a sensor (pressure sensor 2) isolated from the process fluid by the sensing element, the sensor configured to detect a property (pressure sensor 2 detects a pressure) of the process fluid within the flow path.
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The Hasunuma reference does not disclose wherein the sensor is a non-contact temperature sensor.
However, the Kurosawa reference teaches a combined sensor and flow controller comprising:
a sensing port (80) in fluid communication with a flow passage (17);
a sensing element (82); and
a plurality of sensors (pressure sensor 40, temperature sensor 42) isolated from the flow passage (by the sensing element 82), wherein the sensing element (82) is positioned intermediate the flow passage and the temperature sensor (see figure 5) and wherein the temperature sensor (42) is configured to detect the temperature of a process fluid within the flow passage (see at least paragraph [0032]).
The substitution of one known element (the sensor being a non-contact temperature sensor as shown in Kurosawa) for another (the sensor as shown in Hasunuma) would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art since the substitution of the type of sensor including being a non-contact temperature sensor shown in Kurosawa would have yielded predictable results, namely, a sensor that would enable temperature measurements to control the flow of fluid through the system in order to further enhance accuracy of the system of the Hasunuma reference.
In regards to claim 121, the Hasunuma reference of the combination of the Hasunuma reference and the Kurosawa reference discloses wherein the first bore (Hasunuma: see “first path segment” in the annotated figure 2 above) and the second bore (Hasunuma: see “second path segment” in the annotated figure 2 above) converge toward the sensing element (Hasunuma: it is considered that protective sheet 15 constitutes a sensing element).
Allowable Subject Matter
Claims 122-130 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.
The following is a statement of reasons for the indication of allowable subject matter:
In regards to claims 122-124, the prior art of record does not disclose or suggest wherein “a one-piece insert positioned in the component base, wherein the one-piece insert comprises the inlet port, the outlet port, the first path segment, the second path segment and the sensing port” and in combination with the other limitations of the claim.
In regards to claims 125-127, the prior art of record does not disclose or suggest wherein “a spacer positioned intermediate the sensor and sensing element, wherein the spacer comprises a passage extending therethrough that separates the sensor from the sensing element” and in combination with the other limitations of the claim.
In regards to claims 128-130, the prior art of record does not disclose or suggest “wherein the sensor is a temperature sensor configured to measure the temperature of the sensing element by electromagnetic waves” and in combination with the other limitations of the claim.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Andrew J. Rost whose telephone number is (571) 272-2711. The examiner can normally be reached on Monday-Friday from 8:00 am to 4:30 pm EST.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Craig Schneider can be reached at 571-272-3607 or Kenneth Rinehart can be reached at 571-272-4881. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ANDREW J ROST/Examiner, Art Unit 3753
/CRAIG M SCHNEIDER/Supervisory Patent Examiner, Art Unit 3753
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