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 .
Election/Restrictions
Applicant’s election without traverse of Group I, claims 26-30, 34, 37, 40-48 and 50 drawn to a dispenser for dispensing a liquid comprising a gas dissolved in the liquid in the reply filed on 02/06/2026 is acknowledged.
Status of Claims
Applicant has elected claim 50 as part of group I, but has cancelled in with the following claim set filed on 02/06/2026. As it is cancelled, the examiner will no longer consider claim 50.
Claim Rejections - 35 USC § 102
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 the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 26-30, 41-42, 46 and 48 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Qin et al. (CN 111830270 A, as cited in the IDS).
Regarding claim 26, Qin et al. teaches a dispenser for dispensing a liquid comprising a gas dissolved in the liquid (see [0011], disclosing a precision sample dispensing system for removing air bubbles from the deionized water), the dispenser comprising: a heater (see [0025], Fig. 1, disclosing a constant temperature degassing mechanism 1 for heating deionized water.) ; and a first tube constructed of a first material, the first tube comprising a first end operable to be connected to a source of the liquid and a second end, the first tube connected to the heater via a conductive pathway thermally connecting the heater to the first tube (see [0011], [0035], Fig. 1-3, disclosing a first control valve 2 connected to the thermostatic degassing mechanism 1 for controlling the supply of deionized water; a first plunger pump 3 connected to the first control valve 2 for quantitatively supplying deionized water. Furthermore, the constant temperature degassing mechanism 1 includes a spiral rising pipe 11 for which deionized water passes, where a heating jacket is installed on the outer wall of the spiral rising pipe 11 as well as a temperature sensor for monitoring temperature of the passing deionized water in real time.), wherein, the first material has a permeability such that a portion of the gas dissolved in the liquid passes through the first material to an atmosphere upon being degassed from a portion of the liquid within the first tube (see [0036], The internal structure of the constant temperature degassing mechanism is a spiral space, where under a certain vacuum pressure inside, a large number of air bubbles mixed in with the deionized water inside the pipeline can be released through (i.e., permeate) the special material pipe (pressure-resistant pipe) in conjunction with the pressure to degas the deionized water.).
Regarding claim 27, Qin et al. teaches the dispenser of claim 26, further comprising a first heater block located in between the heater and the first tube forming a portion of the conductive pathway thermally joining the first heater and the first tube (see [0034]-[0036], Fig. 1-3, disclosing that the deionized water is introduced by an external pipeline into the constant temperature degassing mechanism 1, where it has a spiral rising pipe 11 enclosed within where the deionized water passes through. The constant temperature degassing mechanism 1 provides a heating environment for the output deionized water (i.e., as a heating block).).
Regarding claim 28, Qin et al. teaches the dispenser of claim 27, wherein the first heater block defines a groove, a majority of the first tube located at least partially in the groove (see [0035]-[0036], Fig. 1, disclosing the internal structure of the constant temperature degassing mechanism has a spiral space, where the spiral rising pipe is held in).
Regarding claim 29, Qin et al. teaches the dispenser of claim 28, wherein the groove is a helical groove and the first tube encircles the first heater block (See [0035]-[0036], Fig. 1, disclosing that the pipe and space holding the pipe are spiral, though appears more helical in shape as seen in Fig. 1.).
Regarding claim 30, Qin et al. teaches the dispenser of claim 27, further comprising a membrane that encircles the first heater block, the first tube located in between the membrane and the first heater block (see [0036]-[0037], disclosing that a large number of air bubbles mixed with the deionized water can be permeated through a special material pipe (i.e., a membrane encompassing the tube. Further, with the appropriate selection of pipe material, the air bubbles in the deionized water flowing under negative pressure can be stripped out, thereby achieving the degassing effect.).
Regarding claim 41, Qin et al. teaches the dispenser of claim 26, wherein the heater is configured to heat, via the conductive pathway, the liquid from a first temperature to a second temperature as the liquid traverses through the first tube and maintain a temperature of the liquid at about the second temperature while the fluid is stationary (see [0025], [0036]-[0037], disclosing a constant temperature degassing mechanism for heating deionized water and removing air bubbles from the deionized water. The deionized water is heated and maintained in temperature when it enters through tubing the constant temperature degassing mechanism, where it is heated to temperatures such as 40 degrees Celsius, where it performs better for cleaning than room temperature deionized water).
Regarding claim 42, the examiner is using broadest reasonable interpretation of “a probe” to refer to any kind of sensing or otherwise obtaining information. Further, the examiner is interpreting the probe being in thermal communication to mean that it is likely sensing heat or temperature.
Qin et al. teaches the dispenser of claim 26, further comprising a probe comprising: a second tube having a first end fluidly connected to the second end of the first tube; a dispensing nozzle connected to a second end of the second tube; and a thermally conductive material in thermal communication with the first heater block and that encircles a portion of the second tube (see Fig. 1-3, [0034]-[0035], disclosing the constant temperature degassing mechanism 1 includes a spiral rising pipe 11 for which deionized water passes, where a heating jacket is installed on the outer wall of the spiral rising pipe 11 as well as a temperature sensor for monitoring temperature of the passing deionized water in real time. The constant temperature degassing mechanism 1 is sequentially connected to valves and pumps that lets the heated and degassed deionized water flow into a sample needle 6.).
Regarding claim 46, Qin et al. teaches the dispenser of claim 26, further comprising a dispensing valve in fluid communication with the first tube (see [0046]-[0048], Fig. 1-3, disclosing a three-way control valve 41 fluidically connected to a control pipeline mechanism, where the three-way control valve 41 can be switched to connect to a second plunger pump 5, disconnect the second control valve 42, so the second plunger pump 5 can run and allow aspirating or dispensing of a sample liquid through a sample needle 6.).
Regarding claim 48, Qin et al. teaches the dispenser of claim 26, further comprising: a pump connected to the first end of the first tube; and an aspirate valve connected to an inlet of the pump (see [0046]-[0048], Fig. 1-3, disclosing a three-way control valve 41 fluidically connected to a control pipeline mechanism, where the three-way control valve 41 can be switched to connect to a second plunger pump 5, disconnect the second control valve 42, so the second plunger pump 5 can run and allow aspirating or dispensing of a sample liquid through a sample needle 6.).
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 33-34 are rejected under 35 U.S.C. 103 as being unpatentable over Qin et al. as applied to claim 26 above, and further in view of Koehne et al. (US PG-Pub 20180304174 A1).
Regarding claim 33, Qin et al. fails to teach wherein a permeability of the first material is a function of a thickness of the first material.
However, in the analogous art of degasifying apparatus, Koehne et al. teaches a degasifying apparatus for eliminating gases, such as ambient air, from fluids, said apparatus consisting of at least one permeable membrane. The membrane can advantageously be made of a silicone material having a thickness of 1 mm to 2 mm, for example Silopren® LSR 2640, wherein the thickness of the material is selected such that the permeation coefficient Q lies in an advantageous range of values, preferably in the range of between 370 and 380×10−17 m2/s/Pa (see Koehne et al., Abstract, [0028]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the tubing material of Qin et al. to incorporate having the thickness of the material effect the permeability coefficient (as taught by Koehne et al.), for the benefit of determining the most effective permeability for degassing a fluid while using very little energy in the process (see Koehne et al., [0006]).
Regarding claim 34, Qin et al. fails to teach wherein the first material comprises at least one of a silicone-based material, a fluorinated ethylene propylene (FEP) material, or a perfluoroalkoxy alkane (PFA) material.
However, Koehne et al. teaches that the permeable membrane can comprise a silicone material, and can preferably be composed entirely of silicone (see Koehne et al., [0007]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the tubing material of Qin et al. to incorporate having the tubing comprise of a silicone material (as taught by Koehne et al.), for the benefit of determining the most effective permeability from silicone rubber for degassing a fluid while using very little energy in the process (see Koehne et al., [0006]).
Claim 37 is rejected under 35 U.S.C. 103 as being unpatentable over Qin et al. as applied to claim 26 above, and further in view of Johnson et al. (US PAT 7434446 B2).
Regarding claim 37, Qin et al. fails to teach the dispenser further comprising a second tube arranged coaxial around the first tube to define an annular.
However, in the analogous art of system for the transfer and sensing of gas dissolved in liquid under pressure, Johnson et al. teaches a gas separation system for extraction of gas from pressurized fluid, which has a gas sampling interface and gas circulation tubing to pass sampled gas to a gas sensor to determine the character or a property of the gas. The gas sampling interface includes a semi-permeable membrane in the form of tubing, where a outer tubular conduit is forced to follow a spiral path around the semi-permeable membrane tubing. This creates an annular space between the outer tubular conduit and the semi-permeable membrane tubing (see Johnson et al., Abstract, col. 3/lines 19-30).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the tube of Johnson et al. to incorporate an outer tubing arranged coaxially around the permeable tubing to create an annular space (as taught by Johnson et al.), for the benefit of having the outer tubular conduit provide a flow path for the external fluid to increase the rate of diffusion of dissolved gases through the semi-permeable membrane (see Johnson et al., Abstract).
Claim 44 is rejected under 35 U.S.C. 103 as being unpatentable over Qin et al. as applied to claims 27 above, and further in view of Rodgers (US PG-Pub 20120260998 A1).
Regarding claim 44, Qin et al. teaches the constant temperature degassing mechanism 1 including a spiral rising pipe 11 for which deionized water passes, where a heating jacket is installed on the outer wall of the spiral rising pipe 11 as well as a temperature sensor for monitoring temperature of the passing deionized water in real time (see Qin et al., Fig. 1-3, [0035]).
However, Qin et al. fails to teach the dispenser further comprising a controller in electrical communication with the temperature probe and the heater, the controller operable to perform actions comprising: continuously receiving a signal from the temperature probe, and regulating a temperature of the first heater block based on the signal.
However, in the analogous art of liquid mass measurement and fluid transmitting apparatus, Rodgers teaches a heater operatively connected via electrical connector to a controller. The temperature sensor is also operatively connected to the controller. The controller reads the signal from the temperature sensor and adjusts the heat transmitted from the heater so that the temperatures within reaches the desired levels (see Rodgers, Fig. 3, [0028]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the temperature sensor of Qin et al. to incorporate monitoring and adjusting of temperatures of the heater from the obtained temperatures via a controller (as taught by Rodgers), for the benefit of maintaining constant desired temperatures for the fluids in the degasser with limited operator intervention.
Claim 45 is rejected under 35 U.S.C. 103 as being unpatentable over Qin et al. as applied to claim 26 above, and further in view of Dasgupta et al. (US PAT 5045204 A).
Regarding claim 45, Qin et al. fails to teach the dispenser further comprising a shroud at least partially encircling the heater and the first tube, the shroud defining an opening sized to allow off gasses to escape to the atmosphere.
However, in the analogous art of methods and apparatus for generating a high purity chromatography eluent, Dasgupta et al., teaches a method and apparatus has been provided for generating a high purity aqueous stream with selected ionic species. One form comprises an eluent generating means that defines a source channel and a product channel separated by a permselective ion exchange membrane including exchangeable ions of the same charge as the selected ionic species. An embodiment teaches removing gas (e.g. hydrogen) generated in the electrolytic cell from the product stream (e.g. sodium hydroxide), by degassing gas-containing product through a porous hydrophobic tube. The gas can then flow outwardly through the tube to a gas vent (i.e., released as gas waste or into the atmosphere) (see Dasgupta et al., Abstract, col. 36-46, Fig. 6-7).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the constant temperature degassing mechanism of Qin et al. to further incorporate the permeated gasses to follow a tube outwardly towards a gas vent to be released (as taught by Dasgupta et al.), for the benefit of preventing pressure buildup from the interior of the system and allow degassing operation to continue.
Claim 47 is rejected under 35 U.S.C. 103 as being unpatentable over Qin et al. as applied to claim 26 above, and further in view of Yoshida (US PG-Pub 20100099050 A1).
Regarding claim 47, Qin et al. teaches the precision sample dispensing system, comprising a first control valve 2 connected to a first plunger pump 3, where a pressure sensor 9 monitors in real-time the internal pressure value of the system pipeline. This is communicated with the liquid circuit system in monitoring pressure. The system triggers an alarm when pressure is out of range, by comparing pressure ranges under normal conditions when the large-displacement plunger pump is drawing deionized water and the control valve is not fully open or closed, resulting in pressure loss. Depending on the situation (e.g., cleaning sample containers, system alarm to protect against insufficient water intake), the first control valve 2 can be opened, causing the three-way control valve 41 to switch the connected second control valve 42 to disconnect the second plunger pump and second control valve 42 at the same time (see Qin et al., Abstract, [0033]-[0034], [0040], [0044], Fig. 1).
Qin et al. fails to teach the dispenser further comprising a second pressure probe configured to measure ambient pressure; and have a controller determine a pressure differential between the system pressure and the ambient pressure.
However, in the analogous art of liquid recovery apparatus, exposure apparatus, and device manufacturing method, Yoshida teaches a pressure regulator that corrects a target pressure value of a pressure chamber based on the differential pressure between both spaces inputted from the pressure controller. The pressure target value is corrected by the differential pressure between both the spaces setting a value obtained by the atmospheric pressure sensor as a reference of the atmospheric pressure of atmosphere (see Yoshida, [0081]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the dispensing system of Qin et al. to incorporate an atmospheric (i.e., ambient) pressure sensor and determining a differential pressure by a controller using the atmospheric pressure and system pressure to correct the target pressure (as taught by Yoshida), for the benefit of maintaining highly accurate pressure regulation within the system (see Yoshida, [0080]).
Allowable Subject Matter
Claims 40 and 43 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.
The following is a statement of reasons for the indication of allowable subject matter: The closest prior art, Qin et al., teaches a constant temperature degassing mechanism 1 (i.e., the first heater block) for heating deionized water and removing air bubbles from the deionized water. In the internal structure of the constant degassing mechanism is a spiral space. Under a certain vacuum pressure inside, a large number of air bubbles mixed in with the deionized water inside the pipeline can be released (i.e., permeates) through the special material pipe (see Qin et al., [0025], [0036]).
Qin et al. does not teach, nor fairly suggest a second (or a plurality of) heater block in thermal communication with the first heater and comprising an interior surface defining a channel; and a second tube constructed of a second material, the second tube comprising a first end connected to the second end of the first tube and a second end in fluid communication with a dispensing nozzle, the second tube located at least partially within the channel, the second material being impermeable to the gas dissolved in the liquid.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Tracy C Colena whose telephone number is (571)272-1625. The examiner can normally be reached Mon-Thus 8:00am-5:00pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Lyle Alexander can be reached at (571) 272-1254. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/TRACY CHING-TIAN COLENA/ Examiner, Art Unit 1797
/JENNIFER WECKER/ Primary Examiner, Art Unit 1797
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