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 § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1-19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Wengert (US 6,093,252).
Regarding claim 1, Wengert discloses an injector that precisely controls a flow rate of a material through the injector, comprising:
a micrometer (284; Element 284 is interpreted as a micrometer, as it is analogous in structure and function) having a grip surface (the member includes a protrusion at its upper end, interpreted as a grip surface) and male threads (Column 20, lines 64-65, the micrometer is received in the threaded bore, which suggests male threads), wherein the micrometer is configured so that the grip surface may be turned clockwise or counterclockwise by hand to adjust the flow rate of the material through the injector (The micrometer provides for the claimed function);
a cap (268) having a top opening (290) with top female threads to mechanically engage the male threads of the micrometer and a bottom opening with bottom female threads (The limitation is interpreted as a recitation of intended use, and therefore afforded limited patentable weight; Column 20, lines 61-67, The cap includes threads at the top and bottom and an exit opening adjacent the bottom that is capable of receiving the threads);
a body injector (280) with upper male threads configured to mechanically engage the bottom female threads of the cap and lower male threads to mechanically engage female threads of an injector flange or a chamber The limitation is interpreted as a recitation of intended use, and therefore afforded limited patentable weight; Column 20, lines 61-67, the injector includes threads at the top and bottom that are capable of engaging female threads as claimed);
a housing seal jet (300) connected to the body injector (Figure 26), wherein the housing seal jet has an orifice for receiving a flow of a material (The seal has a central opening for performing the claimed function; The limitation is interpreted as a recitation of intended use, and therefore afforded limited patentable weight);
a needle injector (304) configured to move up and down inside an internal cavity formed at least by an inside of the body injector and an inside of the housing seal jet (The limitation is interpreted as a recitation of intended use, and therefore afforded limited patentable weight; Column 21 suggests that the needle is capable of moving up and down in the cavity in which it is received); and a spring (308) configured to be placed inside the internal cavity (Figure 26), wherein the micrometer is configured to push the needle injector down the internal cavity against a biasing force of the spring when the micrometer is adjusted downward and the biasing force of the spring is configured to raise the needle injector inside the internal cavity when the micrometer is adjusted upward (Column 21, lines 13-23).
Regarding claim 2, 9, 16 Wengert discloses the injector of claim 1, 8, 15 wherein the internal cavity is formed by the inside of the body injector, the inside of the housing seal jet and an inside of the cap (Figure 26).
Regarding claim 3, 10, 17 Wengert discloses the injector of claim 1, 8, 15 wherein the micrometer is configured to be able to move the needle injector inside the housing seal jet to a position that stops the flow of material through the injector (The limitation is interpreted as a recitation of intended use, and therefore afforded limited patentable weight; Column 21, lines 13-23).
Regarding claim 4, 11, 18 Wengert discloses the injector of claim 1, 8, 15 further comprising a retaining ring configured to detachably connect the housing seal jet to the body injector (Examiner’s Annotated Figure 1).
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Examiner’s Annotated Figure 1
Regarding claim 5, 12, 19 Wengert discloses the injector of claim 1, 8, 15 further comprising a first o-ring (Examiner’s Annotated Figure 1, “retaining ring”) and a second o-ring (302) configured so that the first o-ring is attached to the housing seal jet above the orifice and the second o-ring is attached to the housing seal jet below the orifice (Examiner’s Annotated Figure 1).
Regarding claim 6, 13, Wengert discloses the injector of claim 1, 8 wherein the injector is configured to be connected to an injector flange (306) for controlling the flow of a material into a chamber of a semiconductor tool (The limitation is interpreted as a recitation of intended use, and therefore afforded limited patentable weight; The flange cooperates with the spring, to perform the claimed function).
Regarding claim 7, 14 Wengert discloses the injector of claim 1, 8 wherein the injector is configured to be connected to a chamber of a semiconductor tool The limitation is interpreted as a recitation of intended use, and therefore afforded limited patentable weight; The injector is capable of the claimed function).
Regarding claim 8, Wengert discloses an injector that precisely controls a flow rate of a material through the injector, comprising:
a micrometer (284) having a grip surface (the member includes a protrusion at its upper end, interpreted as a grip surface) and threads (Column 20, lines 64-65, the micrometer is received in the threaded bore, which suggests threads), wherein the micrometer is configured so that the grip surface may be turned clockwise or counterclockwise by hand to adjust the flow rate of the material through the injector (The micrometer provides for the claimed function);
a cap (268) having a top opening (290) with top threads to mechanically engage the threads of the micrometer and a bottom opening with bottom threads (The limitation is interpreted as a recitation of intended use, and therefore afforded limited patentable weight; Column 20, lines 61-67, The cap includes threads at the top and bottom and an exit opening adjacent the bottom that is capable of receiving the threads);
a body injector (280) with upper threads configured to mechanically engage the bottom threads of the cap and lower threads to mechanically engage threads of a chamber (The limitation is interpreted as a recitation of intended use, and therefore afforded limited patentable weight; Column 20, lines 61-67, the injector includes threads at the top and bottom that are capable of engaging threads as claimed);
a housing seal jet (300) connected to the body injector (Figure 26), wherein the housing seal jet has an orifice for receiving a flow of a material (The seal has a central opening for performing the claimed function; The limitation is interpreted as a recitation of intended use, and therefore afforded limited patentable weight);
a needle injector (304) configured to move up and down inside an internal cavity formed at least by an inside of the body injector and an inside of the housing seal jet (The limitation is interpreted as a recitation of intended use, and therefore afforded limited patentable weight; Column 21 suggests that the needle is capable of moving up and down in the cavity in which it is received); and a spring (308) configured to be placed inside the internal cavity (Figure 26), wherein the micrometer is configured to push the needle injector down the internal cavity against a biasing force of the spring when the micrometer is adjusted downward and the biasing force of the spring is configured to raise the needle injector inside the internal cavity when the micrometer is adjusted upward (Column 21, lines 13-23).
Regarding claim 15, Wengert discloses an injector that precisely controls a flow rate of a material through the injector, comprising:
a micrometer (284) having a grip surface (the member includes a protrusion at its upper end, interpreted as a grip surface) male threads (Column 20, lines 64-65, the micrometer is received in the threaded bore, which suggests male threads), and a distal end (Figure 26), wherein the micrometer is configured so that the grip surface may be turned clockwise or counterclockwise by hand to adjust the flow rate of the material through the injector (The micrometer provides for the claimed function);
a cap (268) having a top opening (290) with top female threads to mechanically engage the male threads of the micrometer and a bottom opening with bottom female threads (The limitation is interpreted as a recitation of intended use, and therefore afforded limited patentable weight; Column 20, lines 61-67, The cap includes threads at the top and bottom and an exit opening adjacent the bottom that is capable of receiving the threads);
a body injector (280) with upper male threads configured to mechanically engage the bottom female threads of the cap and lower male threads to mechanically engage female threads of an injector flange or a chamber The limitation is interpreted as a recitation of intended use, and therefore afforded limited patentable weight; Column 20, lines 61-67, the injector includes threads at the top and bottom that are capable of engaging female threads as claimed);
a housing seal jet (300) connected to the body injector (Figure 26), wherein the housing seal jet has an orifice configured for controlling a flow of a material (The seal has a central opening for performing the claimed function; The limitation is interpreted as a recitation of intended use, and therefore afforded limited patentable weight);
a needle injector (304) configured to move up and down inside an internal cavity formed at least by an inside of the body injector and an inside of the housing seal jet (The limitation is interpreted as a recitation of intended use, and therefore afforded limited patentable weight; Column 21 suggests that the needle is capable of moving up and down in the cavity in which it is received); and a spring (308) configured to be placed inside the internal cavity (Figure 26), wherein the distal end of the micrometer is configured to push the needle injector down the internal cavity against a biasing force of the spring when the micrometer is adjusted downward and the biasing force of the spring is configured to raise the needle injector inside the internal cavity when the micrometer is adjusted upward (Column 21, lines 13-23).
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.
Claim(s) 20 is rejected under 35 U.S.C. 103 as being unpatentable over Wengert in view of King (US 5375765).
Regarding claim 20, Wengert discloses the injector of claim 15, but fails to disclose wherein the body injector has a section with a plurality of flat evenly spaced surfaces around the body injector configured to allow a wrench to be used to install the injector into the injector flange or the chamber.
King discloses a nozzle that includes a section (16) with a plurality of flat evenly spaced sides configured for engagement with a wrench (Column 2, lines 61-62).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention modify Wengert with the disclosures of King, providing the injector to include flat sides for engagement with a wrench, in order to provide for structure to efficiently secure the device, in a system where the securing structure is not a critical element.
Should it be found that the sides are not evenly spaced, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to evenly space the flat sides since it has been held that shape is a matter of choice which one of ordinary skill in the art would have found absent persuasive evidence that the shape is significant. In re Dailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966).
Response to Arguments
Applicant's arguments filed 6/18/2026 have been fully considered but they are not persuasive.
As to Applicant’s position that Wengert does not teach “a cap having a top opening with top female threads to mechanically engage the male threads of the micrometer and a bottom opening with bottom female threads; a body injector with upper male threads configured to mechanically engage the bottom female threads of the cap,” element 268 is interpreted as a cap, as it is a protective cover for the injector. Figure 6 depicts the opening 290 of the cap receives the injector. The opening 290 is threaded and receives the injector (Column 20, lines 64-66). The bore 290 includes a top and bottom opening, and threads extending from the top to the bottom. As such, the bore includes a top and bottom opening with top and bottom threads. The internal threads of the bore receive the outer threads of the injector. As such, the bore threads are female threads, and the injector threads are male threads. Examiner’s reference to the limitations as intended use recitations is not to be interpreted as dismissive, but as notification that the cited structure only needs to be capable of performing the claimed function. The cited structure is capable of performing the claimed function.
In response to applicant's argument that the references fail to show certain features of the invention, it is noted that the features upon which applicant relies (i.e., the Wengert cap connecting to internal components of the injector) are not recited in the rejected claim(s). Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993).
As to Applicant’s position that the injector of Wengert is a unitary body design, the disclosure puts forth that the injector is received by the cap. As such, the elements are not of a unitary body design.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTOPHER R. DANDRIDGE whose telephone number is (571)270-1505. The examiner can normally be reached M-T 9am-7pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Arthur O. Hall can be reached at (571)270-1814. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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CHRISTOPHER R. DANDRIDGE
Primary Examiner
Art Unit 3752
/CHRISTOPHER R DANDRIDGE/Primary Examiner, Art Unit 3752
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