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
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.
Claims 1-11 & 20 are rejected under 35 U.S.C. 112(b), as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor regards as the invention.
Claims 1 & 20 recite a method of manufacturing in the preamble then claim in the body a calibrating of a device without any claimed steps to a manufacturing of a product. The claims are method claims with no manufacturing of a product cited.
Claims 1 & 20 have a preamble that recites a method of manufacturing which is unclear as the body of the claims are directed to a method of using a product. No manufacturing processing steps are claimed.
Claim 2 recites the limitation “the determining that the fluid does not leak comprises determining that a rate of change of the pressure value with respect to time is less than or equal to a reference value” which is unclear as to “the determining that the fluid does not leak” is not previously discussed in the base claim and it is unclear if the leak detection is an additional step performed separately.
Regarding Claims 8, 18 & 20 the limitation uses commas around a processing limitation with an alternative processing claim where it is unclear what processing is required in the alternative. A semicolon between listed processing steps provides clarity (i.e. in claim 18: the zero point calibration value is proportional to an average flowrate calculated from flowrate values measured by the flowrate sensor over time[[,]]; the zero point calibration value is proportional to a calibration weight value[[,]]; the calibration weight value is inversely proportional to the temperature value measured by the thermometer, the calibration weight value is inversely proportional to a greater one of a reference value and a standard deviation calculated from flowrate values measured by the flowrate sensor during a reference time period, or is inversely proportional to any one of the reference value and the standard deviation when the reference value and the standard deviation are equal to each other[[,]]; and the zero point calibration value is applied to the zero point of the flowrate sensor by subtracting the zero point calibration value from the zero point).
All dependent claims are rejected for their dependence on a rejected base claim.
Indication of Allowable Subject Matter
Claims 8 & 18 are rejected and would be allowable if:
1) Rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
2) 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:
Claim 20 is rejected and would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Regarding Claims 8, 18 & 20. The closest prior art is Gotoh (US 20070233412) which discloses closing a valve installed in a main flow path of the mass flow control device to block the main flow path to prevent a fluid from flowing along the main flow path and determining, based on a pressure value measured using a pressure meter installed in the main flow path, that the fluid has stopped flowing. Then determining, based on a flowrate value measured by a flowrate sensor provided on a sensor flow path connected to the main flow path, that the fluid is stable in the main flow path and in response to determining that the fluid has stopped flowing and that the fluid is stable in the main flow path, calculating a zero point calibration value.
Gotoh nor the prior art discloses the zero point calibration value is proportional to a calibration weight value, the calibration weight value is inversely proportional to the temperature value measured by the thermometer, and the calibration weight value is inversely proportional to a greater one of a reference value and a flowrate standard deviation calculated from flowrate values measured by the flowrate sensor during a reference time period, or is inversely proportional to any one of the reference value and the flowrate standard deviation when the reference value and the flowrate standard deviation are equal to each other.
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.
Claims 1-7, 9-11 are rejected under 35 U.S.C. 103 as being unpatentable over Gotoh (US 20070233412: “Gotoh”) in view of Banares (US 20150121988: “Banares”).
Claim 1. Gotoh discloses a method (Fig. 6) of manufacturing using a mass flow control device (40)[0001], the method (Fig. 6) comprising: closing a valve (42) installed in a main flow path (6) of the mass flow control device (40) to block the main flow path (6) to prevent a fluid from flowing along the main flow path (6)[0064: closing the calibrating valve, (42)]; determining, based on a pressure value measured using a pressure meter (46) installed in the main flow path (6), that the fluid has stopped flowing (Fig. 3a&b)[0064-0065]; determining, based on a flowrate value (8) measured by a flowrate sensor (8) provided on a sensor flow path (14) connected to the main flow path (6), that the fluid is stable [0031] in the main flow path (6)[0064-0065]; in response to determining that the fluid has stopped flowing and that the fluid is stable in the main flow path (6)[0064-0065], calculating a zero point calibration value (Fig. 6) based on a temperature value of the fluid measured by a thermometer (45) installed in the main flow path (6) and the flowrate value measured by the flowrate sensor (8)[0087-0089 equation 5]; updating a zero point of the flowrate sensor (8) based upon the calculated zero point calibration value [0088-0089]; using the updated zero point of the flowrate sensor (8)[0087-0089]. Gotoh does not explicitly disclose:
opening the valve installed in a main flow path of the mass flow control device to unblock the main flow path and measuring the flowrate of the fluid flowing along the main flow path with the flowrate sensor using the updated zero point of the flowrate sensor.
Banares teaches calibration of the mass flow control device to measure the flowrate of the fluid flowing along the main flow path with the flowrate sensor using the updated zero point of the flowrate sensor [0038]. Banares further teaches opening the valve (Fig. 2: 210) installed in a main flow path (Fig. 1: 120 to 130) of the mass flow control device (Fig. 1:140) to unblock the main flow path (120 to 130) and measuring the flowrate of the fluid flowing along the main flow path (120 to 130) with the flowrate sensor (146) using the updated zero point of the flowrate sensor (146) [0057: After performing the rate of decay measurement and verifying the results, the mass flow controller 250 may re-open the internal valve 210, thereby, opening the isolation valve 222 to enable gas supply to the mass flow controller 250].
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to use Banares’s operating step of opening a valve after completing a calibration of a mass flowmeter with Gotoh’s calibration processing because after an off-line analysis/calibration/tuning is complete the operations of the mass flow sensor can operate with improved efficiency [Banares 0005].
Claim 2. Dependent on the method of claim 1. Gotoh further discloses the determining that the fluid does not leak comprises determining that a rate of change of the pressure value with respect to time is less than or equal to a reference value (Pie)[0060].
Claim 3. Dependent on the method of claim 1. Gotoh further discloses the determining the fluid has stopped flowing and determining the fluid is stable [0064], the method further comprises determining that a reference time period [0065: the time Tc of closing of the calibrating valve 42 to the time Te ] for measurement by the pressure meter, the flowrate sensor, and the thermometer has elapsed [0064: the mass-flow-rate-sensing means 8 and the pressure sensor 46, respectively, decrease gradually, finally resulting in a zero mass flow rate and pressure equal to that in a downstream gas pipe 4 (for instance, vacuum or atmospheric pressure)].
Claim 4. Dependent on the method of claim 3. Gotoh further discloses the determining the fluid is stable comprises determining that the fluid is stable when a standard deviation of flowrate values measured by the flowrate sensor during the reference time period is less than or equal to a reference value [0097: The difference (|H.sub.1-H.sub.2|) between the variation ratios H.sub.1, H.sub.2 depends on the inevenness of the measured mass flow rate. Accordingly, the repeatability (level of error to the set mass flow rate) at a constant pressure was evaluated by |H.sub.1-H.sub.2|] & [0093: In the case of using the variation ratio H, the stabilization of the gas flow is determined by whether or not the change ratio (or amount of change) .DELTA.H of the variation ratios H.sub.n, H.sub.n-1 obtained by every sampling has become a predetermined range (for instance, 0.1%) or less. The change ratio .DELTA.H of the variation ratio H is represented by the following formula (8)].
Claim 5. Dependent on the method of claim 3. Gotoh further discloses the determining the fluid is stable [0066] comprises determining that the fluid is stable when a difference between a maximum value and a minimum value of the flowrate (Fig. 3a) measured by the flowrate sensor (8) during the reference time period is less than or equal to a reference value (Rie) [0082: .SIGMA.Rie of the reference mass flow rate, a reference comparator Ai (=.DELTA.Pie.times.V/.SIGMA.Rie), is calculated based on the reference pressure data and the reference mass flow rate data memorized in the reference data memory 52A at the step S41. The ratio of the product (.DELTA.Pfe.times.V) of the pressure decrement .DELTA.Pfe and the volume V of the tank 44 to an integral value .SIGMA.Rfe of the mass flow rate, a calibrating comparator Af (=.DELTA.Pfe.times.V/.SIGMA.Rfe), is calculated based on the calibrating pressure data Pfe and the calibrating mass flow rate data Rfe memorized in the calibrating data memory 52B at the step S42] [0083] The comparator A may be a difference (.DELTA.P.times.V-.SIGMA.R) in place of the ratio (.DELTA.P.times.V/.SIGMA.R). In this case, Ai=.DELTA.Pie.times.V-.SIGMA.Rie, and Af=.DELTA.Pfe.times.V-.SIGMA.Rfe].
Claim 6. Dependent on the method of claim 3. Gotoh further discloses the reference time period ranges from about 5 seconds to about 30 seconds [0079: six seconds].
Claim 7. Dependent on the method of claim 1. Gotoh further discloses the calculating of the zero point calibration value comprises: calculating the zero point calibration value in proportion to an average flowrate of flowrate values measured by the flowrate sensor over time [0086]; and updating an existing zero point value by subtracting the zero point calibration value from the existing zero point value [0097: The difference (|H.sub.1-H.sub.2|) between the variation ratios H.sub.1, H.sub.2 depends on the inevenness of the measured mass flow rate. Accordingly, the repeatability (level of error to the set mass flow rate) at a constant pressure was evaluated by |H.sub.1-H.sub.2|].
Claim 9. Dependent on the method of claim 3. Gotoh further discloses the method further comprises: initially closing the valve (42) to block the main flow path and prevent the fluid from flowing along the main flow path (6); determining at least one of that the fluid is still flowing, that the fluid is not stable in the main flow path, or that the reference time period has not elapsed after the initial closing the valve; and opening the valve responsive to determining at least one of that the fluid is still flowing, that the fluid is not stable in the main flow path (Fig. 11)[0033][0105-0107].
Claim 10. Dependent on the method of claim 9. Gotoh further discloses after updating a zero point of the flowrate sensor based upon the calculated zero point calibration value (S31), the method further comprises: determining, based on a second flowrate [0081] value measured by the flowrate sensor (S30 to second loop), that the fluid is stable in the main flow path (Fig. 6 S23 second loop); in response to determining that the fluid is stable in the main flow path (S23 second loop through), calculating a second zero point calibration value based on a second temperature value of the fluid measured by the thermometer and a second flowrate value measured by the flowrate sensor using the calculated zero point calibration value [0086-0087]; and applying the second calculated zero point calibration value to the zero point of the flowrate sensor (S36) [0086-0087].
Claim 11. Dependent on the method of claim 10. Gotoh further discloses after the applying of the second calculated zero point calibration value to the zero point of the flowrate sensor (8), when it is determined that the applying of the second calculated zero point calibration value to the zero point of the flowrate sensor is performed N or more times, where N is a preselected natural number greater than or equal to 1, the method is terminated [S31][0081].
Claims 12-17 & 19 are rejected under 35 U.S.C. 103 as being unpatentable over Gotoh (US 20070233412: “Gotoh”).
Claim 12. Gotoh further discloses a mass flow control device (40) comprising: a main flow path (6) comprising an inflow path (6a) through which a fluid is introduced [0054-0055], an outflow path (6b) through which the fluid is discharged [0054-0055], and a bypass flow path (12) extending between the inflow path (6a) and the outflow path (6b)[0054]; a sensor flow path (14) extending between the inflow path (6a) and the outflow path (6b)[0054]; a first valve (42) provided in the inflow path (6a) and a second valve (36) provided in the outflow path (6b); a pressure meter (46) and a thermometer (45)[0056-0058] that are provided in the main flow path (6) between the first valve (42) and the second valve (36); a flowrate sensor (8) provided on the sensor flow path (14); and a controller (48) configured to receive measured values from the flowrate sensor (8), the pressure meter (46), and the thermometer (45) and calibrate a zero point of the flowrate sensor [0086-0089], wherein the controller (48) [0056-0058] is further configured to: determine, based on a pressure value measured by the pressure meter (46)[0058], determine, based on a flowrate value measured by the flowrate sensor (8), whether the fluid is stable [0031-0033]; calculate a zero point calibration value (Hm) [0064-0069] based on a temperature value [0086-0089 equation 5] of the fluid measured by the thermometer (45) provided in the main flow path (6) and the flowrate value measured by the flowrate sensor (8)[0066-0067]; and calibrate the zero point (ratio of Hm) of the flowrate sensor using the zero point calibration value [0086-0089]. Gotoh further discloses the first valve (42) and the second valve (36) are closed during the leak detection processing [0105-0107}. Gotoh does not explicitly disclose during zero calibration:
the fluid has stopped flowing when the main flow path is closed by the first valve and the second valve.
The first and second valve function can both close and for the purpose of isolating the flow rate sensor act as duplicate shutoff valves where the courts have held that mere duplication of the essential working parts of a device involves only routine skill in the art. St. Regis Paper Co. vs. Bemis Co. 293 USPQ 8 and In re Harza, 274 F.2d 669, 124 USPQ 378 (CCPA 1960), where the court held that mere duplication of parts has no patentable significance unless a new and unexpected result is produced (see MPEP 2144.04 (VI)(B).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to close both upstream and downstream valves of a flow rate sensor to ensure a zero flowrate with Goth’s flowrate sensor because shutting both valves ensures zero flow rate when there is a leak in one of the valves improving measuring accuracy with duplicated stopping of the gas flow.
Claim 13. Dependent on the mass flow control device of claim 12. Gotoh further discloses actuators configured to close and open the first valve (42) and the second valve (36) according to a control signal from the controller (48)[0057].
Claim 14. Dependent on the mass flow control device of claim 12. Gotoh further discloses after applying the zero point calibration value to the zero point of the flowrate sensor (8), the controller (48) is further configured to determine again whether the fluid leaks [0105-0107].
Claim 15. Dependent on the mass flow control device of claim 12. Gotoh further discloses the controller (48) is further configured such that, during a reference time period (Fig. 6), the controller determines whether the fluid leaks [0105-0107], determines whether the fluid is stable [0031-0033], calculates the zero point calibration value, and applies the zero point calibration value to the zero point of the flowrate sensor [0086-0089].
Claim 16. Dependent on the mass flow control device of claim 12. Gotoh further discloses the controller (48) is further configured to, in response to a determination that the fluid is still flowing [0105-0107], skip determining whether the fluid is stable (S28) and skip (S28 NO) calculating the zero point calibration value (fig. 6), and after a reference time period elapses, attempt to calibrate the zero point of the flowrate sensor again [Fig. 6: S28 to S27].
Claim 17. Dependent on the mass flow control device of claim 12. Gotoh further discloses the controller (48) is further configured to, in response to a determination that the fluid is not stable [0031-0033] & [0066-0067], skip calculation of the zero point calibration value, and after a reference time period (S28), attempt to calibrate the zero point of the flowrate sensor again [0080-0081].
Claim 19. Dependent on the mass flow control device of claim 12, wherein the flowrate sensor is a capillary flowrate sensor (Fig. 14), and the mass flow control device is a thermal mass flow control device (Fig. 14)[0008].
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Monica S Young whose telephone number is (303)297-4785. The examiner can normally be reached M-F 08:30-05:30 MST.
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, Peter Macchiarolo can be reached at 571-273-2375. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/MONICA S YOUNG/Examiner, Art Unit 2855
/PETER J MACCHIAROLO/Supervisory Patent Examiner, Art Unit 2855
Prosecution Insights