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 .
Specification
The disclosure is objected to because of the following informalities:
“gas-technically” [0017] is unclear and confusing. The term is not recognized in the art and it is unclear what exactly “gas-technically” is.
Appropriate correction is required.
The use of the term “WISE”, which is a trade name or a mark used in commerce, has been noted in this application. The term should be accompanied by the generic terminology; furthermore the term should be capitalized wherever it appears or, where appropriate, include a proper symbol indicating use in commerce such as ™, SM , or ® following the term.
Although the use of trade names and marks used in commerce (i.e., trademarks, service marks, certification marks, and collective marks) are permissible in patent applications, the proprietary nature of the marks should be respected and every effort made to prevent their use in any manner which might adversely affect their validity as commercial marks.
Claim Objections
Claims 10 and 18 are objected to because of the following informalities:
Claim 10 recites “the gas sensor” (lines 4 and 5) but the claim lacks proper antecedent basis. It is unclear whether this is the same as the positively recited “a gas-specific sensor” in line 3.
Claim 18 recites “the gas sensor” (lines 3-4) but the claim lacks proper antecedent basis. It is unclear whether this is the same as the positively recited “a gas-specific sensor” in line 3.
Appropriate correction is required.
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.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 10-18 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding claim 10, “the gas sensor” (lines 4 and 5) lacks proper antecedent basis. It is unclear whether this is the same as the positively recited “a gas-specific sensor” in line 3.
Claims 11-17 are rejected based on their dependency to claim 10.
Regarding claim 18, “the gas sensor” (lines 3-4) lacks proper antecedent basis. It is unclear whether this is the same as the positively recited “a gas-specific sensor” in line 3.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 10-16 and 18 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Reismann et al. (US 2022/0181709).
Regarding claim 10, Reismann et al. (hereinafter Reismann) teaches a gas-specific vacuum leak detector comprising: a multistage vacuum pump 20; and a gas-specific sensor 28, wherein the gas sensor is an integral part of the vacuum pump 20 (Fig. 1), and wherein the gas sensor can detect a specific gas in the vacuum pump [0032].
Regarding claim 11, Reismann teaches the vacuum leak detector according to claim 10, wherein the multistage vacuum pump has a plurality of pump stages (18/19) surrounded by a common housing in which the gas sensor 28 is also arranged (Fig. 1).
Regarding claim 12, Reismann teaches the vacuum leak detector according to claim 10, wherein the multistage vacuum pump has a port 22 for a test chamber 16 or a test object 14 [0030-0031].
Regarding claim 13, Reismann teaches the vacuum leak detector according to claim 10, further comprising a branch connected to the gas sensor 28 at a location upstream of at least one stage of the multistage vacuum pump relative to a conveying direction of the multistage vacuum pump [0032] (Fig. 2).
Regarding claim 14, Reismann teaches the vacuum leak detector according to claim 13, wherein the branch has a selectively actuatable stop valve (V1, V2, or V3) (Fig. 2).
Regarding claim 15, Reismann teaches the vacuum leak detector according to claim 14, wherein the selectively actuatable stop valve has a valve controller configured to actuate the valve as a function of a speed or a power consumption of the multistage vacuum pump (Reismann teaches opening and closing the valves in order to ensure molecularly free movement conditions for the gas (function of speed) [0046].
Regarding claim 16, Reismann teaches the vacuum leak detector according to claim 10, wherein the sensor is a membrane sensor, a semiconductor or metal oxide sensor, a mass spectrometer, a C02 sensor, an infrared absorption sensor, or a gas-specific emission-spectroscopic sensor [0032].
Regarding claim 18, Reismann teaches a method for producing a gas-specific vacuum leak detector, the method comprising: integrating a gas-specific gas sensor 28 into a multistage vacuum pump 20 so that the gas sensor 28 is an integral part of the vacuum pump 20 and is thereby adapted to detect a specific gas within the vacuum pump 20 [0032].
Claim(s) 10, 12, 13, and 16-18 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Grosse Bley et al. (US 2019/0162193).
Regarding claim 10, Grosse Bley et al. (hereinafter Grosse) teaches a gas-specific vacuum leak detector comprising: a multistage vacuum pump 12; and a gas-specific sensor 17, wherein the gas sensor 17 is an integral part of the vacuum pump 1 [0022], and wherein the gas sensor 17 can detect a specific gas in the vacuum pump [0031].
Regarding claim 12, Grosse teaches the vacuum leak detector according to claim 10, wherein the multistage vacuum pump 12 has a port 20 for a test chamber 28 or a test object [0022].
Regarding claim 13, Grosse teaches the vacuum leak detector according to claim 10, further comprising a branch 14 connected to the gas sensor 17 at a location upstream of at least one stage of the multistage vacuum pump relative to a conveying direction of the multistage vacuum pump [0032] (Fig. 1).
Regarding claim 16, Grosse teaches the vacuum leak detector according to claim 10, wherein the sensor 17 is a membrane sensor, a semiconductor or metal oxide sensor, a mass spectrometer, a CO2 sensor, an infrared absorption sensor, or a gas-specific emission-spectroscopic sensor [0022].
Regarding claim 17, Grosse teaches the vacuum leak detector according to claim 10, wherein the multistage vacuum pump is a multistage scroll pump, a rotary vane pump, a roots pump, a screw stage pump, or a turbomolecular pump [0012].
Regarding claim 18, Grosse teaches a method for producing a gas-specific vacuum leak detector, the method comprising: integrating a gas-specific gas sensor 17 into a multistage vacuum pump 12 so that the gas sensor 17 is an integral part of the vacuum pump 12 and is thereby adapted to detect a specific gas within the vacuum pump 12 [0022].
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANDREW V DO whose telephone number is (571)270-3420. The examiner can normally be reached Monday-Friday 7:30-4:30.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Walter L Lindsay can be reached at 571-272-1674. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/WALTER L LINDSAY JR/Supervisory Patent Examiner, Art Unit 2852
/A.V.D/Examiner, Art Unit 2852
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