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 § 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.
Claims 1-8 are rejected under 35 U.S.C. 103 as being unpatentable over Carpenter et al US7090727 (hereinafter “Carpenter”) in view of Fondurulia et al US8986456 (hereinafter “Fondurulia”).
Regarding claim 1, Carpenter discloses an apparatus (chamber-200), comprising: a gas line (vapor delivery path-207 formed in part by bore-252); a metal body (portion-258) surrounding a segment of the gas line (See fig 4A), wherein the metal body comprises: a heater rod (heating device-238) within the metal body (Col 6 line 22-67, Fig 3); and a first thermocouple (temperature sensing device-250) connected to the metal body; and an insulator (insulation-213) surrounding a portion of the metal body (Col 8 line 14-20).
However, Carpenter fails to disclose a heater rod embedded within the metal body. Fondurulia discloses a heater rod (heating assembly-460) embedded within the metal body (base-402). (See Col 13 line 31-36 and Col 15 line 8-27, Figs 11H)
It would have been obvious to one of ordinary skill in the art before the effective filing date to include the design of Fondurulia into Carpenter for the purpose of creating a more efficient device. The modification would allow for increased conductive heating transfer.
Regarding claim 2, Carpenter in view of Fondurulia disclose the apparatus according to claim 1.
Furthermore, Carpenter discloses a portion of the heater rod (heating device-238) extends outside the metal body (portion-258). (Col 6 line 21-54, Fig 3-4B)
Regarding claim 3, Carpenter in view of Fondurulia disclose the apparatus according to claim 2.
Furthermore, Carpenter discloses the insulator (insulation-213) surrounds the portion of the heater rod (heating device-238) that extends outside the metal body (portion-258).
Regarding claim 4, Carpenter in view of Fondurulia disclose the apparatus according to claim 1.
Furthermore, Carpenter discloses the insulator (insulation-213) is separated from the metal body (portion-258) by an air gap. (Col 8 line 14-20)
Regarding claim 5, Carpenter in view of Fondurulia disclose the apparatus according to claim 1.
Furthermore, Carpenter discloses the gas line (vapor delivery path-207 formed in part by bore-252) extends through the insulator (insulation-213).
Regarding claim 6, Carpenter discloses the apparatus according to claim 1.
However, Carpenter fails to disclose the metal body is formed from stainless steel. Fondurulia discloses the metal body (base-402) is formed from stainless steel. (Col 11 line 6-26)
It would have been obvious to one of ordinary skill in the art before the effective filing date to include the design of Fondurulia into Carpenter for the purpose of creating a more efficient device. The modification would allow for increased conductive heating transfer.
Regarding claim 7, Carpenter discloses the apparatus according to claim 1.
However, Carpenter fails to disclose the metal body further comprises a second thermocouple. Fondurulia discloses the metal body (base-402) further comprises a second thermocouple.(Col 22 line 49-Col 23 line 7)
It would have been obvious to one of ordinary skill in the art before the effective filing date to include the design of Fondurulia into Carpenter for the purpose of creating a more efficient device. The modification would allow for increased conductive heating transfer.
Regarding claim 8, Carpenter discloses the apparatus according to claim 1.
However, Carpenter fails to disclose the metal body further comprises a second thermocouple and wherein the first thermocouple is arranged at a first side of the metal body and the second thermocouple is arranged at a second side of the metal body, opposite the first side. Fondurulia discloses the metal body further comprises a second thermocouple and wherein the first thermocouple is arranged at a first side of the metal body and the second thermocouple is arranged at a second side of the metal body, opposite the first side. (Col 22 line 49-Col 23 line 7)
It would have been obvious to one of ordinary skill in the art before the effective filing date to include the design of Fondurulia into Carpenter for the purpose of creating a more efficient device. The modification would allow for increased conductive heating transfer.
Allowable Subject Matter
Claims 9-20 are indicated as having allowable subject matter.
The following is an examiner’s statement of reasons for allowance:
Independent claim 9 is allowable as prior arts made available do not teach, or fairly suggest, a second cabinet disposed within the first cabinet and comprising a second wall in parallel with the first wall, wherein the second wall comprises a second through-hole aligned with the first through-hole.
Independent claim 15 is allowable as prior arts made available do not teach, or fairly suggest, a second cabinet disposed within the first cabinet and comprising a second wall in parallel with the first wall, wherein the second wall comprises a second through-hole aligned with the first through-hole, wherein the second cabinet is separated from the first cabinet by an air gap; a vessel disposed within the second cabinet; a second section connected to an exhaust port; and a third section connected to a pressure sensor, wherein the third section extends through the first and second enclosures, and the pressure sensor is disposed outside of the second enclosure.
Conclusion
The prior art as cited on the PTO-892 is made of record and not relied upon but considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NIGEL H PLUMB whose telephone number is (571)272-8886. The examiner can normally be reached Monday-Friday 7am-5pm.
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, John Breene can be reached at 571-272-4107. 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 (USA or CANADA) or 571-272-1000.
/NIGEL H PLUMB/Examiner, Art Unit 2855
/Eric S. McCall/Primary Examiner, Art Unit 2855
Prosecution Insights