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 .
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.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the “foil”, “fibrous material”, and “sintered disk” must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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) 1-11, 15-17, and 19-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Baum et al (US 20170342557; hereinafter Baum).
As regarding claim 1, Baum discloses the claimed invention for a vaporizer (title, abstract and 10) comprising: a vessel (12) having an outlet (40), wherein the vessel contains a vaporizable precursor ([0065]) that, when vaporized, produces a precursor vapor ([0061]); a diffuser plate (50, 60, 70, 126) located within the vessel, between the vaporizable precursor and the outlet; wherein the diffuser has a first surface, a second surface opposite the first surface, and a plurality of holes (58, 62, 74) extending from the first surface of the diffuser through to the second surface of the diffuser.
As regarding claim 2, Baum discloses all of limitations as set forth above. Baum discloses the claimed invention for wherein the vessel comprises: a vessel body (12); and a lid (18) removably coupled to the vessel body, wherein the lid, when mated with the vessel body, defines an interior volume of the vessel body; wherein an inlet (20) and the outlet (40) of the vessel are located in the lid (fig. 1).
As regarding claim 3, Baum discloses all of limitations as set forth above. Baum discloses the claimed invention for a tray (50) located within the vessel, wherein the tray is configured to support the vaporizable precursor; wherein the diffuser (52) is located within the vessel between the tray and the outlet (40).
As regarding claim 4, Baum discloses all of limitations as set forth above. Baum discloses the claimed invention for wherein the tray (50) is one of a plurality of stacked trays (fig. 1) located within the vessel, wherein the tray is a topmost tray of the plurality of stacked trays.
As regarding claim 5, Baum discloses all of limitations as set forth above. Baum discloses the claimed invention for wherein: the tray comprises: a base (fig. 1; no number); and a sidewall (22) extending upwards from an outer edge of the base; and the diffuser (52) is located on at least a portion of the tray.
As regarding claim 6, Baum discloses all of limitations as set forth above. Baum discloses the claimed invention for wherein the diffuser (52) contacts at least a portion of a top surface of the sidewall of the tray (fig. 1).
As regarding claim 7, Baum discloses all of limitations as set forth above. Baum discloses the claimed invention for wherein the diffuser (52) contacts at least a portion of a top surface of the base of the tray (fig. 1).
As regarding claim 8, Baum discloses all of limitations as set forth above. Baum discloses the claimed invention for wherein a width of the diffuser is less than a width of the vessel (fig. 1).
As regarding claim 9, Baum discloses all of limitations as set forth above. Baum discloses the claimed invention for wherein the diffuser is a plate (fig. 2).
As regarding claim 10, Baum discloses all of limitations as set forth above. Baum discloses the claimed invention for wherein the diffuser comprises a sheet (fig. 3).
As regarding claim 11, Baum discloses all of limitations as set forth above. Baum discloses the claimed invention for wherein the diffuser comprises a frit material (126).
As regarding claim 15, Baum discloses all of limitations as set forth above. Baum discloses the claimed invention for wherein the plurality of holes comprises circular-shaped holes (figs. 2-3).
As regarding claim 16, Baum discloses all of limitations as set forth above. Baum discloses the claimed invention for wherein the plurality of holes comprises slot-shaped holes (figs. 4-5).
As regarding claim 17, Baum discloses all of limitations as set forth above. Baum discloses the claimed invention for wherein the plurality of holes is arranged in a symmetric pattern (figs. 2-3).
As regarding claim 19, Baum discloses all of limitations as set forth above. Baum discloses the claimed invention for wherein the diffuser does not comprise stainless steel ([0066]).
As regarding claim 20, Baum discloses all of limitations as set forth above. Baum discloses the claimed invention for wherein the diffuser covers at least 50% of the vaporizable precursor (figs. 2-3).
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.
Claim(s) 12-13 and 18-20 are rejected under 35 U.S.C. 103 as being unpatentable over Baum et al (US 20170342557; hereinafter Baum).
As regarding claim 12, Baum discloses all of limitations as set forth above. Baum discloses the claimed invention except for wherein the diffuser comprises a foil. It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention was made to provide wherein the diffuser comprises a foil (fibrous material has a ‘foil configuration’) in order to enhance vaporizer performance, since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416.
As regarding claim 13, Baum discloses all of limitations as set forth above. Baum discloses the claimed invention except for wherein the diffuser comprises a fibrous material. It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention was made to provide wherein the diffuser comprises a fibrous material in order to enhance vaporizer performance, since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416.
As regarding claim 18, Baum discloses all of limitations as set forth above. Baum discloses the claimed invention except for wherein the plurality of holes is arranged in an asymmetric pattern. It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention was made to provide wherein the plurality of holes is arranged in an asymmetric pattern in order to enhance vaporizer performance, since it has been held that rearranging parts of an invention involves only routine skill in the art. In re Japikse, 86 USPQ 70.
As regarding claim 19, alternatively, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention was made to provide wherein the diffuser does not comprise stainless steel (material) in order to enhance vaporizer performance, since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416.
As regarding claim 20, alternatively, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention was made to provide wherein the diffuser covers at least 50% of the vaporizable precursor in order to enhance vaporizer performance, since it has been held that discovering an optimum value of a result effective variable involves only routine skill in the art. In re Boesch, 617 F.2d 272, 205 USPQ 215 (CCPA 1980).
Claim(s) 14 is rejected under 35 U.S.C. 103 as being unpatentable over Baum et al (US 20170342557; hereinafter Baum), as applied supra, and further in view of Kanjolia et al (US 20120266967; hereinafter Kanjolia).
As regarding claim 14, Baum discloses all of limitations as set forth above. Baum discloses the claimed invention except for wherein the diffuser comprises a sintered disk. It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention was made to provide wherein the diffuser comprises a sintered disk in order to enhance vaporizer performance, since it was known in the art as shown in Kanjolia ([0066]).
Conclusion
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/DUNG H BUI/ Primary Examiner, Art Unit 1773
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