DETAILED ACTION
Final Rejection
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 .
Response to Amendment
The amendment filed 5 May 2026 has been entered. Claims 1, 3-4, and 6-14 are pending in the application. Claims 2 and 5 are canceled from consideration.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 24 February 2026 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Claim Rejections - 35 USC § 102
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 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.
Claims 1, 3-4, and 6-14 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Arndt (U.S. Patent 5,766,441).
Regarding claim 1, Arndt discloses a flow restrictor (FIG. 3) for a mass flow controller, comprising the following flow guiding elements: an inlet plate 23 with at least one inlet bore 36, a throttle plate 40 with at least one throttle bore 42, and an outlet plate 37 with at least one outlet bore 38, wherein the flow guiding elements are arranged at a distance from one another and wherein the at least one inlet bore and the at least one outlet bore are each arranged offset from one another in a spatial direction transverse to a center axis of the flow restrictor, and wherein the at least one inlet bore (left 36 in FIG. 2), the at least one throttle bore (top 42 in FIG. 2), and the at least one outlet bore (right 38 in FIG. 2) are arranged offset with respect to one another without an overlap in a projection plane aligned transversely to the center axis (FIG. 2-5; Col. 5 ln 15-55).
Regarding claim 3, Arndt discloses the inlet plate has a plurality of inlet bores 36 which are radially spaced from the central axis and wherein the outlet plate has a plurality of outlet bores 38 which are radially spaced from the central axis (FIG. 2-5; Col. 5 ln 15-55).
Regarding claim 4, Arndt discloses the cross-section of the throttle bore is equal to or greater than a total cross-section of the outlet bores (FIG. 2-3).
Regarding claim 6, Arndt discloses all inlet bores are formed on the inlet plate with the same bore diameter at the same angular pitch and with the same radial distance from the center axis and/or wherein all outlet bores are formed on the outlet plate with the same bore diameter at the same angular pitch and with the same radial distance from the center axis (FIG. 2-3; Col. 5 ln 15-55).
Regarding claim 7, Arndt discloses an axial extent of the throttle bore along the center axis corresponds to 2 times to 10 times of an axial extent of the inlet bore and 2 times to 10 times of an axial extent of the outlet bore (FIG. 3).
Regarding claim 8, Arndt discloses the inlet plate and the throttle plate and the outlet plate are arranged in a throttle sleeve 17 extending along the central axis (FIG. 1, 3).
Regarding claim 9, Arndt discloses a flow restrictor for a mass flow controller, comprising at least two flow guiding elements from the group of:
an inlet plate 23 with at least one inlet bore 36,
a throttle plate 40 with at least one throttle bore 42, and
an outlet plate 37 with at least one outlet bore 38,
wherein the flow guiding elements are arranged at a distance from one another, wherein the at least one inlet bore and/or the at least one throttle bore and/or the at least one outlet bore are each arranged offset from one another in a spatial direction transverse to a center axis of the flow restrictor,
wherein the throttle plate is designed as a circular disc (FIG. 2) through which the throttle bore passes, starting from a front circular surface (top FIG. 3 orientation) to a rear circular surface (bottom FIG. 3 orientation), and
wherein, starting from the front circular surface, a front annular collar (See FIG. 3, top surface of the outer portion of 40) extends in the axial direction, which is designed for a planar contact with the inlet plate, and/or starting from the rear circular surface, a rear annular collar (See FIG. 3, bottom surface of the outer portion of 40) extends in the axial direction, which is designed for a planar contact with the outlet plate (the middle layer 40 is designed as a circular body, therefore, the entirety of which is shaped as a collar, “something resembling a collar in shape” (Merriam-Webster)) (FIG. 2-5; Col. 5 ln 15-55).
Regarding claim 10, Arndt discloses the inlet plate has a plurality of inlet bores 36 which are radially spaced from the central axis and/or wherein the throttle bore of the throttle plate is aligned coaxially with the central axis and/or wherein the outlet plate has a plurality of outlet bores 38 which are radially spaced from the central axis (FIG. 2-5).
Regarding claim 11, Arndt discloses a total cross-section of the inlet bores is equal to or greater than a cross-section of the throttle bore and/or wherein the cross-section of the throttle bore is equal to or greater than a total cross-section of the outlet bores (FIG. 3-5).
Regarding claim 12, Arndt discloses all inlet bores are formed on the inlet plate with the same bore diameter at the same angular pitch and with the same radial distance from the center axis (FIG. 2-3) and/or wherein all outlet bores are formed on the outlet plate with the same bore diameter at the same angular pitch and with the same radial distance from the center axis (FIG. 2-3).
Regarding claim 13, Arndt discloses an axial extent of the throttle bore along the center axis corresponds to 2 times to 10 times of an axial extent of the inlet bore and/or 2 times to 10 times of an axial extent of the outlet bore (FIG. 3).
Regarding claim 14, Arndt discloses the inlet plate and/or the throttle plate and/or the outlet plate are arranged in a throttle sleeve 17 extending along the central axis (FIG. 1, 3).
Response to Arguments
Applicant's arguments filed 5 May 2026 have been fully considered but they are not persuasive.
Applicant first argues that while Arndt discloses an orifice with multiple layers, it fails to disclose the combination of features disclosed in Claim 1. In response to Applicant’s arguments, 37 CFR § 1.111(b) states, “A general allegation that the claims define a patentable invention without specifically pointing out how the language of the claims patentably distinguishes them from the references does not comply with the requirements of this section.” Applicant has failed to specifically point out how the language of the claims patentably distinguishes them from the references.
Applicant argues that “there is no indication in Arndt that the middle layer 40... has an outlet bore that is arranged offset to a center axis of the flow restrictor”. Applicant’s arguments are more specific than what the claims require. It is the claims that define the claimed invention, and it is claims, not specifications that are anticipated or unpatentable. The claims do not require the throttle plate (middle layer 40) to have an outlet bore.
Applicant lastly argues that Arndt does not disclose a front annular collar extends in the axial direction, which is designed for a planar contact with the inlet plate, and/or starting from the rear circular surface, a rear annular collar extends in the axial direction, which is designed for a planar contact with the outlet plate. However, as stated above in the rejection of claim 9, Arndt does disclose these features. The throttle plate (middle layer 40) is designed as a circular body, therefore, the entirety of which is shaped as a collar, “something resembling a collar in shape” (Merriam-Webster). Furthermore, Merriam-Webster defines a collar as “a band, a strip, or a chain worn around the neck” (Merriam-Webster). Middle plate, and more specifically the top and bottom surfaces of the middle plate resemble in shape a band, strip, or chain worn around the neck. Accordingly, all of the limitations of the claims have been anticipated by Arndt. Applicant’s arguments are not persuasive.
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 D BALLMAN whose telephone number is (571)272-9984. The examiner can normally be reached Mon-Fri 6:00-3:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Craig M Schneider can be reached at 571-272-3607. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CHRISTOPHER D BALLMAN/Examiner, Art Unit 3753
/CRAIG M SCHNEIDER/Supervisory Patent Examiner, Art Unit 3753
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