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.
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 1–10 are 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.
Claim 1: the limitation “wherein the control unit exhausts the gas accumulated between the control valve and the restriction part from the exhaust path by closing the first valve and opening the second valve, in a state where the control valve is open, when changing a flow rate from a first flow rate to a second flow rate” is a method for use of an apparatus within an apparatus claim. This language is indefinite because it is unclear to a person having ordinary skill in the art at the time of the invention, as to when infringement occurs. Infringement could occur when “one creates a system that allows the user” to operates the valves or “when the user actually uses the” valves in the gas system. MPEP §2173.05(p).
Claim 4: the limitation “a tempering part” in line 2 is unclear.
Claim 8 recites the limitation "the gas flow path" in line 8. There is insufficient antecedent basis for this limitation in the claim.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 1–3 and 5–10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hirata et al. (US PGPub 20160252913 A1) in view of Sawachi et al. (USPN 10665430 B2).
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Figure 1 - Hirata Annotated Fig. 1
Regarding Claim 1, Hirata discloses an exhaust structure of a flow rate control device comprising: the flow rate control device (1) including a main body (2) in which a body flow path (10a) communicating a fluid inlet (3) and a fluid outlet (11) is formed; a control valve (6) provided on the main body flow path (10a), a restriction part (13) provided downstream of the control valve (6); and a pressure sensor (P1) provided between the control valve (6) and the restriction part (13) for measuring a pressure of the main body flow path (10a); a gas source (G1) for supplying a gas to the flow rate control device (1); a first valve (22) disposed in the gas supply path (10a) upstream of the branch point (Hirata Annotated Fig. 1),a second valve (24) disposed in the exhaust path (12) but does not disclose an exhaust path branching at a branch point on the gas supply path between the gas source and the flow rate control device or a control unit for controlling operation of the first valve and the second valve.
Sawachi teaches an exhaust path (EL) branching at a branch point (PP2) on the gas supply path (L2) between the gas source (GS2) and the flow rate control device (V2) in order to reduce the error during the pressure adjustment phase (Col. 9, Lines 1–19).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the location of the exhaust path of Hirata with a location of the exhaust path as taught by Sawachi in order to reduce the error during the pressure adjustment phase.
Sawachi teaches a control unit (C2) for controlling operation of the first valve (VL1), the second valve (VL3), and the control valve (U2) in order to detect, calculate and determine whether to automatically deliver a gas or exhaust the system (Col. 8, Lines 35–48).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the first and second valves of Hirata with a control circuit as taught by Sawachi in order to automatically control the gas system, minimizing human error.
Per the Hirata–Sawachi combination Sawachi’s control circuit is used to operate Hirata’s valves.
The Hirata–Sawachi combination teaches the control unit (Sawachi C2) exhausts the gas accumulated between the control valve (Hirata 6) and the restriction part (Hirata OL) from the exhaust path (Hirata 11) by closing the first valve (Hirata 22) and opening the second valve (Hirata 24), in a state where the control valve (Hirata 6) is open, when changing a flow rate from a first flow rate to a second flow rate (Sawachi Figs. 14A–15B where a user can program an input to achieve this combination).
Regarding Claim 2, the Hirata–Sawachi combination teaches the flow rate control device configured so as to pre-exhaust the gas between the first valve (Hirata 22) and the control valve (Hirata 6) by closing the first valve (Hirata 22) while opening the second valve (Hirata 24) and closing the control valve (Hirata 6) temporarily, before exhausting the gas between the control valve (Hirata 6) and the restriction part (Hirata OL), when changing the flow rate from the first flow rate to the second flow rate (Sawachi Fig. 6 and Col. 9, Lines 36–49, where a user can program an input to achieve this combination including the claimed limitation here).
Regarding Claim 3, the Hirata–Sawachi combination teaches a supply pressure sensor (Hirata P1) for measuring a pressure of the flow path (Hirata 10a) between the control valve (Hirata 6) and the first valve (Hirata 22), wherein the exhaust structure is configured to control the opening and closing operation of the control valve (Hirata 6) based on an output of the supply pressure sensor (Hirata P1), when changing the flow rate from the first flow rate to the second flow rate (Hirata Para. 3, and Sawachi Col. 9, Lines 36–49).
Regarding Claim 5, the Hirata–Sawachi combination teaches a plurality of gas supply paths and a plurality of corresponding flow rate control devices (Hirata Figs. 1 and 2, where Fig. 1 illustrates the FCS and Fig. 2 which illustrates the plurality), wherein the first valve (Hirata 22) is provided in each of the plurality of the gas supply paths (Hirata Fig. 2), and the exhaust path (Hirata 11/27) provide with the second valve (Hirata 24) is commonly connected to the plurality of the gas supply paths (Hirata Fig. 2).
Regarding Claim 6, the Hirata–Sawachi combination teaches a plurality of gas supply paths (Hirata G1. . .G4) and a plurality of corresponding flow rate control devices (Hirata FCS–N), wherein the plurality of the gas supply paths (Hirata G1. . .G4), the plurality of the gas supply paths (Hirata G1. . .G4) and the exhaust path (Hirata 11/27) are formed in one flow path block (Hirata Fig. 1) the first valve (Hirata 22) and the second valve (Hirata 24) being fixed to the one flow path block (Hirata Fig. 1).
Regarding Claim 7, the Hirata–Sawachi combination teaches the gas supply system is configured to exhaust the gas between the control valve (Hirata 6) and the restriction part (Hirata OL) until a pressure corresponding to the second flow rate is reached (Sawachi Col. 15, Lines 28–37, where, in this case VL1 is equivalent to Applicant’s control valve), then to close the second valve (Hirata 24), open the first valve (Hirata 22) and the control valve (Hirata 6), and perform control at the second flow rate (Sawachi Col. 15, Lines 37–39, where, in this case the switching valve is equivalent to Applicant’s control valve).
Regarding Claim 8, Hirata discloses an exhaust method of a flow rate control device performed by using an exhaust structure for a flow rate control device, the exhaust structure including; the flow rate control device (1) having a main body (2) in which a main body flow path (10a) communicating a fluid inlet (9) and a fluid outlet (11) is formed; a control valve (6) provided on the main body flow path (10a); a restriction part (OL) provided downstream of the control valve (6); and a pressure sensor (P1) for measuring a pressure of the main body flow path (10a); a gas source (G1) for supplying a gas to the flow rate control device (1) but does not disclose an exhaust path branching at a branch point on the gas supply path between the gas source and the flow rate control device.
Sawachi teaches an exhaust path (EL) branching at a branch point (PP2) on the gas supply path (L2) between the gas source (GS2) and the flow rate control device (V2) in order to reduce the error during the pressure adjustment phase (Col. 9, Lines 1–19).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the location of the exhaust path of Hirata with a location of the exhaust path as taught by Sawachi in order to reduce the error during the pressure adjustment phase.
The Hirata–Sawachi combination teaches a first valve (Hirata 22) disposed in the gas supply path (Hirata G1) upstream of the branch point (Sawachi PP2), and a second valve (Hirata 24) disposed in the exhaust path (Hirata 11/27); the method comprising: a step of outputting a signal (Sawachi Col. 8, Lines 7–20 and Col. 19, Lines 21–24, where the pressure sensor outputs a signal) for changing the state from controlling the first flow rate (where the first flow rate is the flow rate that is lower than the target flow rate) to controlling the second flow rate (Sawachi Col. 5, Lines 35–48, where the second flow rate is the target flow rate); a step of closing the first valve (Hirata 22) and opening the second valve (Hirata 24) in a state where the control valve (Hirata 6) is opened (Sawachi Col. 15, Lines 28–39, where, in this case the switching valve is equivalent to Applicant’s control valve); and a step of exhausting a fluid accumulated between the control valve (Hirata 6) and the restriction part (Hirata OL) to the exhaust device (Hirata 28 and Para. 69).
Regarding Claim 9, the Hirata–Sawachi combination teaches a step of pre-exhausting the gas between the first valve (Hirata 22) and the control valve (Hirata 6 and Sawachi Col. 15, Lines 54–57), and then opening the control valve (Hirata 6) by closing the first valve (Hirata 22) and opening the second valve (Hirata 24) while closing the control valve (Hirata 6) temporarily (Sawachi Col. 15, Lines 57–60, where the control valve is closed because there is not flow through L1, in this case the switching valve is equivalent to Applicant’s control valve), after outputting a signal for changing a state from controlling the first valve (Hirata 22) to controlling the second valve (Hirata 24 and Sawachi Col. 19, Lines 21–24, where the pressure sensor outputs a signal and Col. 15, Lines 57–60, where the control valve is closed because there is not flow through L1, in this case the switching valve is equivalent to Applicant’s control valve), and before exhausting the gas between the control valve (Hirata 6) and the restriction part (Hirata OL).
Regarding Claim 10, the Hirata–Sawachi combination teaches the gas supply method further includes a step of closing the second valve (Hirata 24) and opening the first valve (Hirata 22) and the control valve (Hirata 6) to perform control at a second flow rate (Sawachi Col. 15, Line 60 through Col.16, Line 4), after the step of exhausting the fluid accumulated between the control valve (Hirata 6) and the restriction part (Hirata OL) to the exhaust device (Hirata 28 and Col. 15, Lines 57–60).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Kawakami et al. (USPG Pub 20190164725 A1) discloses a gas supply line and exhaust line on the same side.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Angelisa L. Hicks whose telephone number is 571-272-9552 and email is Angelisa.Hicks@USPTO.gov. The examiner can normally be reached Monday-Friday (9:30AM-5:00PM EST).
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/Angelisa L. Hicks/
Primary Examiner
Art Unit 3753
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