DETAILED ACTION
Non Final
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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 11/14/2024 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Drawings
The drawings are objected to under 37 CFR 1.83(a) because they fail to show in figure 12 the pins 238, the throttle plate indication 234, the flange indication 440, the slot indication 318, plate 220 numeral etc… as described in the specification. The figures appears to be incomplete. Replacement figure 12 is required. Figure 11 also appears to be deficient with regard to the numerology as interlineated with the written description.
Any structural detail that is essential for a proper understanding of the disclosed invention should be shown in the drawing. MPEP § 608.02(d). 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 Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
It is noted that upon review, no claim terminology was determined to be of sufficient means plus function nonce/style language so as to invoke 35 USC 112 6th paragraph. Any generic terms appeared to be sufficiently modified by their either prepository terms, modifiers or use in the art to take any generic terms out of potential scope of 112 6th. It is noted that during prosecution the claim language may change and thus there is no final disposition on such interpretation until time as the claims may issue.
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.
(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 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) 1, 2, 6 and 7 is/are rejected under 35 U.S.C. 102 (a)(1)/(a)(2) as being anticipated by Jung (KR 2020-0054663);
Claim(s) 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Jung.
Jung discloses in claim 1: A valve of a substrate processing system (see abstract and figures 1, 5-7b), comprising: a throttle plate (at 230) configured to adjust gas flow through a gas line (20); an outer actuator (driving unit 300/220) arranged outside of the gas line; and an inner actuator (210/240/260) arranged inside of the gas line and connected (via 240) to the throttle plate; wherein the outer actuator is magnetically (magnet 210 and 220 are coupled via magnetic flux) coupled to the inner actuator, and wherein movement the outer actuator causes movement of the inner actuator relative to the gas line to adjust a position of the throttle plate (see comparison of figures 7a to 7b between open and closed where the actuator 300/220 pulls the inner actuator 210 linearly to open or close the valve.)
Jung discloses in claim 2: The valve of claim 1, wherein: the outer actuator includes a first magnet (at 220); and the inner actuator includes a second magnet (at 210.)
Jung discloses in claim 6: The valve of claim 1, wherein the throttle plate includes a first throttle plate (230 right or top quadrant figure 6a) and a second throttle plate (230 left or bottom quadrant figure 6a.)
Jung discloses (or as modified for the reasons discussed above) in claim 7: The valve of claim 6, further comprising a cylinder (ring 250 is cylindrical, and guide 260 is semi cylindrical and both are…) arranged in the gas line.
Jung discloses (or as modified for the reasons discussed above) in claim 8: The valve of claim 7, wherein: radially inner portions of the first throttle plate and the second throttle plate include mounting portions (the interface of 230 at 241 figure 7b provides mounting portions) to receive first [pin] (240) extending between side surfaces of the cylinder, respectively (the pin 240 extends radially and longitudinally to extend towards and along the cylinder inner side surface); and wherein the first throttle plate and the second throttle plate pivot relative to the first [pin]; but Jung does not disclose: a second pin; but one of ordinary skill in the valve art would consider: providing a second pin is a mere reproduction/duplication of a part for the purpose of providing a balance of force;
Accordingly, it would have been obvious to one of ordinary skill in the art at the time of filing of the invention to provide as taught in Jung and as one of ordinary skill in the valve art would suggest, providing a second pin on the opposite interior side of the cylinder to the first pin, for the purpose of providing a balance of forces during actuation; and considering that it has been held that mere duplication of the essential working parts of a device involves only routine skill in the art. In re Harza, 274 F.2d 669, 124 USPQ 378 (CCPA 1960.)
Claim(s) 1-7, 9-17, 19 and 20 (with claims 1, 2 6-8 in the alternative) is/are rejected under 35 U.S.C. 103 as being unpatentable over Hopper (US 3223113) and further in view of Bunce (US 5069239);
Claim(s) 8, 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hopper in view of Bunce, as applied to claims 1, 6, 7, 15 and 16 above, and further in view of Santi (US 11359732.)
Hopper discloses in claim 1: (see at least annotated figure 1 below)
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A valve (figure 1-3) of a substrate processing system (the statement “of a substrate processing system” considered a statement of intended use under MPEP 2114 as the phrase adds no meaningful limitation to the body of the claimed apparatus), comprising: a throttle plate (at 12/28) configured to adjust gas flow through a gas line (10); an outer actuator (driving unit 15/16/20) arranged outside of the gas line; and an inner actuator (13/24) arranged inside of the gas line and connected (via 23/25/18/26) to the throttle plate; wherein the outer actuator is [pneumatically] (via supply/exhaust lines 46/47) coupled to the inner actuator, and wherein movement the outer actuator causes movement of the inner actuator relative to the gas line to adjust a position of the throttle plate (see comparison of figures 1 to 3 between open and closed positions.) Hopper does not disclose the magnetically coupled connection; Bunce teaches: (see at least annotated figure 3 below)
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a magnetically coupled connection between an outer magnet actuator 13 and an inner magnet actuator (7/8/17/17’); with the outer actuator magnet having a first block, (at 1002), outer magnet actuator second block (1004), outer magnet actuator cylindrical plate (at 1006) connecting the two; first and second axial slots (at 1008a,1008b); outer actuator first magnet (13 right), outer actuator second magnet (13 left), inner magnet actuator (7/8/11/17’) with first arm portion (8 right) in radial direction with first arm portion first end with third magnet (17’ right) in first axial slot (holding 17’ right); a first arm portion in radial direction (8 left) with first arm portion second end (left end thereof) with fourth magnet (17’) in second axial slot (holding 17’left; and the magnet actuator connected to the valve for axially reciprocal valve control, and for example, to reduce bleed through the gas line by reducing the number of protrusions into the gas line at the valve location;
Accordingly, it would have been obvious to one of ordinary skill in the art at the time of filing of the invention to provide Hopper in lieu of the pneumatic actuator arrangement, a magnetic actuator arrangement with, as taught in Bunce, an outer magnet actuator magnetically coupled to an inner magnet actuator with the outer magnet actuator having a first block, an outer magnet actuator second block, an outer magnet actuator cylindrical plate connecting the two as taught in Bunce, and with first and second axial slots as taught in Bunce with, and outer actuator first magnet as taught in Bunce with an outer actuator second magnet as taught in Bunce with an inner magnet actuator as arranged in Bunce with a first arm portion extending right in radial direction, and with the first arm portion first end having a third magnet therein, and arranged in the first axial slot held therein, and a first arm portion arranged in a radial direction as taught in Bunce extending left and with the first arm portion having a second end at the left end thereof, and holding a fourth magnet as taught in Bunce, and located in a second axial slot as held there at, and all where the magnet actuator can be connected to the valve for axially reciprocal valve control as taught in Bunce for that of Hopper, and for example, for the purpose of reducing bleed through the gas line by reducing the number of protrusions into the gas line at the valve location.
Hopper discloses (as modified for the reasons discussed above) in claim 2: The valve of claim 1, wherein: the outer actuator includes a first magnet (at 13); and the inner actuator includes a second magnet (Hopper/Bunce iron magnet rods at 17’, Col 4 ln 1 to 11.)
Hopper discloses (as modified for the reasons discussed above) in claim 3: The valve of claim 1, wherein: one of the outer actuator and the inner actuator includes a first magnet (13); and the other one of the outer actuator and the inner actuator (17’) includes a ferrous (iron is ferrous, per Hopper/Bunce iron rods at 17, Col 4 ln 1 to 11) material.)
Hopper discloses (as modified for the reasons discussed above) in claim 4: The valve of claim 1, wherein the outer actuator includes: a first block (15 of Hopper, or Bunce at 1002 of the actuator 13 is provided with a material block body); a second block (at 1004); and a plate (at 1006) connecting the first block and the second block on opposite sides (axial sides there of) of an outer surface of the gas line (and it is noted that 1006 connects the end piece blocks annularly as well.)
Hopper discloses (as modified for the reasons discussed above) in claim 5: The valve of claim 4, wherein the first block and the second block include bores receiving first and second magnets (there are an interior annular seat bores that receive multiple magnets including a first and second 13), respectively.
Hopper discloses (as modified for the reasons discussed above) in claim 6: The valve of claim 1, wherein the throttle plate includes a first throttle plate (12 right) and a second throttle plate (12 left side.)
Hopper discloses (as modified for the reasons discussed above) in claim 7: The valve of claim 6, further comprising a cylinder (ring 13 is cylindrical, and as modified by Bunce for the reasons discussed above, 7 is a cylinder and 17’ is a cylindrical spider cage and see figure 4) arranged in the gas line.
Hopper discloses (as modified for the reasons discussed above) in claim 8: The valve of claim 7, wherein: radially inner portions of the first throttle plate and the second throttle plate include mounting portions (at 2002a,b) to receive first [pin] (240) extending between side surfaces of the cylinder, respectively (the pin 240 extends radially and longitudinally to extend towards and along the cylinder inner side surface); and wherein the first throttle plate and the second throttle plate pivot relative to the first [pin]; but Hopper does not disclose: a second pin; but Santi teaches: first and second pins (426, 424 figure 4a) at the rotational joints of the first and second throttle plates (420/422, and provided for example to maintain a uniform rotational center for each throttle plate and more consistent bearing during prolonged use.)
Accordingly, it would have been obvious to one of ordinary skill in the art at the time of filing of the invention to provide Hopper as taught in Santi, first and second pins as taught in Santi and located at the rotational joints of the first and second throttle plates, all provided for example the purpose of maintaining a uniform rotational center for each throttle plate and more consistent bearing during prolonged use.
Hopper discloses (as modified for the reasons discussed above) in claim 9: The valve of claim 7, wherein the inner actuator includes: a first arm (Hopper/Bunce radially extending arm 8 or as attached to longitudinally extending arm 23 of Hopper); a second arm (18 left side Hopper) connected to the first arm and a radially outer edge of the first throttle plate (at 26 which is so attached to the outer edge rigidly via 26 and plate to provide leverage about 11); and a third arm (at 18 right side) connected to the first arm and a radially outer edge of the second throttle plate (same as left side.)
Hopper discloses (as modified for the reasons discussed above) in claim 10: The valve of claim 9, wherein: the first throttle plate includes a mounting portion (at 26 left side) on a downstream surface thereof; the second arm extends (is extending-ly coupled to and…) through the first throttle plate (12/26 left side via pinned connection as shown) and is connected to the mounting portion (via 28 to 2002a) of the first throttle plate (via 26); the second throttle plate includes a mounting portion (at 26 right side) on a downstream surface thereof; and the third arm (18 right side) extends (is extending-ly coupled to and) through the second throttle plate (12/26 via pinned connection as shown) and is connected to the mounting portion (via 28 to 2002b) of the second throttle plate.
Hopper discloses (as modified for the reasons discussed above) in claim 11: The valve of claim 9, wherein the first arm includes: a first arm portion (Hopper as modified by Bunce that of 8) extending in a radial direction; and a second arm portion (23) including a first end (the end at 24) connected (as modified by Bunce for the reasons discussed above) to the first arm portion and a second end (at 25 end) extending in an axial direction (or Hopper/Bunce includes a second radially axial arm 8 in the opposite direction opposed to the first arm portion 8 so as to provide for the outer magnet support.)
Hopper discloses (as modified for the reasons discussed above) in claim 12: The valve of claim 11, wherein: the cylinder includes first and second axial slots (at least for rods 17’ right and left of Hopper/Bunce) located on opposite sides of thereof, respectively, and the first and second axial slots receive opposite ends of the first arm portion (as shown, and it is also noted that 17 figure 1 is radially aligned in the radial axial direction as opposed to 17’ which is aligned in the longitudinal axial direction of the pipe.)
Hopper discloses (as modified for the reasons discussed above) in claim 13: The valve of claim 11, wherein opposite ends of the first arm portion include at least one of a magnet and ferrous material (Hopper/Bunce 17 or 17’ as the case may be.)
Hopper discloses (as modified for the reasons discussed above) in claim 14: The valve of claim 11, wherein a second end of the second arm portion includes at least one of a magnet (17/17’ as discussed above where Hopper/Bunce have the second arm portion 8) and ferrous material (which is iron.)
Hopper discloses (as modified for the reasons discussed above) in claim 15: The valve of claim 7, wherein the cylinder includes first (2004a) and second (2004b) openings arranged adjacent to the first throttle plate and the second throttle plate (axially speaking for provision of adequate fluid flow there through.)
Hopper discloses in claim 16: A valve (figures 1-3) of a substrate processing system (the statement “of a substrate processing system” considered a statement of intended use under MPEP 2114), comprising: a cylinder (ring of 13 is cylindrical) including first (2004a) and second (2004b can be considered) axial slots; first and second throttle plates (12 right and left) mounted to and pivoting relative to the cylinder; an outer actuator (driving unit 15/16/20) arranged radially outside of a gas line (10) and including: a first block (bottom body of 15) first [pneumatic line] (via 47); a second block (top body of 15) including a second [pneumatic line] (via 46); and a plate (cylindrical body portion of 15) connecting the first block and the second block on opposite (axial) sides (or in other words distal of one another) of an outer surface of the gas line; and an inner actuator (that of 13/23) arranged radially inside of the gas line and including: a first arm (extension of 23) including a first arm portion extending in a radial direction (piston 24 of 23 extends radially), a first end of the first arm portion is arranged [adjacent] the first axial slot, and a second end (distal) of the first arm portion is arranged (away there from); a second arm (18 left) connected to the first arm (at 25) and a radially outer edge of the first throttle plate (via 26 to edge of 12); and a third arm (18 right) connected to the first arm (also at 25) and a radially outer edge of the second throttle plate (via 26 to edge of 12);
Hopper does not disclose: outer actuator with first block first magnet, outer actuator second block second magnet, cylindrical plate connecting the two block ends; inner actuator first arm portion in radial direction with first arm portion first end with third magnet in first axial slot; nor first arm portion in radial direction with first arm portion second end with fourth magnet in second axial slot; Bunce teaches: a magnetically coupled connection between an outer magnet actuator 13 and an inner magnet actuator (7/8/17/17’); with the outer actuator magnet having a first block, (at 1002), outer magnet actuator second block (1004), outer magnet actuator cylindrical plate (at 1006) connecting the two; first and second axial slots (at 1008a,1008b); outer actuator first magnet (13 right), outer actuator second magnet (13 left), inner magnet actuator (7/8/11/17’) with first arm portion (8 right) in radial direction with first arm portion first end with third magnet (17’ right) in first axial slot (holding 17’ right); a first arm portion in radial direction (8 left) with first arm portion second end (left end thereof) with fourth magnet (17’) in second axial slot (holding 17’left; and the magnet actuator connected to the valve for axially reciprocal valve control, and for example, to reduce bleed through the gas line by reducing the number of protrusions into the gas line at the valve location;
Accordingly, it would have been obvious to one of ordinary skill in the art at the time of filing of the invention to provide Hopper in lieu of the pneumatic actuator arrangement, a magnetic actuator arrangement with, as taught in Bunce, an outer magnet actuator magnetically coupled to an inner magnet actuator with the outer magnet actuator having a first block, an outer magnet actuator second block, an outer magnet actuator cylindrical plate connecting the two as taught in Bunce, and with first and second axial slots as taught in Bunce with, and outer actuator first magnet as taught in Bunce with an outer actuator second magnet as taught in Bunce with an inner magnet actuator as arranged in Bunce with a first arm portion extending right in radial direction, and with the first arm portion first end having a third magnet therein, and arranged in the first axial slot held therein, and a first arm portion arranged in a radial direction as taught in Bunce extending left and with the first arm portion having a second end at the left end thereof, and holding a fourth magnet as taught in Bunce, and located in a second axial slot as held there at, and all where the magnet actuator can be connected to the valve for axially reciprocal valve control as taught in Bunce for that of Hopper, and for example, for the purpose of reducing bleed through the gas line by reducing the number of protrusions into the gas line at the valve location.
Hopper discloses (as modified for the reasons discussed above) in claim 17: The valve of claim 16, further comprising: an actuator (14) configured to selective move the outer actuator relative to the gas line, wherein: the first magnet (Hopper/Bunce 13 right/left) of the outer actuator is magnetically coupled to the third magnet (Hopper/Bunce 17’ right) of the first arm portion; the second magnet (13 right/left) of the outer actuator is magnetically coupled to the fourth magnet (17’left) of the first arm portion; and movement of the actuator causes movement of the outer actuator and the inner actuator relative to the gas line to adjust a position of the first and second throttle plates (as modified for the reasons discussed above, where reciprocal axial movement of 7/8 of Hopper/Bunce will axially reciprocally move the arm 23 of Hopper as seen in Bunce, to open the valve.)
Hopper discloses (as modified for the reasons discussed above) in claim 18: The valve of claim 16, wherein: radially inner portions of a downstream side of the first throttle plate and the second throttle plate include mounting portions (at 2002a,b) to receive first and second [joints] (thereat) between side surfaces of the cylinder (upper and lower extents), respectively; and wherein the first throttle plate and the second throttle plate pivot relative to the first and second [joints], respectively; Hopper does not explicitly disclose: first and second pins at the rotational joints; but Santi teaches: first and second pins (426, 424 figure 4a) at the rotational joints of the first and second throttle plates (420/422, and provided for example to maintain a uniform rotational center for each throttle plate and more consistent bearing during prolonged use.)
Accordingly, it would have been obvious to one of ordinary skill in the art at the time of filing of the invention to provide Hopper as taught in Santi, first and second pins as taught in Santi and located at the rotational joints of the first and second throttle plates, all provided for example the purpose of maintaining a uniform rotational center for each throttle plate and more consistent bearing during prolonged use.
Hopper discloses (as modified for the reasons discussed above) in claim 19. The valve of claim 16, wherein: the first arm further includes a second arm (8.third and see figure 4) portion connected at a first end (left end or middle of right side 8.first) to the first arm portion and extending in an axial (radial) direction (defines an axis that is axial there to); and a second end of the second arm portion includes a fifth magnet (17’ included thereat.)
Hopper discloses (as modified for the reasons discussed above) in claim 20: The valve of claim 16, wherein the cylinder includes first and second openings (the openings or orifices to the slots of 1008a,b) arranged adjacent to the first throttle plate and the second throttle plate.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MATTHEW W JELLETT, whose telephone number is 571-270-7497. The examiner can normally be reached on Monday-Friday (9:30AM-6:00PM EST).
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisors can be reached by phone. Ken Rinehart can be reached at (571)-272-4881, or Craig 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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/Matthew W Jellett/Primary Examiner, Art Unit 3753