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(s) was/were filed in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement(s) was/were considered by the examiner.
Election/Restrictions
Claims 18-20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 04/24/2026.
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.
Claim(s) 1-3, 9, 11-12, 16 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Harris et al. (U.S. Publication 2004/0173270), hereinafter “Harris”.
In regards to claim 1, Harris discloses an apparatus comprising: a mounting panel comprising a plurality of metal plates (502, 504, see also para. [0039]) that form :a reservoir (508) to contain a process fluid; and multiple channels (flow path through plate 502 which interconnects 508 to 710) through which to flow the process fluid, wherein at least a pair of the multiple channels are connected with the reservoir (508); and a temperature sensor (see paras. [0029] and [0049] which disclose flow control devices such as temperature sensors are attached to the top side of the top panel), attached to a top of the mounting panel, in fluid communication with the reservoir (508) through one of a plurality of vias (710) formed in the mounting panel.
Regarding "diffusion -bonded" as recited in claim 1, the patentability of a product does not depend on its method of production. If the product in the product-by-process claim is the same as or obvious from a product in the prior art, the claim is unpatentable even though the prior product was made by a different process (see MPEP 2113).
Merriam-Webster defines “reservoir” as “a part of an apparatus in which a liquid is held.” Channels 508 contain process fluid. Accordingly, under broadest reasonable interpretation, the office interprets channel 508 as a reservoir.
In regards to claims 2, 11 and 12, the mounting panel comprises the plurality of vias, further comprising a pressure sensor attached to a top of the mounting panel, the pressure sensor in fluid communication with the reservoir through a second of the plurality of vias. See para. [0029] which discloses that temperature and pressure sensors may be coupled to the panel and Figs. 6 and 7 which illustrate a plurality of vias 710 fluidly coupled to a singular channel 508.
In regards to claim 3, the mounting panel further comprises a plurality of orifices (615) that are sized and adapted for attaching process fluid control components to the mounting panel, further comprising a plurality of the process fluid control components including: the temperature sensor; a set of inlet ports (405, 410, 412), attached to the mounting panel, to receive the process fluid; and at least one outlet port (440), attached to the mounting panel, to output the process fluid from the mounting panel.
In regards to claims 9 and 16 , Harris discloses that the system may include valves, mass flow controllers and measurement devices. It is the office’s position that such disclosure is inclusive of a flow sensor. Like the temperature sensor necessitated in claim 1, the flow sensor may be in fluid communication with a first channel (flow path through plate 502 which interconnects 508 to 710) of the multiple channels through a second via of the plurality of vias, wherein the flow sensor is to sense a rate of flow of the process fluid through the first channel. In regards to claim 16, see also the rejection of claim 11.
Allowable Subject Matter
Claims 4-8, 10, 13-15 and 17 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to R.K. Arundale whose telephone number is 571-270-3453. 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. Kenneth Rinehart can be reached at 571-272-4881, and 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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/ROBERT K ARUNDALE/Primary Examiner, Art Unit 3753
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