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 Arguments
Applicant's arguments filed 12/17/25 have been fully considered but they are not persuasive. Applicant argues that the Lo, Smith and Glavan references do not disclose the claimed “collar”. The Examiner has considered this argument and respectfully disagrees. 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.
A “collar” is defined in the Oxford dictionary as a restraining or connecting band, ring, or pipe in machinery. Further, 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.
In response to applicant's argument that the Lo, Smith and Glavan references don’t disclose collars that function as collars to buffer and prevent breaking, a recitation of the intended use of the claimed invention must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the intended use, then it meets the claim. All the aforementioned references are capable of performing the defined intended use.
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, 5-7, 12, 15 and 16 is/are rejected under 35 U.S.C. 102(a)(1) as
being anticipated by Lo et al. (10101047).
Regarding claim 1, the Lo et al. reference discloses a gas diffusion device
(Figure 1), comprising: at least one porous tube (10), having a longitudinal space
(length of tube 10), the longitudinal space having a closed end (12) and an open end
(23); and at least one collar (14), connected to the open end, configured to buffer a
corresponding coupling structure on a bottom portion of a wafer container (8) to which
the porous tube is assembled so as to prevent breaking of the open end (See column 3,
lines 9 - 14).
Regarding claim 2, wherein a shape of a horizontal cross section of the porous
tube (10) is a circle having a diameter.
Regarding claim 3, wherein the coupling structure at the bottom portion defines
a through channel which allows a gas to enter the longitudinal space. Gas enters at the
bottom portion of the coupling structure. See column 3, lines 21 - 27.
Regarding claim 5, wherein the through channel has a center axis which is
located within the longitudinal space. The through channel center axis is located
within the longitudinal space.
Regarding claim 6, wherein when the porous tube (10) is assembled in the
wafer container (8), one side surface of the porous tube faces a plurality of wafers (82)
in the wafer container, the side surface has a plurality of recesses (11) formed thereon,
and a level of each of the recesses is between those of two adjacent wafers in the wafer
container. See Figure 1.
Regarding claim 7, wherein the porous tube is formed by assembling a top
cover, a tower and the open end that are detachable. Forming the device is not
germane to the issue of patentability of the device itself. Therefore, this limitation
has not been given patentable weight.
Regarding claim 12, further comprising an airflow guiding member (30),
arranged adjacent to one side of the porous tube. Inasmuch structure that is defined
by "airflow guiding member", fixing boards (30) meet the claim limitation.
Regarding claim 15, absent further defined structure, the air flow guiding
member is a baffle plate (30) formed to match an outer surface of the porous tube, and
adhered to the outer surface of the porous tubes to form seamless combination. See
Figure 2.
Regarding claim 16, wherein the porous tube (10) and the coupling structure
(14) are coaxial. See Figure 5.
Claim(s) 1-3, 5-9 and 16 is/are rejected under 35 U.S.C. 102(a)(1) as being
anticipated by Smith et al. (11610795).
Regarding claim 1, the Smith et al. reference discloses a gas diffusion device
(Figure 1), comprising: at least one porous tube (Fig. 4), having a longitudinal space
(length of tube), the longitudinal space having a closed end (top of tube) and an open
end (Fig. 6A, 6B); and at least one collar (420, 440), connected to the open end,
configured to buffer a corresponding coupling structure on a bottom portion of a wafer
container (190) to which the porous tube is assembled so as to prevent breaking of the
open end (See column 10, lines 53 - 60).
Regarding claim 2, wherein a shape of a horizontal cross section of the porous
tube is a circle having a diameter. See Figures 6A and 6B.
Regarding claim 3, wherein the coupling structure at the bottom portion defines
a through channel which allows a gas to enter the longitudinal space. Gas enters at the
bottom portion of the coupling structure. See column 2, lines 29 - 40.
Regarding claim 5, wherein the through channel has a center axis which is
located within the longitudinal space. The through channel center axis is located
within the longitudinal space.
Regarding claim 6, wherein when the porous tube is assembled in the wafer
container (190), one side surface of the porous tube faces a plurality of wafers (82) in
the wafer container, the side surface has a plurality of recesses (11) formed thereon,
and a level of each of the recesses is between those of two adjacent wafers in the wafer
container. See Figure 1.
Regarding claim 7, wherein the porous tube is formed by assembling a top
cover, a tower and the open end that are detachable. Forming the device is not
germane to the issue of patentability of the device itself. Therefore, this limitation
has not been given patentable weight.
Regarding claim 8, wherein the at least one collar (440) [is] connected to an
inner side of the open end of the at least one porous tube. Collar (440) is connected
to an inner side by tabs (442; see Fig. 6A).
Regarding claim 9, further comprising a first collar arranged at the open end of
the porous tube and a second collar located between the first collar and the coupling
structure when the porous tube is coupled to the corresponding coupling structure (see
Figures 6A and 6B).
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538
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Regarding claim 16, wherein the porous tube and the coupling structure are
coaxial. See annotated Figure 6A, above.
Claim(s) 1-3, 5-9, 12-14 and 17 is/are rejected under 35 U.S.C. 102(a)(1) as
being anticipated by Glavan et al. (10672637).
Regarding claim 1, the Glavan et al. reference discloses a gas diffusion device
(Figure 1), comprising: at least one porous tube (see Figs. 2 and 3), having a
longitudinal space (length of tube), the longitudinal space having a closed end (top of
tube) and an open end (198); and at least one collar (142, 206), connected to the open
end, configured to buffer a corresponding coupling structure on a bottom portion of a
wafer container (30) to which the porous tube (186) is assembled so as to prevent
breaking of the open end.
Regarding claim 2, wherein a shape of a horizontal cross section of the porous
tube is a circle having a diameter. See col. 6, lines 62 - 63.
Regarding claim 3, wherein the coupling structure at the bottom portion defines
a through channel which allows a gas to enter the longitudinal space (inherent).
Regarding claim 5, wherein the through channel has a center axis (162) which
is located within the longitudinal space. The through channel center axis is located
within the longitudinal space.
Regarding claim 6, wherein when the porous tube (186) is assembled in the
wafer container (30), one side surface of the porous tube faces a plurality of wafers (32)
in the wafer container, the side surface has a plurality of recesses formed thereon, and
a level of each of the recesses is between those of two adjacent wafers in the wafer
container (Inherent; see Figure 8).
Regarding claim 7, wherein the porous tube is formed by assembling a top
cover, a tower and the open end that are detachable. Forming the device is not
germane to the issue of patentability of the device itself. Therefore, this limitation
has not been given patentable weight.
Regarding claim 8, wherein the at least one collar (142) [is] connected to an
inner side of the open end of the at least one porous tube. See Figure 3.
Regarding claim 9, further comprising a first collar (206) arranged at the open
end of the porous tube and a second collar (142) located between the first collar and the
coupling structure when the porous tube is coupled to the corresponding coupling
structure (see Figure 4).
Regarding claim 12, further comprising an airflow guiding member (94; see Fig.
5), arranged adjacent to one side of the porous tube (186).
Regarding claim 13, wherein the air flow guiding member is a baffle plate
formed by a backplate (100) and two flanks (166).
Regarding claim 14, wherein the air flow guiding member is an arc baffle plate.
See annotated Figure 5.
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614
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Regarding claim 17, see offset (130) of the porous tube and coupling structure,
above. Also, see Figure 3.
Claim Rejections - 35 USC § 103
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 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.
Claim(s) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over
Lo et al., Smith et al. and Glavan et al. in view of Burns et al. (7900776).
Regarding claim 4, the Lo et al., Smith et al. and Glavan et al. references
disclose the invention (discussed supra), but don't disclose wherein the porous tube or
the collar is made of a thermal resistant material which is one or a combination of at
least two selected from a group consisting of PEEK, HTPC, FKM, PPS, PPO,
chlorinated polyether, POB, TORLON, EP, PF, PEI, PI and LCP. The Burns et al.
reference discloses another gas diffusion device (Figure 8) having various components
made of desirable PEEK thermoplastics that are well known in the art (col. 5, lines 11 –
17). Therefore, it would have been obvious to one of ordinary skill in the art at the time
of the effective filing date to modify the Lo et al., Smith et al. and Glavan et al. devices
to have various components made of PEEK as, for example, taught by the Burns et al.
reference, since PEEK thermoplastics are desirable, well known in the art and would be
obvious to try without unexpected results.
Claim(s) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over
Smith et al.
Regarding claim 10, the Smith et al. reference discloses the invention
(discussed supra), including a unitary article of integral construction being bonded by
welds, friction fit, adhesives, fasteners, etc (see col. 2, lines 29 - 56), but doesn't
explicitly disclose wherein the first collar is attached by means of sintering or bonding to
the open end of the porous tube. However, the Examiner takes Official Notice that it
would have been obvious to one of ordinary skill in the art at the time of the effective
filing date to further apply one of the bonding techniques, above, to the first collar as
well-known and conventional and would be obvious to try without unexpected results.
Regarding claim 11, the Smith et al. reference discloses the invention
(discussed supra) including being made of numerous different polymers (see col. 5, line
53 - col. 6, line 3), but doesn't disclose wherein the materials of the first collar and the
second collar are softer than the material of the porous tube. However, it would have
been obvious to one having ordinary skill in the art at the time the invention was made
to make the first and second collars of a material softer than the porous tube, 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
Claim(s) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over
Glavan et al. in view of Smith et al.
Regarding claim 10, the Glavan et al. reference discloses the invention
(discussed supra), but doesn't disclose wherein the first collar is attached by means of
sintering or bonding to the open end of the porous tube. The Smith et al. reference
discloses a gas diffusion device (discussed supra) including a unitary article of integral
construction being bonded by welds, friction fit, adhesives, fasteners, etc.... (see col. 2,
lines 29 - 56). Therefore, it would have been obvious to one of ordinary skill in the art
at the time of the effective filing date to modify the Glavan et al. device to further apply
one of the bonding techniques as, for example, taught by the Smith et al. reference,
since sintering and bonding are well-known and conventional and would be obvious to
try without unexpected results.
Claim(s) 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over
Glavan et al.
Regarding claim 11, the Glavan et al. reference discloses the invention
(discussed supra), but doesn't disclose wherein the materials of the first collar and the
second collar are softer than the material of the porous tube. However, it would have
been obvious to one having ordinary skill in the art at the time the invention was made
to make the first and second collars of a material softer than the porous tube, 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
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 TIMOTHY LEWIS MAUST whose telephone number is (571)272-4891. The examiner can normally be reached Monday - Thursday, 7am - 5pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, 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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/TIMOTHY L MAUST/Primary Examiner, Art Unit 3753