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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after allowance or after an Office action under Ex Parte Quayle, 25 USPQ 74, 453 O.G. 213 (Comm'r Pat. 1935). Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, prosecution in this application has been reopened pursuant to 37 CFR 1.114. Applicant's submission filed on 06/03/2026 has been entered.
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 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.
The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied 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.
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.
Claims 1, 4-7, and 10-20 are rejected under 35 U.S.C. 103 as being unpatentable over Hamochi (US 2012/0128484) in view of Quartarone et al. (US 2011/0254263), referred to hereafter as Quartarone.
With regard to claim 1:
Hamochi discloses a system comprising: a vacuum pump (1) having a pump body, a vacuum inlet (see the inlet at the top of 3 in Fig. 1A, 9), a vacuum outlet (33), and a rotor assembly disposed within the pump body and configured to rotate about a rotary axis to pump gas from the internal volume of the vacuum chamber out of the vacuum outlet (Fig. 1A, 9); and a mass damper connected to the vacuum pump (Fig. 1A, 9), wherein the mass damper includes a conic portion defined by a converging end and a diverging end (see the converging and diverging ends in Fig. 1A, 9), the conic portion having a cone axis that is coaxial with the rotary axis of the vacuum pump (Fig. 1A, 9), and a damping mass connected to the converging end of the conic portion (Fig. 1A, 9), wherein the damping mass is disposed a distance apart from the vacuum chamber (Fig. 1A, 9) and a suspension mechanism (9b, 21, 22, 23, 23a, 24, 25, 26, individually or in any combination) that connects the vacuum pump to the vacuum chamber (Fig. 1A, 9. Note that the claim doesn’t require direct connection), wherein the suspension mechanism is disposed on a surface of the pump body (Fig. 1A, 9).
Although it is inherent for a turbomolecular pump to be connected to a vacuum chamber including an internal volume in fluid communication with the inlet, and Hamochi discloses that the pump is connected to an apparatus to be pumped ([0007]), Hamochi does not appear to explicitly disclose a vacuum chamber including an internal volume in fluid communication with the inlet, in verbatim.
However, Quartarone teaches a system comprising a vacuum chamber including an internal volume (220, Fig. 2); a vacuum pump having a pump body (Fig. 2), a vacuum inlet (212) in fluid communication with the internal volume (Fig. 2), and a rotor assembly disposed within the pump body and configured to rotate about a rotary axis to pump gas from the internal volume of the vacuum chamber out of the vacuum outlet; and a mass damper connected to the vacuum pump.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the application to combine prior art elements according to known methods, and add a vacuum chamber including an internal volume in fluid communication with the inlet, to yield predictable results of creating vacuum in the vacuum chamber including the internal volume.
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Annotated Fig. 1A of Hamochi
With regard to claim 4, the combination of Hamochi and Quartarone further discloses that the mass damper further includes a base portion (see annotated Fig. 1A. In a 1st interpretation, the base portion is only the section marked as “Based portion”, and in a 2nd interpretation, the base portion is the combination of the two elements marked in the annotated Fig. 1A) connected to the vacuum pump (Fig. 1A), the base portion surrounding the diverging end of the conic portion (see annotated Fig. 1A).
With regard to claim 5, the combination of Hamochi and Quartarone further discloses that an end surface of the base portion is flush with the diverging end of the conic portion (see annotated Fig. 1A).
With regard to claim 6, the combination of Hamochi and Quartarone further discloses that a plurality of mounting holes are defined in the base portion, and the base portion is connected to the vacuum pump by a plurality of fasteners extending through the plurality of mounting holes (Hamochi, Fig. 1A, 9, this rejection is based on the 2nd interpretation of the base portion defined in the rejection of claim 4).
With regard to claim 7, the combination of Hamochi and Quartarone further discloses that the plurality of mounting holes are located at rotationally symmetrical positions relative to the cone axis and are parallel to the cone axis (Hamochi, Fig. 1A, 9, this rejection is based on the 2nd interpretation of the base portion defined in the rejection of claim 4).
With regard to claim 10, the combination of Hamochi and Quartarone further discloses that the conic portion is hollow (see annotated Fig. 1A).
With regard to claim 11, the combination of Hamochi and Quartarone further discloses that the mass damper further includes a cylindrical portion, and the damping mass is connected to the converging end of the conic portion by the cylindrical portion (see annotated Fig. 1A).
With regard to claim 12, the combination of Hamochi and Quartarone further discloses that the cylindrical portion has a diameter that is less than a diameter of the converging end of the conic portion (see annotated Fig. 1A).
With regard to claim 13, the combination of Hamochi and Quartarone further discloses that the damping mass has a diameter that is greater than a diameter of the cylindrical portion (see annotated Fig. 1A).
With regard to claim 14, the combination of Hamochi and Quartarone further discloses that the mass damper is rotationally symmetrical relative to the cone axis (Fig. 1A).
With regard to claim 15, the combination of Hamochi and Quartarone further discloses that the rotary axis of the vacuum pump is arranged vertically (Fig. 1A. Note that arranging the vacuum pump vertically depends on the installation orientation of the vacuum pump, and the vacuum pump of the combination of Hamochi and Quartarone is capable of being installed in the recited orientation).
With regard to claim 16, the combination of Hamochi and Quartarone further discloses that the rotary axis of the vacuum pump is arranged horizontally (Fig. 1A. Note that arranging the vacuum pump horizontally depends on the installation orientation of the vacuum pump, and the vacuum pump of the combination of Hamochi and Quartarone is capable of being installed in the recited orientation).
With regard to claim 17, the combination of Hamochi and Quartarone further discloses that the rotary axis of the vacuum pump is arranged at an oblique angle (Fig. 1A. Note that arranging the vacuum pump at an oblique angle depends on the installation orientation of the vacuum pump, and the vacuum pump of the combination of Hamochi and Quartarone is capable of being installed in the recited orientation).
With regard to claim 18, the combination of Hamochi and Quartarone further discloses that the vacuum pump is disposed on top of the vacuum chamber (see Quartarone, when the assembly of Fig. 2 is turned upside down. Note that arranging the vacuum pump on top of the vacuum chamber depends on the installation orientation of the vacuum pump and chamber, and the vacuum pump and chamber of the combination of Hamochi and Quartarone is capable of being installed in the recited orientation), and the mass damper is disposed on top of the vacuum pump. Note that arranging the mass damper on top of the vacuum pump depends on the installation orientation of the vacuum pump and damper, and the vacuum pump and damper of the combination of Hamochi and Quartarone is capable of being installed in the recited orientation).
With regard to claim 19, the combination of Hamochi and Quartarone further discloses that the vacuum pump is disposed beneath the vacuum chamber (see Fig. 2 of Quartarone. Note that arranging the vacuum pump beneath the vacuum chamber depends on the installation orientation of the vacuum pump and chamber, and the vacuum pump and chamber of the combination of Hamochi and Quartarone is capable of being installed in the recited orientation), and the mass damper is disposed beneath the vacuum pump. Note that arranging the mass damper beneath the vacuum pump depends on the installation orientation of the vacuum pump and damper, and the vacuum pump and damper of the combination of Hamochi and Quartarone is capable of being installed in the recited orientation).
With regard to claim 20:
Hamochi discloses a method comprising: a vacuum pump (Fig. 1A, 9) includes a pump body (Fig. 1A, 9) and a rotor assembly (Fig. 1A, 9) disposed within the pump body and configured to rotate about a rotary axis (Fig. 1A, 9); a suspension mechanism connected a surface of the vacuum body (Fig. 1A, 9), connecting a mass damper to the vacuum pump (Fig. 1A, 9), wherein the mass damper includes a conic portion (see annotated Fig. 1A, 9) defined by a converging end and a diverging end (Fig. 1A, 9), the conic portion having a cone axis that is coaxial with the rotary axis of the vacuum pump (Fig. 1A, 9), and a damping mass connected to the converging end of the conic portion (Fig. 1A, 9); and driving the rotor assembly to rotate within the pump body to pump gas from an inlet (inherent in a vacuum pump) out of a vacuum outlet (inherent in a vacuum pump).
Although it is inherent for a turbomolecular pump to be connected to a vacuum chamber including an internal volume in fluid communication with the inlet, and Hamochi discloses that the pump is connected to an apparatus to be pumped ([0007]), Hamochi does not appear to explicitly disclose a vacuum chamber including an internal volume in fluid communication with the inlet, and connecting a vacuum inlet of a vacuum pump to a vacuum chamber, in verbatim.
However, Quartarone teaches a system comprising a vacuum chamber including an internal volume (220, Fig. 2); a vacuum pump having a pump body (Fig. 2), a vacuum inlet (212) in fluid communication with the internal volume (Fig. 2), and a rotor assembly disposed within the pump body and configured to rotate about a rotary axis to pump gas from the internal volume of the vacuum chamber out of the vacuum outlet; and a mass damper connected to the vacuum pump.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the application to combine prior art elements according to known methods, and add a vacuum chamber including an internal volume in fluid communication with the inlet, to yield predictable results of creating vacuum in the vacuum chamber including the internal volume.
In the combination of Hamochi and Quartarone, a surface of the vacuum body is connected to the vacuum chamber with the suspension mechanism, and the damping mass is disposed a distance apart from the vacuum chamber.
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Claims 2-3 are rejected under 35 U.S.C. 103 as being unpatentable over Hamochi (US 2012/0128484) in view of Quartarone et al. (US 2011/0254263), referred to hereafter as Quartarone, as applied to claim 1 above, and further in view of Lamb et al. (WO 2022195251), referred to hereafter as Lamb.
With regard to claims 2-3:
The combination of Hamochi and Quartarone discloses the system of claim 1, as set forth above, and further discloses that the vacuum pump is a turbo molecular pump (title).
The combination of Hamochi and Quartarone is silent about the rpm and frequency of the pump, and does not appear to explicitly disclose that the rotor assembly is configured to rotate at a speed of at least 50,000 rpm, and that the vacuum pump has a vibration frequency of greater than 1 kHz due to rotation of the rotor assembly.
However, Lamb teaches a turbomolecular vacuum pump and teaches that it is typical for a turbomolecular vacuum pump to rotate at a speed of at least 50,000 rpm, and have a vibration frequency of greater than 1 kHz due to rotation of the rotor assembly ([0004]-[0006]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the application, when looking for a rpm and frequency for the pump, to use a rotor speed of at least 50,000 rpm, and a vibration frequency of greater than 1 kHz, since they are typical.
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Note: Below rejection of claims 6-7 is based on the 1st interpretation of the base portion defined in the rejection of claim 4.
Claims 6-7 are rejected under 35 U.S.C. 103 as being unpatentable over Hamochi (US 2012/0128484) in view of Quartarone et al. (US 2011/0254263), referred to hereafter as Quartarone, as applied to claim 1 above, and further in view of NPL “Double Vibration Damper” from Agilent Technologies, dated April 18th, 2011, referred to hereafter as Agilent.
With regard to claims 6-7:
The combination of Hamochi and Quartarone discloses the system of claim 4, as set forth above.
The combination of Hamochi and Quartarone discloses does not appear to explicitly disclose, based on the 1st interpretation of the base portion defined in the rejection of claim 4, a plurality of mounting holes are defined in the base portion, and the base portion is connected to the vacuum pump by a plurality of fasteners extending through the plurality of mounting holes, the plurality of mounting holes are located at rotationally symmetrical positions relative to the cone axis and are parallel to the cone axis.
However, Agilent teaches mass damper for a vacuum pump including a conic portion defined by a converging end and a diverging end, and a damping mass connected to the converging end of the conic portion (see figure below), the mass damper further includes a base portion for connection to the vacuum pump, a plurality of mounting holes are defined in the base portion, and the base portion is connected to the vacuum pump by a plurality of fasteners extending through the plurality of mounting holes, the plurality of mounting holes are located at rotationally symmetrical positions relative to the cone axis and are parallel to the cone axis (see figure below).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the application to do a simple substitution of one known element for another, namely the one-piece connection of the combination of Hamochi and Quartarone with the connection through fasteners of Agilent by having a plurality of mounting holes defined in the base portion, and connecting the base portion to the vacuum pump by a plurality of fasteners extending through the plurality of mounting holes, the plurality of mounting holes being located at rotationally symmetrical positions relative to the cone axis and parallel to the cone axis, to obtain predictable results of attaching the vibration damper to the vacuum pump.
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Allowable Subject Matter
Claim(s) 8-9 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.
The following is a statement of reasons for the indication of allowable subject matter: with regard to claims 8-9, the prior art doesn’t disclose a plurality of embossed protrusions are defined on an end surface of the base portion, and each of the plurality of embossed protrusions surrounds one of the plurality of mounting holes, or that a threaded hole is defined on a planar surface of the damping mass and is coaxial with the cone axis, and the mass damper further includes a tuning mass connected to the damping mass by a fastener received in the threaded hole, and it would not have been obvious to one of ordinary skill in the art before the effective filing date of the application, nor any motivation, to modify the prior arts for these deficiencies, because it would render the primary reference unsatisfactory for its intended purpose and would require improper hindsight reconstruction.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Refer to the attached form PTO-892 for pertinent prior art disclosing similar systems such as US 20030053918.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BEHNOUSH HAGHIGHIAN whose telephone number is (571)270-7558. The examiner can normally be reached Mon-Fri, 7:00am-15:00pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Courtney D Heinle can be reached at (571) 270-3508. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/BEHNOUSH HAGHIGHIAN/
Examiner
Art Unit 3745
/COURTNEY D HEINLE/Supervisory Patent Examiner, Art Unit 3745
Prosecution Insights