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.
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, 2, 6, 13 and 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ichor (WO 2017/176815) in view of Adachi et al. (U.S. Publication 2019/0368609), hereinafter “Adachi”.
In regards to claims 1, and 13, Ichor discloses a fluid delivery system comprising: a substrate block (401) comprising: an upper portion (404); a substrate port (402) in the upper portion; a substrate fluid passageway (606) extending from the substrate port (402); a substrate ring (SR) defining the substrate port (402); and a substrate seal channel (SSC) formed in the upper portion (404) and surrounding the substrate ring (SR), an outer surface of the substrate ring (SR) forming an inner surface of the substrate seal channel (SSC); an active component comprising (962, Fig. 11A): a lower portion; a component port in the lower portion; a component fluid passageway extending from the component port; a component ring (CR) defining the component port; and a component seal channel (CSC) formed in the lower portion and surrounding the component ring (CR), an outer surface of the component ring (CR) forming an inner surface of the component seal channel (CSC); a seal ring (1680) comprising: an interior sleeve (1683) defining a sleeve fluid passageway; and an outer ring (1682) connected to and surrounding the interior sleeve (1683) so that: (1) a first annular groove (USG) is formed between the outer ring (1682) and the interior sleeve (1683) in the first side of the seal ring (1680); and (2) a second annular groove (LSG) is formed between the outer ring and the interior sleeve in the second side of the seal ring, the active component (962) mounted to the substrate block (401) so that: (1) the second substrate port and the first component port are aligned; and (2) the seal ring (1680) nests in each of the substrate seal channel and the component seal channel and the seal ring fluidly seals the substrate fluid passageway and the component fluid passageway.
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Ichor does not specifically disclose that the seal ring includes a seal retention feature, the seal retention feature formed on the outer surface of the outer ring.
Adachi teaches a seal ring (1) having an interior sleeve, sleeve fluid passageway, outer ring, annular upper sleeve groove and annular lower sleeve groove. The seal ring, and associated channels, includes a keyed relationship via a varied slope profile. See para. [0029] and Figs. 2 and 3.
It would have been obvious to a person having ordinary skill in the art at the time the invention was filed to have designed the seal ring of Ichor to include a retention feature extending from the outer ring to ensure sealing between the gasket and the valve block as taught by Adachi (paras. [0003] and [0004]).
In regards to claim 13, the office notes that the seal retention feature includes a lip (L) which engages a wall of the substrate seal channel in a pressurized condition.
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In regards to claim 2, the seal ring (1680) comprises a longitudinal axis extending parallel to the interior sleeve, the seal ring being symmetrical about the longitudinal axis.
In regards to claim 6, Adachi illustrates that the seal retention feature comprises a lip (L).
In regards to claim 15, the seal retention feature is located with the substrate seal channel.
Allowable Subject Matter
Claims 12 and 14 are allowed.
Claims 3-5, 7-11 and 14 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.
Response to Arguments
Applicant’s arguments have been considered but are moot in light of the new grounds of rejection as outlined above.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 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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