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
Each information disclosure statement (IDS) submitted on 11/17/2025 and 12/24/2024 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
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.
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference character “71” has been used to designate both “cylindrical portion” and “column portion” [ph 0061]; and reference character “73” is not indicated for the stepped portion in the figures.
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. 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 Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-17 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claims 1 and 17 each recites “a first seal included in the coupling mechanism…”. It is unclear and/or uncertain (i.e. there appears to be a zone of uncertainty) from a reading of the claim as to what is intended by the term/phrase/idea and how such a term/phrase/idea should be interpreted. In other words, the written description [ph 0061] as filed on 12/24/2024, indicates that the coupling mechanism is constituted within the first seal, but the claim recites that the first seal is in the coupling mechanism, thus making the metes and bounds of the claimed phrase unclear in light of the written description. In the interest of compact prosecution, the term/phrase will be given its broadest reasonable interpretation. Appropriate correction is required.
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, 7, 9-14 and 16 is/are rejected (as indefinitely understood)under 35 U.S.C. 102 (a)(1)/(a)(2) as being anticipated by Mueller (US 2064623);
Claim(s) 8 is/are rejected (as indefinitely understood)under 35 U.S.C. 103 as being unpatentable over Mueller as applied to claims 1 and 7 (as indefinitely understood) above;
Claim(s) 1 (in the alternative), 16 and 17 and is/are rejected (as indefinitely understood) under 35 U.S.C. 103 as being unpatentable over Choi (US 8137468) and further in view of Mueller.
Mueller discloses in claim 1: (see at least annotated figure 10 below)
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A gas box (figure 10 includes a box-like gas conveyance, Col 1 ln 5-10) comprising: a first housing (at 1/29) having a flow path for a fluid provided therein; a valve (6) equipped with a rotator (at 1002) and configured to open or close the flow path with rotation of the rotator (as shown); a first opening (via 1004/1012) provided in a first wall (29) of the first housing; a coupling mechanism (at 1006) including an elastic body (20/47) and a first engaging portion (at 1008 including 10/11 and 13) engaged with the rotator to connect (rotationally and biasing) the rotator and the first wall, the coupling mechanism being provided to face the first opening (the inside portion of the coupling mechanism 1008 faces towards the stem opening) so as to rotate together with the rotator by torque (rotational force) applied from outside (via 9) the first housing; and a first seal (at surface to surface seal 40 where 47 forcibly seals against 21, and presses 46 against 29) included in the coupling mechanism and configured to be biased from the first engaging portion toward the first wall by the elastic body (20 or 17) to seal the first opening (1004 in surface to surface sealing engagement.)
Mueller discloses in claim 2: The gas box of claim 1, further comprising: an outer frame (at 1010 including 24) provided on the first wall inside the first housing and configured to surround the first seal (annularly) so that the first seal is capable of rotating inside the outer frame (15 rotates along with 8 and 9); an annular portion (at 1012) formed on the outer frame to protrude inward of the outer frame, the annular portion forming the first opening together with a through-hole (at 1004) provided in the first wall; and a sealing surface (bottom surface of 15 facing 1012) provided on the first seal to come into contact with the annular portion and to seal the first opening (when pressed thereon during reciprocal action).
Mueller discloses in claim 7: The gas box of claim 1, wherein one of the rotator and the first engaging portion has a first recess (at 1014), and the other of the rotator and the first engaging portion has an entry portion (the end at 10) configured to enter the first recess and come into contact with a bottom surface (at 20) of the first recess (the end proximal the bottom surface has a seat that is frustoconical and will engage into the space below the race of 11.)
Mueller discloses in claim 8: The gas box of claim 7, wherein a region from an opening edge of a side surface of the first recess toward the bottom surface forms an [axially aligned] surface which is [parallel] with respect to an opening direction of the first recess, so that an opening area of the first recess [is maintained] toward the opening edge from the bottom surface; Mueller does not disclose, but considering that one of ordinary skill in the art would consider utilizing: a narrowing or inclined surface to maintain surface to surface engagement during rotation and also maintaining an axially centered relationship between parts;
It would have been obvious to one of ordinary skill in the art at the time of filing of the invention to arrange the axially aligned surface of Muller as slightly inclined, narrowing to the bottom, for the purpose of for example, maintaining surface to surface engagement and centering as the surface rotates, since such a modification would have involved a mere change in the form or shape of a component. A change in form or shape is generally recognized as being within the level of ordinary skill in the art. In re Dailey, 149 USPQ 47 (CCPA 1976).
Mueller discloses (as modified for the reasons discussed above) in claim 9: The gas box of claim 7, wherein the entry portion includes a first linear portion (at 10) extending in a linear direction and a first protrusion (front end of 10) protruding from the first linear portion in a direction intersecting an extension direction (axially) of the first linear portion, and wherein the first recess includes a main portion (wall surface surrounding 11) to which the first linear portion enters, and a sub-portion (teeth at 11) formed to protrude from the main portion and to which the first protrusion enters.
Mueller discloses in claim 10: The gas box of claim 1, wherein, in the first engaging portion in a state of not being engaged with the rotator, a tip side (tip end of 10) for engagement with the rotator is slidable relative to a base side connected to the first seal via the elastic body (the spring 20/47 provides the biasing between the parts, and the slidable engagement is relative to the parts.)
Mueller discloses in claim 11: The gas box of claim 1, wherein one of the first engaging portion and the first seal includes a second recess (via 43) configured to accommodate a second linear portion (distal end of 10 to 46) provided on the other of the first engaging portion and the first seal, wherein the second linear portion extends linearly along an opening direction of the second recess (facing towards the wall opening 1004), and wherein the elastic body is provided between a bottom surface of the second recess and the second linear portion (at least that of spring 47, but also 20 provides the same biasing direction.)
Mueller discloses in claim 12: The gas box of claim 11, wherein a groove (at 44/45 and that of 30 and see figure 13) is provided in one of a side surface of the second recess and a circumferential side of the second linear portion (of 10), and a second protrusion is provided on the other of the side surface of the second recess and the circumferential side of the second linear portion, wherein the groove is formed along the opening direction of the second recess when formed in the second recess and is formed along an extension direction (the length thereof) of the second linear portion when formed in the second linear portion, and wherein the second protrusion enters the groove (10 enters 30 for mating connection.)
Mueller discloses in claim 13: The gas box of claim 12, wherein the first seal includes the second recess, and wherein the groove is formed in the second recess (as shown.)
Mueller discloses in claim 14: The gas box of claim 13, wherein the second linear portion includes a third recess (inside of 48) having a bottom surface (at 1018) facing the bottom surface of the second recess, and wherein the elastic body (20) is provided between the bottom surface of the second recess and the bottom surface of the third recess.
Choi (in the alternative) discloses in claim 1: A gas box (204 figure 2A) comprising: a first housing (300a/350) having a flow path (via 271/272) for a fluid provided therein; a valve (260) equipped with a rotator (ball valve for the manual valve 260 as seen in Col 10 ln 25-30 must include a rotator) and configured to open or close the flow path with rotation of the rotator (as discussed via quarter turn); a first opening (necessary for the stem of 260) provided in a first wall of the first housing; Choi does not explicitly disclose, although Mueller teaches a coupling mechanism (at 1006) including an elastic body (20/47) and a first engaging portion (at 1008 including 10/11 and 13) engaged with the rotator (at 1002) to connect (rotationally and biasing) the rotator and the first wall, the coupling mechanism being provided to face the first opening (the inside portion of the coupling mechanism 1008 faces towards the stem opening) so as to rotate together with the rotator by torque (rotational force) applied from outside (via 9) the first housing; and a first seal (at surface to surface seal 40 where 47 forcibly seals against 21, and presses 46 against 29) included in the coupling mechanism and configured to be biased from the first engaging portion toward the first wall by the elastic body (20 or 17) to seal the first opening (1004 in surface to surface sealing engagement, and all provided for example for the purpose of maintaining a fully engaged actuation of the valve via spring biased coupling arrangement that can take up thermal expansion and contraction as needed.)
Accordingly, it would have been obvious to one of ordinary skill in the art at the time of filing of the invention to provide Choi as taught in Mueller, with the above arrangement as taught in Mueller, where such a coupling mechanism can include an elastic body as taught in Mueller with a first engaging portion that can be engaged with the rotator of Choi as taught in Mueller and to connect rotationally and biasingly with the rotator of Choi/Mueller and also with the first wall as taught in Mueller, where the coupling mechanism can be provided so as to face the first opening of Choi as taught in Mueller with the inside portion of the coupling mechanism facing towards the stem opening of Choi as taught in Mueller and so as to rotate together with the rotator by torque (rotational force) being applied from outside the first housing as taught in Mueller; and where a first seal as taught in Mueller can forcibly seal within the coupling mechanism and can be configured to be biased from the first engaging portion toward the first wall by the elastic body so as to seal the first opening as taught in Mueller in surface to surface sealing engagement, and all provided for example for the purpose of maintaining a fully engaged actuation of the valve via spring biased coupling arrangement that can take up thermal expansion and contraction as needed.
Choi (as modified for the reasons discussed above) discloses in claim 16: The gas box of claim 1, further comprising a second housing (204) configured to surround the first housing (300a) and having a second wall facing the first wall (as shown), wherein the first housing is connected to a supply path (via 271) for supplying an inert gas and a first exhaust path (via 272) for exhausting the first housing, and wherein the second housing is connected to a second exhaust path (the entrance for the personnel, Col 9 ln 15-20 will act to purge gas) for exhausting (surrounding) the first housing.
Choi discloses in claim 17: A semiconductor manufacturing apparatus (see figure 2A and abstract) comprising: a processing container (206, and Col 12 ln 45) configured to accommodate and process a substrate (as used per Col 2 ln 5-10); and a gas box (at 204, i.e. a gas panel) wherein the gas box includes: a first housing (350/300a) having a flow path (via 271 or 272) provided therein, wherein a fluid (270) which becomes a gas (Col 9 ln 25-35 via heating of the fluid precursor etc…) to be supplied into the processing container flows through the flow path; a valve (at 260 figure 4a) equipped with a rotator (ball valve for the manual valve 260 as seen in Col 10 ln 25-30 must include a rotator) and configured to open or close the flow path with rotation of the rotator (as discussed via quarter turn); a first opening (necessary for the stem of 260) provided in a first wall of the first housing; Choi does not explicitly disclose, although Mueller teaches a coupling mechanism (at 1006) including an elastic body (20/47) and a first engaging portion (at 1008 including 10/11 and 13) engaged with the rotator (at 1002) to connect (rotationally and biasing) the rotator and the first wall, the coupling mechanism being provided to face the first opening (the inside portion of the coupling mechanism 1008 faces towards the stem opening) so as to rotate together with the rotator by torque (rotational force) applied from outside (via 9) the first housing; and a first seal (at surface to surface seal 40 where 47 forcibly seals against 21, and presses 46 against 29) included in the coupling mechanism and configured to be biased from the first engaging portion toward the first wall by the elastic body (20 or 17) to seal the first opening (1004 in surface to surface sealing engagement, and all provided for example for the purpose of maintaining a fully engaged actuation of the valve via spring biased coupling arrangement that can take up thermal expansion and contraction as needed.)
Accordingly, it would have been obvious to one of ordinary skill in the art at the time of filing of the invention to provide Choi as taught in Mueller, with the above arrangement as taught in Mueller, where such a coupling mechanism can include an elastic body as taught in Mueller with a first engaging portion that can be engaged with the rotator of Choi as taught in Mueller and to connect rotationally and biasingly with the rotator of Choi/Mueller and also with the first wall as taught in Mueller, where the coupling mechanism can be provided so as to face the first opening of Choi as taught in Mueller with the inside portion of the coupling mechanism facing towards the stem opening of Choi as taught in Mueller and so as to rotate together with the rotator by torque (rotational force) being applied from outside the first housing as taught in Mueller; and where a first seal as taught in Mueller can forcibly seal within the coupling mechanism and can be configured to be biased from the first engaging portion toward the first wall by the elastic body so as to seal the first opening as taught in Mueller in surface to surface sealing engagement, and all provided for example for the purpose of maintaining a fully engaged actuation of the valve via spring biased coupling arrangement that can take up thermal expansion and contraction as needed.
Allowable Subject Matter
Claims 3, 6, and 15 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims. Dependent claims 4-5 would be allowable as they merely depend from what would be an allowable parent claims.
The following is a statement of reasons for the indication of allowable subject matter:
the prior art fails to disclose or render obvious in claim 3 the following: “…a second housing configured to surround the first housing and having a second wall provided to face the first wall; a window provided in the second wall and through which an interior of the second housing is visible from an outside of the second housing; and a display having a first region and a second region with different pieces of visual information, and configured to rotate while being connected to the coupling mechanism so that a region facing the window switches between the first region and the second region according to an open state or a closed state of the flow path so as to indicate the open state or the closed state of the flow path outward of the second housing” in combination with the other limitations set forth above; and especially considering the lack of teaching in the art of the above claimed arrangement in combination with the limitations above, and it would not have been obvious to provide such especially without improper hindsight construction of the same;
the prior art fails to disclose or render obvious in claim 6 the following: “…a second housing configured to surround the first housing and having a second wall provided to face the first wall; a third opening provided in the second wall to face the first opening so that the jig enters the second housing from an outside of the second housing; a second seal made of an elastic body to block and seal the third opening; and a plurality of sealing pieces provided along a periphery of the third opening to form the second seal, wherein tips of the plurality of sealing pieces are configured to come into contact with each other at a center of the third opening when the jig does not enter the third opening, and to be spaced apart from each other to face the first wall when the jig enters the third opening” in combination with the other limitations set forth above and especially considering the lack of teaching in the art of the above claimed arrangement in combination with the limitations above, and it would not have been obvious to provide such especially without improper hindsight construction of the same;
the prior art fails to disclose or render obvious in claim 15 the following: “…for supplying the carrier gas and the first gas outward of the tank, and wherein the valve, the first opening, and the coupling mechanism are provided for each of the first flow path, the second flow path, and the third flow path” in combination with the other limitations set forth above and especially considering the lack of teaching in the art of the above claimed arrangement in combination with the limitations above, and it would not have been obvious to provide such especially without improper hindsight construction of the same;
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Kamezawa (US 5490660) discloses a rotational locking handle ball valve arrangement with directional indication; Nesbitt (US 7509972) discloses a diaphragm valve with rotatable locking connection having a window and indicator for locked for unlocked / open closed; Trappa (US 2004/0217310) discloses a ball valve with locking mechanism and u-shaped spring loaded connector in the stem;
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
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