DETAILED ACTION
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 .
Election/Restrictions
Applicant’s election without traverse of Species I, claims 1-6, 19, and 20 in the reply filed on 5/06/2026 is acknowledged. Therefore, claims 1-20 remain pending with claims 7-18 withdrawn from consideration. Claims 1-6, 19, and 20 are treated on their merits.
Claim Objections
Claim 3 is objected to because of the following informalities: “substantially parallel the axis” (line 4) should be “substantially parallel to the axis”. Appropriate correction is required.
Claim 5 is objected to because of the following informalities: “about 9 and about 18” (lines 1-2) should be “about 9 and about 18 fins”. 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 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, 2, 19, and 20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Agarwal et al. (US Patent Application 2020/03701810).
Regarding Claim 1, Agarwal discloses a gas manifold comprising: a body (body including outside surface 114) comprising a top section (at the upper end as shown in the annotated Figure 1 below) and a bottom section (at the lower end as shown in the annotated Figure 1 below), the top section comprising a top surface (as shown in the annotated Figure 1 below), and the bottom section comprising a bottom surface (as shown in the annotated Figure 1 below); a channel spanning along an axis within the body and between the top section and an opening in the bottom surface (as shown in the annotated Figure 1 below); a first conduit (although not shown, there is inherently a first conduit coupled to the top surface to deliver the gas A) extending from the top surface and fluidly coupled to the channel (delivering gas A to the channel); a second conduit (although not shown, there is inherently a second conduit coupled to the inlet 113 to deliver the gas B) extending substantially radially from the axis (as shown in Figure 1, a second conduit coupled to 113 extends radially from the axis of the channel) and fluidly coupled to the channel (as shown in Figure 1); and a flow regulator (mixer 118) within the bottom section, the flow regulator 118 configured to change a flow direction of gas received from the first conduit and gas received from the second conduit (as shown in Figure 1, the mixer 118 includes repeating elements which causes a change in flow direction of the gases A and B).
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Regarding Claim 2, Agarwal further discloses the flow regulator 118 comprises a plurality of fins extending inward from an interior wall of the channel (as shown in the annotated Figure 1 above).
Regarding Claim 19, Agarwal discloses an assembly comprising: a gas manifold comprising: a body (body including outside surface 114) comprising a top section (at the upper end as shown in the annotated Figure 1 above) and a bottom section (at the lower end as shown in the annotated Figure 1 above), the top section comprising a top surface (as shown in the annotated Figure 1 above), and the bottom section comprising a bottom surface (as shown in the annotated Figure 1 above); a channel spanning along an axis within the body and between the top section and an opening in the bottom surface (as shown in the annotated Figure 1 below); a first conduit (although not shown, there is inherently a first conduit coupled to the top surface to deliver the gas A) extending from the top surface and fluidly coupled to the channel (delivering gas A to the channel); a second conduit (although not shown, there is inherently a second conduit coupled to the inlet 113 to deliver the gas B) extending substantially radially from the axis (as shown in Figure 1, a second conduit coupled to 113 extends radially from the axis of the channel) and fluidly coupled to the channel (as shown in Figure 1); and a flow regulator (mixer 118) within the bottom section, the flow regulator 118 configured to change a flow direction of gas received from the first conduit and gas received from the second conduit (as shown in Figure 1, the mixer 118 includes repeating elements which causes a change in flow direction of the gases A and B); and a gas distribution device (plate 108 having apertures 106) fluidly coupled to the gas manifold (as shown in Figure 1).
Regarding Claim 20, Agarwal discloses a reactor system comprising: a reaction chamber 126 (chamber 126 allows for the reactant gas to be distributed on the substrate 124); a gas distribution device (plate 108 having apertures 106) configured to deliver gas to an interior of the reaction chamber 126; and a gas manifold (including body 114) fluidly coupled to the gas distribution device 108, the gas manifold comprising: a body (body including outside surface 114) comprising a top section (at the upper end as shown in the annotated Figure 1 above) and a bottom section (at the lower end as shown in the annotated Figure 1 above), the top section comprising a top surface (as shown in the annotated Figure 1 above), and the bottom section comprising a bottom surface (as shown in the annotated Figure 1 above); a channel spanning along an axis within the body and between the top section and an opening in the bottom surface (as shown in the annotated Figure 1 below); a first conduit (although not shown, there is inherently a first conduit coupled to the top surface to deliver the gas A) extending from the top surface and fluidly coupled to the channel (delivering gas A to the channel); a second conduit (although not shown, there is inherently a second conduit coupled to the inlet 113 to deliver the gas B) extending substantially radially from the axis (as shown in Figure 1, a second conduit coupled to 113 extends radially from the axis of the channel) and fluidly coupled to the channel (as shown in Figure 1); and a flow regulator (mixer 118) within the bottom section, the flow regulator 118 configured to change a flow direction of gas received from the first conduit and gas received from the second conduit (as shown in Figure 1, the mixer 118 includes repeating elements which causes a change in flow direction of the gases A and B).
Claim(s) 1-3, 6, 19, and 20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Mazzei (US Patent 6,730,214).
Regarding Claim 1, Mazzei discloses a gas manifold comprising: a body 25 comprising a top section (as shown in the annotated Figure 2 below) and a bottom section (as shown in the annotated Figure 2 below), the top section comprising a top surface (as shown in the annotated Figure 2 below), and the bottom section comprising a bottom surface (as shown in the annotated Figure 2 below); a channel 61 spanning along an axis within the body and between the top section and an opening in the bottom surface (as shown in Figure 2); a first conduit 24 (as shown in Figure 1) extending from the top surface (coupled to the upstream end of body 25) and fluidly coupled to the channel; a second conduit 69 (as shown in Figure 1) extending substantially radially from the axis (as shown in Figure 1) and fluidly coupled to the channel; and a flow regulator (straightening vanes 72) within the bottom section, the flow regulator configured to change a flow direction of gas received from the first conduit and gas received from the second conduit (the straightening vanes are configured to redirect a flow from the first and second conduits as shown in Figure 2; it is noted that the device is at least capable of being used to handle gas received from both the first conduit and the second conduit and it is further noted that recitations of particular fluids handled by an apparatus in an apparatus claim are not accorded patentable weight as per MPEP 2115).
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Regarding Claim 2, Mazzei further discloses the flow regulator 72 comprises a plurality of fins (the straightening vanes 72 form a plurality of fins) extending inward from an interior wall of the channel (as shown in Figure 2).
Regarding Claim 3, Mazzei further discloses each fin 72 of the plurality of fins comprises a first section and a second section (first section of the fin at the lower end as shown in the annotated Figure 2 above; the second section of the fin at the upper end as shown in the annotated Figure 2 above), wherein the first section comprises an interior angled surface at an angle relative to the axis (as shown by the dotted line in the annotated Figure 2 above; the first section includes a surface angled relative to the axis), and wherein the second section comprises an interior parallel surface substantially parallel the axis (as shown by the dotted line in the annotated Figure 2 above; the second section includes a surface substantially parallel to the axis), wherein the angle is greater than 0 degrees and less than 90 degrees or between about 15 degrees and about 45 degrees (the angle defined between the surface of the first section and the axis is at least greater than 0 degrees and less than 90 degrees as shown in the annotated Figure 2 above).
Regarding Claim 6, Mazzei further discloses the plurality of fins 72 are integrally formed within the body 25 (as shown in Figure 2).
Regarding Claim 19, Mazzei discloses an assembly comprising: a gas manifold comprising: a body 25 comprising a top section (as shown in the annotated Figure 2 above) and a bottom section (as shown in the annotated Figure 2 above), the top section comprising a top surface (as shown in the annotated Figure 2 above), and the bottom section comprising a bottom surface (as shown in the annotated Figure 2 above); a channel 61 spanning along an axis within the body and between the top section and an opening in the bottom surface (as shown in Figure 2); a first conduit 24 (as shown in Figure 1) extending from the top surface (coupled to the upstream end of body 25) and fluidly coupled to the channel; a second conduit 69 (as shown in Figure 1) extending substantially radially from the axis (as shown in Figure 1) and fluidly coupled to the channel; and a flow regulator (straightening vanes 72) within the bottom section, the flow regulator configured to change a flow direction of gas received from the first conduit and gas received from the second conduit (the straightening vanes are configured to redirect a flow from the first and second conduits as shown in Figure 2; it is noted that the device is at least capable of being used to handle gas received from both the first conduit and the second conduit and it is further noted that recitations of particular fluids handled by an apparatus in an apparatus claim are not accorded patentable weight as per MPEP 2115); and a gas distribution device (conduit 69 provides a gas distribution device) fluidly coupled to the gas manifold (gas manifold having body 25).
Regarding Claim 20, Mazzei discloses a reactor system (including reactor 40) comprising: a reaction chamber (chamber within 40); a gas distribution device (conduit 69 provides a gas distribution device) configured to deliver gas to an interior of the reaction chamber (via injector 25); and a gas manifold (including body 25) fluidly coupled to the gas distribution device 69, the gas manifold comprising: a body 25 comprising a top section (as shown in the annotated Figure 2 above) and a bottom section (as shown in the annotated Figure 2 above), the top section comprising a top surface (as shown in the annotated Figure 2 above), and the bottom section comprising a bottom surface (as shown in the annotated Figure 2 above); a channel 61 spanning along an axis within the body and between the top section and an opening in the bottom surface (as shown in Figure 2); a first conduit 24 (as shown in Figure 1) extending from the top surface (coupled to the upstream end of body 25) and fluidly coupled to the channel; a second conduit 69 (as shown in Figure 1) extending substantially radially from the axis (as shown in Figure 1) and fluidly coupled to the channel; and a flow regulator (straightening vanes 72) within the bottom section, the flow regulator configured to change a flow direction of gas received from the first conduit and gas received from the second conduit (the straightening vanes are configured to redirect a flow from the first and second conduits as shown in Figure 2; it is noted that the device is at least capable of being used to handle gas received from both the first conduit and the second conduit and it is further noted that recitations of particular fluids handled by an apparatus in an apparatus claim are not accorded patentable weight as per MPEP 2115).
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.
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 4 and 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Mazzei (US Patent 6,730,214).
Regarding Claim 4, although Mazzei discloses a height of the first section to be much less than a height of the second section (as shown in the annotated Figure 2 above), Mazzei is silent on the particular dimensions and therefore does not disclose a ratio of height of the first section relative to a height of the second section is between about 1:20 and about 1:10.
However, the selection of the particular dimensions of the fins is seen as an obvious matter of engineering design choice. Furthermore, such a modification requires a mere change in size/proportion and it has been generally held that mere changes in size/proportion are within the level of ordinary skill in the art (MPEP 2144.04).
Therefore, it would have been obvious to one of ordinary skill in the art before the application was effectively filed to modify the device of Mazzei such that the heights of the sections of the fins are any desired ratio, including a ratio of height of the first section relative to a height of the second section between about 1:20 and about 1:10, for the purpose of providing a desired level of flow straightening.
Regarding Claim 5, Mazzei does not disclose the plurality of fins comprises between about 9 and about 18.
However, the selection of the particular number of fins is an obvious matter of design choice. Furthermore, providing additional fins requires a mere duplication of parts and it has been generally held that a mere duplication of parts is within the level of ordinary skill in the art (MPEP 2144.04).
Therefore, it would have been obvious to one of ordinary skill in the art before the application was effectively filed to modify the device of Mazzei such that the device includes any number of fins, including between about 9 and about 18, for the purpose of providing a desired level of mixing.
Claims 5 and 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Agarwal et al. (US Patent Application 2020/03701810).
Regarding Claim 5, Agarwal does not disclose the plurality of fins comprises between about 9 and about 18.
However, the selection of the particular number of fins is an obvious matter of design choice. Furthermore, providing additional fins requires a mere duplication of parts and it has been generally held that a mere duplication of parts is within the level of ordinary skill in the art (MPEP 2144.04).
Therefore, it would have been obvious to one of ordinary skill in the art before the application was effectively filed to modify the device of Agarwal such that the device includes any number of fins, including between about 9 and about 18, for the purpose of providing a desired level of mixing.
Regarding Claim 6, Agarwal does not disclose the plurality of fins are integrally formed within the body.
However, it has been generally held that a modification to form separate components as an integral structure is within the level of ordinary skill in the art (MPEP 2144.04).
Therefore, it would have been obvious to one of ordinary skill in the art before the application was effectively filed to modify the device of Agarwal such that the plurality of fins are integrally formed within the body for the purpose of reducing the number of individual components to thereby reduce assembly steps and time.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Kern, Jr. et al. (US Patent 6,000,418) teaches a mixing device for two fluids including a flow regulator 34. Jansen (US Patent 5,992,465) teaches a flow regulator including a plurality of fins 22.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KEVIN MURPHY whose telephone number is (571)270-5243. The examiner can normally be reached Monday - Friday 8am-4pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Craig Schneider can be reached on (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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/KEVIN F MURPHY/Primary Examiner, Art Unit 3753
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