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/Restriction
Applicant's election with traverse of group I and species I with traverse in the reply filed on 8/28/2026 is acknowledged. The traversal between groups is on the ground(s) that there would be no undue burden in searching each of the identified groups in a single search.
This is not found persuasive because a search of additional mutually exclusive features in patentably distinct inventions constitutes a burdensome search and examination. To establish burden of search, there are three criterions: The species or groupings of patentably indistinct species have acquired a separate status in the art in view of their different classification; The species or groupings of patentably indistinct species have acquired a separate status in the art due to their recognized divergent subject matter; The species or groupings of patentably indistinct species have acquired a different field of search (e.g., searching different classes/subclasses or electronic resources, or employing different search strategies or search queries). In the instant case, the mutually exclusive characteristics in group II, requires a plurality of fluid supply paths, which, requires a different field of search which require different search strategies or search queries. Additionally, the mutually exclusive characteristics in species I-IV, requires different structural features, a bellows, a biasing member, a plurality of shafts, and a diaphragm, which, requires a different field of search which require different search strategies or search queries Claims 7-9 and 11 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected group and species, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 8/28/2026.
The requirement is still deemed proper and is therefore made FINAL.
Priority
Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d).
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 3/12/2025 was filed prior to the mailing date of the mailing of this action. The submission complies with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement has been considered by the examiner.
Drawings
The drawings were received on 3/12/2025. These drawings are accepted.
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) 1-4, and 10 are rejected under 35 U.S.C. 102a1 as being anticipated by Mizohata et al. (US 20060137419).
Regarding claim 1, Mizohata et al. disclose, a fluid supply mechanism 1 that repeats supply and stop of a fluid to a chamber (the chamber within 2631, see Fig. 17), the fluid supply mechanism comprising: a fluid supply path (the path from 12 to 11 to 112 to 113 to 114 to 22 and to 24, para.0070, 0125, see Fig. 1,17) communicating with the chamber; a tank (131) provided in the fluid supply path and into which the fluid is introduced; and a downstream-side valve 241 provided at a downstream side of the tank in the fluid supply path, wherein an internal volume of the tank changes due to deformation of the tank, as shown in Figures 2-3.
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Regarding claim 2, Mizohata et al. disclose, the tank is deformed between a first form in which the internal volume is a first volume and a second form in which the internal volume is a second volume smaller than the first volume, the fluid is introduced into the tank in a state where the downstream-side valve is closed and the tank is in the first form, and the fluid is supplied from the tank to the chamber in a state where the downstream- side valve is opened and the tank is in the second form (para.0045).
Regarding claim 3, Mizohata et al. disclose, an upstream-side valve (112) provided at an upstream side of the tank in the fluid supply path, wherein the fluid is introduced into the tank in the first form in a state where the upstream- side valve is opened, and the tank is deformed from the first form to the second form in a state where the upstream-side valve is closed (para.0045).
Regarding claim 4, Mizohata et al. disclose, the deformation of the tank from one of the first form and the second form to another one and deformation from the other one to the one are repeated at a predetermined deformation timing, and opening and closing of the downstream-side valve are repeated at a predetermined opening and closing timing (para.0068,para.0074, Steps “are repeated”).
Regarding method claim 10, the device shown by Mizohata et al. will perform the methods as recited in claim 10, during normal operational use of the device.
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.
Claim(s) 5 and 6 are rejected under 35 U.S.C. 103 as being unpatentable over Mizohata et al. (US 20060137419) in view of Im et al. (US 20050081787).
Regarding claims 5 and 6, Mizohata et al. disclose all of the features of the claimed invention, although is silent that a pressure sensor that detects a pressure in the tank; and a valve control unit that closes the upstream-side valve when a detection value of the pressure sensor reaches a threshold, and further comprising: a pressure sensor that detects a pressure of the tank; and a valve control unit that controls an opening degree of the downstream-side valve based on a detection value of the pressure sensor.
Im et al. teach the use of a pressure sensor (132) that detects a pressure in the tank (130); and a valve control unit (131) that closes the upstream-side valve (121) when a detection value of the pressure sensor reaches a threshold, further comprising: a pressure sensor (132) that detects a pressure of the tank (130); and a valve control unit (131) that controls an opening degree of the downstream-side valve (141) based on a detection value of the pressure sensor.
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It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to employ a pressure sensor with valves operated by a controller, as taught by Im et al. into the device of Mizohata et al. to have a pressure sensor that detects a pressure in the tank; and a valve control unit that closes the upstream-side valve when a detection value of the pressure sensor reaches a threshold, and further comprising: a pressure sensor that detects a pressure of the tank; and a valve control unit that controls an opening degree of the downstream-side valve based on a detection value of the pressure sensor, to automatically control the amount of gaseous source supplied to the reactor (Im et al., para.0056).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Craig Price, whose telephone number is (571)272-2712 or via facsimile (571)273-2712. The examiner can normally be reached on Monday-Friday (8:00AM-4:30PM EST).
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Craig Schneider, can be reached at telephone number 571-272-3607, Kenneth Rinehart can be reached at 571-272-4881. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CRAIG J PRICE/ Primary Examiner, Art Unit 3753
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