DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Examiner Request
The applicant is requested to provide line numbers to each claim in all future claim submissions to aide in examination and communication with the applicant about claim recitations. The applicant is thanked for aiding examination.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the first conductive metal sheet must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
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. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. 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 the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claim(s) 1, 10, 16, 17, 25-27 is/are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
In regard to claim(s) 1, 16, 17, the recitation, “a conductor integrally disposed on the second base plate” is new matter. There is no support that the conductor (28) is integrally disposed as recited. Further, the recitation is in total contradiction to the recitation that “a first conductive metal sheet disposed between the conductor and the second base plate” and therefore entirely new matter.
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.
Claim(s) 1, 10, 16, 17, 25-27 is/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 pre-AIA the applicant regards as the invention.
In regard to claim(s) 1, 16, 17, the recitation, “an outermost couple of first elements” is indefinite since the claim already introduced first elements previously and the present recitation improperly reintroduces first elements and it is unclear if these are the same or other first elements.
The recitation, “located close to” is indefinite for being relative and indistinct and there is no way to discern what distance is included and excluded by the recitation.
The recitation, “a conductor integrally disposed on the second base plate” is entirely new matter as there is no description supporting the recitation and the recitation is explicitly contrary to the claimed limitation that “a first conductive metal sheet is disposed between the conductor and the second base plate” and therefore the recitation is indecipherable.
Claim Interpretation
All of the claims have been evaluated under the three-prong test set forth in MPEP § 2181, subsection I, and it is considered that none of the claim recitations should be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim Rejections - 35 USC § 102
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, 16, 17, 25-27 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Sensui (US 2011/0048486). See 112 rejections and note that the prior art teaches the claimed invention inasmuch as supported. Further see the interpretation of the claims in the application of the prior art below.
In regard to claim(s) 1, 16, 17, Sensui teaches an optical sub-assembly (see whole disclosure including para. 58-61) comprising:
a base (at least a portion of heat sink, para. 40);
a heat source device (11); and
a thermoelectric cooler (1; para. 35; see whole disclosure and all figures) installed on the base (at least portion of heat sink) and comprising:
a first base plate (see entire top plate, hereafter 4A, 13) configured to support a heat source device (11) and comprising a first end (left part or side of 4A, 13), wherein the heat source device (11) is located at the first end (see fig. 1; see that 11 is located at the left part or side of 4A, 13);
a second base plate (4B) disposed opposite to the first base plate (4A, 13);
an accommodation space (at least a portion between 4A, 4B; hereafter space between) formed between the first base plate (4A, 13) and the second base plate (4B), wherein the accommodation space (space between) comprises a first area (area of W1-W6 or any subset of W1-W6, hereafter area of W1-W6 for simplicity) and a second area (W11-W14; W11-W12; W7-W8; or W7-W12; see others that also meet claim limitations) adjacent to the first area (area of W1-W6);
a plurality of first elements (2, 3) arranged at intervals within the accommodation space (space between), and configured to connect to an external power source (para. 5, 41, 49) to adjust a temperature difference (para. 20) between the first base plate (4A, 13) and the second base plate (4B) by changing a voltage or a current (fully capable of having different voltage or current) to implement temperature control on the heat source device (11),
wherein a first density of the first elements (2, 3) in the first area (area of W1-W6) is greater than a second density of the first elements (2, 3) in the second area (W11-W14; W11-W12; W7-W8; W7-W12) (see figure 2; para. 59-61),
wherein the first area (area of W1-W6) is connected to the second area (W11-W14; W11-W12; W7-W8; W7-W12),
wherein the first elements (2, 3) comprise two element bodies (2, 3) connected to the first base plate (4A, 13) and the second base plate (4B); and
a conductor (L, para. 49) disposed on the second base plate (4B) located close (nearer thereto than other parts or structures)(see that L is on the right side of the figure and closer to the second area than to the first area) to the second area (W11-W14; W11-W12; W7-W8; W7-W12), wherein the conductor (L) is electrically connected (para. 49) to the external power source to supply power to one of two element bodies (2, 3) in an outermost couple of the first elements (2, 3) within the accommodation space (space between), and wherein all element bodies in the first elements (2, 3) are connected in series (para. 49 “series connected”); and a first conductive metal sheet (see 54 connected to L; para. 43) disposed between the conductor (L) and the second base plate (4B).
In regard to claims 25, 26, Sensui teaches that the first base plate (4A, 13) and the second base plate (4B) are made of (comprise at least) an aluminum nitride material (para. 39) or an silicon carbine material (para. 39).
In regard to claim 27, Sensui teaches that the current from the conductor (L) flows in a waveform path (formed by path through elements, see fig. 1) between the second base plate (4B) and the first base plate (4A, 13).
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 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.
Claim(s) 1, 10, 16, 17, 25-27 is/are rejected under 35 U.S.C. 103 as being unpatentable over the obvious modification of Sensui (US 2011/0048486) in view of Phan (US 2009/0288425). See 112 rejections and note that the prior art teaches the claimed invention inasmuch as supported. Further see the interpretation of the claims in the application of the prior art below.
In regard to claim(s) 1, 16, 17, Sensui teaches an optical sub-assembly (see whole disclosure including para. 58-61) comprising:
a base (at least a portion of heat sink, para. 40);
a heat source device (11); and
a thermoelectric cooler (1; para. 35; see whole disclosure and all figures) installed on the base (at least portion of heat sink) and comprising:
a first base plate (see entire top plate, hereafter 4A, 13) configured to support a heat source device (11) and comprising a first end (left part or side of 4A, 13), wherein the heat source device (11) is located at the first end (see fig. 1; see that 11 is located at the left part or side of 4A, 13);
a second base plate (4B) disposed opposite to the first base plate (4A, 13);
an accommodation space (at least a portion between 4A, 4B; hereafter space between) formed between the first base plate (4A, 13) and the second base plate (4B), wherein the accommodation space (space between) comprises a first area (area of W1-W6 or any subset of W1-W6, hereafter area of W1-W6 for simplicity) and a second area (W11-W14; W11-W12; W7-W8; or W7-W12; see others that also meet claim limitations) adjacent to the first area (area of W1-W6);
a plurality of first elements (2, 3) arranged at intervals within the accommodation space (space between), and configured to connect to an external power source (para. 5, 41, 49) to adjust a temperature difference (para. 20) between the first base plate (4A, 13) and the second base plate (4B) by changing a voltage or a current (fully capable of having different voltage or current) to implement temperature control on the heat source device (11),
wherein a first density of the first elements (2, 3) in the first area (area of W1-W6) is greater than a second density of the first elements (2, 3) in the second area (W11-W14; W11-W12; W7-W8; W7-W12) (see figure 2; para. 59-61),
wherein the first area (area of W1-W6) is connected to the second area (W11-W14; W11-W12; W7-W8; W7-W12),
wherein the first elements (2, 3) comprise two element bodies (2, 3) connected to the first base plate (4A, 13) and the second base plate (4B); and
a conductor (L, para. 49) disposed on the second base plate (4B) located close (nearer thereto than other parts or structures) to the second area (W11-W14; W11-W12; W7-W8; W7-W12), wherein the conductor (L) is electrically connected (para. 49) to the external power source to supply power to one of two element bodies (2, 3) in an outermost couple of the first elements (2, 3) within the accommodation space (space between), and wherein all element bodies in the first elements (2, 3) are connected in series (para. 49 “series connected”); and a first conductive metal sheet (see 54 connected to L; para. 43) disposed between the conductor (L) and the second base plate (4B).
Sensui teaches all of the claim limitations, however presuming only for the sake of argument, that the conductor (L) of Sensui is not considered to be located close to the second area (W11-W14; W11-W12; W7-W8; W7-W12) for reasons not apparent at present. It is noted that providing an electrical connection on one side or another of a thermoelectric cooler is an obvious design choice depending on where the external power is desired to be located relative to the cooler and in situations where it is desired to locate the external power source on a side of the thermoelectric cooler having the second area, it would have been obvious to those of ordinary skill in the art at the time the invention was made to modify Sensui with the conductor (L) and the first conductive metal sheet (54 connected to L; para. 43) to one side of the cooler or the other for the purpose of providing more convenient powering of the cooler relative to the external power source.
In regard to claim 10, Sensui teaches most of the claim limitations but does not explicitly teach a temperature detector and a control circuit as claimed.
However, Phan explicitly teaches providing cooling to semiconductor systems and providing temperature detector (monitored temperature - para. 37; TR1, TR2, para. 40) and a control circuit (68, 78; para. 41), the temperature detector (TR) connected to a heat source device (integrated circuit; 74) and configured to detect a temperature of the heat source device (74) and transfer the temperature to the control circuit (68, 78), and the control circuit (68, 78) is connected to thermoelectric elements (TS1, TS2, etc) and configured to control voltage and current values on the thermoelectric elements (para. 40, 41). Therefore it would have been obvious to a person of ordinary skill in the art to modify Sensui with the temperature detectors and a control circuit as taught by Phan for the purpose of providing intelligent cooling to the locations desired and provide a desired temperature distribution as desired by a user.
In regard to claim 25, Sensui teaches that the first base plate (4A, 13) and the second base plate (4B) are made of (comprise at least) an aluminum nitride material (para. 39).
In regard to claim 26, Sensui teaches that the first base plate (4A, 13) and the second base plate (4B) are made of (comprise at least) an aluminum oxide material (para. 39).
In regard to claim 27, Sensui teaches that the first base plate (4A, 13) and the second base plate (4B) are made of (comprise at least) an silicon carbine material (para. 39).
Claim(s) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sensui (US 2011/0048486) in view of Phan (US 2009/0288425) and further in view of Miyata (US 2015/0222078). See 112 rejections and note that the prior art teaches the claimed invention inasmuch as supported. Further see the interpretation of the claims in the application of the prior art below.
In regard to claim 10, supposing that Phan is not considered sufficient for showing the limitations of claim 10 for any reason, not discernible at present, it is noted that Miyata teaches providing cooling to laser and optical devices and providing temperature detector (32, 55) and a control circuit (70), wherein the temperature detector (32, 55) is connected to a heat source device (52, 30) and configured to detect a temperature of the heat source device (52, 30) and transfer the temperature to the control circuit (70), and wherein the control circuit (70) is connected to thermoelectric elements (31, 53) and configured to control voltage and current values on the thermoelectric elements (para. 41). Therefore it would have been obvious to a person of ordinary skill in the art to modify Sensui with the temperature detectors and a control circuit as taught by Miyata for the purpose of providing intelligent cooling to the locations desired and provide a desired temperature state as desired by a user.
Response to Arguments
Applicant's arguments filed 11/1/24 have been fully considered but they are not persuasive in view of the detailed rejection above.
Conclusion
Applicant's amendment necessitated any of 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 JOHN F PETTITT whose telephone number is (571)272-0771. The examiner can normally be reached on M-F, 9-5p. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR): http://www.uspto.gov/interviewpractice. The examiner’s supervisor, Frantz Jules can be reached on 571-272-6681. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/JOHN F PETTITT, III/Primary Examiner, Art Unit 3763
JFPIII
January 13, 2026
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