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 .
Claim Interpretation
The amendments to the claims 24, 29 and 30 are supported by the Spec. in at least [0016, 0023] which teach the alkaline earth metal salt, alkali metal salt, NaCl and KCl. It is noted that the support for a remainer portion of the salt in the porous metal part is supported by the original method claims and in the Spec with the limitation of at least partially removing the salt/sacrificial material thus leaving some present. It is noted that no teaching is found that supports the range of the “at least partially removing” and thus none for at “at least some of sacrificial material remains”. Thus, no criticality of the range is taught nor are any ranges given in the examples or the Spec. for the sacrificial material remaining. The Spec does teach the initial Vol% [0014, 0021] of the sacrificial material in the starting material but not the remaining material.
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.
Claims 24-25 and 39 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Tanaka et al. (US 20150004041 A1), herein Tanaka.
In regards to claims 24 and 29, claim 24 defines the product by how the product was made. Thus, claim 24 is a product-by-process claims. For purposes of examination, product-by-process claims are not limited to the manipulation of the recited steps, only the structure implied by the steps. See MPEP 2113. In the present case, the recited steps imply a structure having a porous consolidated metal part with an alkali or alkaline earth metal salt present. The reference suggests such a product.
Tanka teaches a porous aluminum part of sintered particles (i.e., consolidated) with a residual amount of NaCl present (0.2 mass % i.e., at least some) [Abstract, Table 1 example 18, 0053].
In regards to claim 25, Tanka further teaches the porous metal part is a catalyst support [0001].
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim 30 is rejected under 35 U.S.C. 103 as being unpatentable over Tanaka et al. (US 20150004041 A1), herein Tanaka, as applied to claim 24 above.
In regards to claim 30, Tanka further teaches the sacrificial/support material comprises KCl [claim 8].
Tanaka differs from claim 30 by teaching KCl in a list of possible materials, such that it cannot be said that the KCl species is anticipated.
However, it would have been obvious of ordinary skill in the art before the effective filing date of the invention to have employed any of the materials taught by Tanka, including KCl. The motivation for doing so is that the “selection of a known material based on its suitability for its intended use [supports] a prima facie obviousness determination.” See MPEP 2144.07.
Claim 26 is rejected under 35 U.S.C. 103 as being unpatentable over Tanaka et al. (US 20150004041 A1), herein Tanaka, as applied to claim 24 above, and further in view of Cho et al (US 20140004441 A1), herein Cho.
In regards to claim 26, Tanka does not expressly teach the porous part is a transport layer of a hydrogen generator.
Cho teaches a porous metal transport layer of a hydrogen generator [Abstract, 0003-0004, 0013-0014, Figs. 1A-1B]. Cho teaches the porous metal layer comprises aluminum [0018].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have used the porous aluminum part of Tanaka as the porous aluminum transport layer of Cho. One would have been motivated to do so as it would have been the simple substitution of one porous aluminum part of another to obtain predictable results.
Claim 27 is rejected under 35 U.S.C. 103 as being unpatentable over Tanaka et al. (US 20150004041 A1), herein Tanaka, as applied to claim 24 above, and further in view of Kim et al. (US 20200246873 A1), herein Kim.
In regards to claim 27, Tanka does not expressly teach the porous part is the porous medium of a heat pipe.
Kim teaches a porous aluminum metal layer for a heat pipe [0008-0010, 0014, 0051, 0054].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have used the porous aluminum part of Tanaka as the porous aluminum medium of the heat pipe of Kim. One would have been motivated to do so as it would have been the simple substitution of one porous aluminum part of another to obtain predictable results.
Claim 28 is rejected under 35 U.S.C. 103 as being unpatentable over Tanaka et al. (US 20150004041 A1), herein Tanaka, as applied to claim 24 above, and further in view of Lye et al.( WO 2006/020742 A2), herein Lye.
In regards to claim 28, Tanaka does not expressly teach the porous part is an implantable device.
Lye teaches an implantable medical device with an outer porous layer of aluminum [Abstract, 0097].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have used the porous aluminum part of Tanaka as the porous aluminum outer layer of an implant device as taught by Lye. One would have been motivated to do so as it would have been the simple substitution of one porous aluminum part of another to obtain predictable results.
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.
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/ELIZABETH COLLISTER/ Primary Examiner, Art Unit 1784