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 .
Response to Amendments/Arguments
Receipt is acknowledged of applicant's amendment filed 12/29/2025.
Claims 1-2, 4-9, 11, 13-14, 16-18 and 20 are pending and an action on the merits is as follows. Claim 1 is amended.
Applicant's amendments and arguments filed 12/29/2025 with respect to the rejection of present claim(s) 1-3, 5-8, 11-12, 14-15, 17-19 under 35 U.S.C. 103 as being unpatentable over Fujii et al. (US 2004/0016792; “Fujii”) in view of JP 2017-033983 to Kenichi have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made based on Fujii in view of newly found prior art reference Wang et al. (US 6,490,146; “Wang), in light of applicant’s amendment.
Claim Rejections - 35 USC § 103
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 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.
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) 1-2, 5-8, 11, 14 and 17-18 are rejected under 35 U.S.C. 103 as being unpatentable over Fujii et al. (US 2004/0016792; “Fujii”) in view of Wang et al. (US 6,490,146; “Wang).
Regarding claim 1, Fujii teaches a joined body (15B, Fig. 6 (b), para [0014] [0015] [0072]) in which a first member and a second member are joined together via a joining portion (para [0072], see annotated Fig. 6 (b) for reference to the first member and the second member, and the joining portion, respectively) including a metal layer (14) having a plurality of pores communicating with each other (para [0072] [0044], the joining portion includes metal containing adhesive layer 14, such adhesive layer is considered having pores at some level, such as micro molecular level and having a plurality of micropores, communicating with each other, meeting the claimed limitations),
- wherein the first member and the metal layer have respective through holes formed in the first member and the metal layer, respectively, and communicating with each other (para [0055], [0069], and see annotated Fig. 6 (b) for reference to the through holes 21, meeting the claimed limitations).
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Fujii teaches the inclusion of the through hole as instantly claimed, but Fujii does not specifically teach the inclusion of a tubular member disposed between an inner side portion of the through hole formed in the metal layer and an interior portion of the metal layer, wherein one end portion of the tubular member is disposed in the through hole formed in the first member, and the other end portion of the tubular member is disposed in the through hole formed in the second member, as instantly claimed.
Wang teaches a joined body configuration include laminated members (first member 100, bonding member 250, second one end portion of the tubular member is disposed in the through hole formed in the first member, and the other end portion of the tubular member is disposed in the through hole formed in the second member (175, Fig. 6, Col. 14, lines 4-46), and the laminated layers having a plurality of through holes penetrated through the laminated members (see annotated Fig. 6, the laminate include a plurality of through holes there through), wherein a tubular member (tube/tubular members 380, see annotated Fig. 6, col. 14, lines 60-65) is disposed between an inner side portion of the through hole and in an interior portion of the laminated layers, in particular, one end portion of the tubular member (380) is disposed in the through hole formed in the first member (element 100), and the other end portion of the tubular member (380) is disposed in the through hole formed in the second member (element 175, see annotated Fig.6, col. 15, lines 1-10). Wang teaches tubes 380 align the through holes across multiple layers and that comprise an outer diameter that allows them to be held in place substantially without the use of an adhesive (col. 15, lines 1-10).
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It would have been obvious to one of ordinary skill in the art to modify Fujii in view the teachings of Wang, to include and dispose a tubular member between an inner side portion of the through hole (21) formed in the metal layer and an interior portion of the metal layer/metal layer (14) of the joint body of Fujii, and in particular, to have one end portion of the tubular member disposed in the through hole formed in the first member, and the other end portion of the tubular member disposed in the through hole formed in the second member as taught by Wang (Fig. 6, Col. 14, lines 4-46, col. 15, lines 1-10), for the benefit of aligning the through holes across multiple layers for improved structural integrity, which would have predictably arrived at a satisfactory joint body that is the same as instantly claimed.
Regarding claim 2, Fujii teaches in its joined body, a through hole communicating with the through holes formed in the first member and the metal layer, respectively, is formed in the second member (para [0055], [0069], see annotated Fig. 6 (b) above for reference to the through hole formed in the second member, meeting the claimed limitations).
Regarding claims 5 and 11, modified Fujii as discussed above teaches a joint body includes the tubular member (as taught by Wang), but does not specifically teach the tubular member is formed of the same material as the metal layer.
It would have been obvious to one of ordinary skill in the art to modify the modified Fujii, to include and select suitable material for the tubular member as desired, such as metal material, of which is of the same material as the metal layer, which would have predictably arrived at a satisfactory joint body that is the same as instantly claimed. One of ordinary skill would have understood how to modify and choose suitable material for intended use. The selection of a known material based on its suitability for its intended use supports a prima facie obviousness determination. See MPEP 2144.05.
Regarding claims 6 and 14 and 17, Wang teaches a joined body configuration include laminated members (first member 100, bonding member 250, second one end portion of the tubular member is disposed in the through hole formed in the first member, and the other end portion of the tubular member is disposed in the through hole formed in the second member (175, Fig. 6, Col. 14, lines 4-46), and the laminated layers having a plurality of through holes penetrated through the laminated members (see annotated Fig. 6, the laminate include a plurality of through holes there through), wherein a tubular member (tube/tubular members 380) is disposed between an inner side portion of the through hole and in an interior portion of the laminated layers (see annotated Fig. 6, col. 14, lines 60-65). In particular, in Wang, the tubular member has a circular cross section taken perpendicular to an axial direction of the tubular member (see Fig. 6, col. 14, lines 60-65), meeting the claimed limitations.
It would have been obvious to one of ordinary skill in the art to modify Fujii in view the teachings of Wang, to include and dispose a tubular member between an inner side portion of the through hole (21) formed in the metal layer and an interior portion of the metal layer/metal layer (14) of the joint body of Fujii, and in particular, the tubular member has circular cross section taken perpendicular to an axial direction of the tubular member as taught by Wang, to have one end portion of the tubular member disposed in the through hole formed in the first member, and the other end portion of the tubular member disposed in the through hole formed in the second member as taught by Wang (Fig. 6, Col. 14, lines 4-46, col. 15, lines 1-10), for the benefit of aligning the through holes across multiple layers for improved structural integrity, which would have predictably arrived at a satisfactory joint body that is the same as instantly claimed.
Regarding claims 7 and 18, Fujii teaches a holding apparatus comprising the joined body (Fig. 1, para [0033]-[0034]), wherein the second member has a placement surface (16) on which an object to be held is placed (Fig. 1, para [0033]-[0034]), meeting the claimed limitations.
Regarding claim 8, Fujii teaches an electrostatic chuck comprising the holding apparatus (Fig. 1, para [0033]-[0034]), wherein the second member has an electrostatic attraction electrode (18) disposed therein (Fig. 1, para [0033]-[0034]), meeting the claimed limitations.
Claim(s) 4, 9, 13-14, 16 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Fujii in view of Wang as applied to claims 1-2 above, further in view of Koizumi (US 7,556,065).
The limitations of claims 1-2 are taught by Fujii in view of Wang as discussed above.
Regarding claims 4 and 9, modified Fujii as discussed above teaches a joint body includes the tubular member (as taught by Wang), but does not specifically teach the inclusion of a bellows portion is formed along a circumference of the tubular member to extend in a circumferential direction.
Koizumi teaches metal bellow tube (101) that is suitable for placing inside of a tubular article (102), of which the metal bellow tube provides improved bending fatigue resistance and provides improved strength (col. 3, lines 20-30, col. 9, lines 35-55, Fig. 8).
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It would have been obvious to one of ordinary skill in the art to modify the modified Fujii in view the teachings of Koizumi, to include a bellows portion as taught by Koizumi along a circumference of the tubular member to extend in a circumferential direction in the joint body as taught by Koizumi (col. 3, lines 20-30, col. 9, lines 35-55), for the improved bending fatigue resistance and improved strength as taught by Koizumi, which would have predictably arrived at a satisfactory joint body that is the same as instantly claimed, in claims 4 and 9.
Regarding claims 13-14, modified Fujii as discussed above in rejection to claims 2 and 4 teaches a joint body includes the tubular member (as taught by Wang), but does not specifically teach the tubular member is formed of the same material as the metal layer.
It would have been obvious to one of ordinary skill in the art to modify the modified Fujii, to include and select suitable material for the tubular member as desired, such as metal material, of which is of the same material as the metal layer, which would have predictably arrived at a satisfactory joint body that is the same as instantly claimed. One of ordinary skill would have understood how to modify and choose suitable material for intended use. The selection of a known material based on its suitability for its intended use supports a prima facie obviousness determination. See MPEP 2144.05.
Regarding claim 16, modified Fujii as discussed above rejection to claim 4 teaches a joint body includes the tubular member (as taught by Wang). Wang teaches a joined body configuration include laminated members (first member 100, bonding member 250, second one end portion of the tubular member is disposed in the through hole formed in the first member, and the other end portion of the tubular member is disposed in the through hole formed in the second member (175, Fig. 6, Col. 14, lines 4-46), and the laminated layers having a plurality of through holes penetrated through the laminated members (see annotated Fig. 6, the laminate include a plurality of through holes there through), wherein a tubular member (tube/tubular members 380) is disposed between an inner side portion of the through hole and in an interior portion of the laminated layers (see annotated Fig. 6, col. 14, lines 60-65). In particular, in Wang, the tubular member has a circular cross section taken perpendicular to an axial direction of the tubular member (see Fig. 6, col. 14, lines 60-65), meeting the claimed limitations.
It would have been obvious to one of ordinary skill in the art to modify Fujii in view the teachings of Wang, to include and dispose a tubular member between an inner side portion of the through hole (21) formed in the metal layer and an interior portion of the metal layer/metal layer (14) of the joint body of Fujii, and in particular, the tubular member has circular cross section taken perpendicular to an axial direction of the tubular member as taught by Wang, to have one end portion of the tubular member disposed in the through hole formed in the first member, and the other end portion of the tubular member disposed in the through hole formed in the second member as taught by Wang (Fig. 6, Col. 14, lines 4-46, col. 15, lines 1-10), for the benefit of aligning the through holes across multiple layers for improved structural integrity, which would have predictably arrived at a satisfactory joint body that is the same as instantly claimed.
Regarding claim 20, modified Fujii as discussed above rejection to claim 4 teaches a joint body includes the tubular member (as taught by Wang). Fujii teaches a holding apparatus comprising the joined body (Fig. 1, para [0033]-[0034]), wherein the second member has a placement surface (16) on which an object to be held is placed (Fig. 1, para [0033]-[0034]), meeting the claimed limitations.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to YAN LAN whose telephone number is (571)270-3687. The examiner can normally be reached Monday - Friday 7AM-4PM.
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/YAN LAN/Primary Examiner, Art Unit 1782
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