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
Claims 8-10, 12-20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 3/3/2026.
Applicant’s election without traverse of Group I, Species A & i in the reply filed on 3/3/2026 is acknowledged.
Claim Rejections - 35 USC § 112
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 5 is 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 applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding claim 5, the recitations “the first portion” and “the second portion” lack antecedent basis.
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) 1-2 and 11 is/are rejected under 35 U.S.C. 102 (a) (1) as being anticipated by Fukushiro (JP2006241799A).
Regarding claim 1, Fukushiro discloses a solid-state thermal switch panel (see Fig. 1-4), comprising: a filler (insulating material 4 & space 8) formed of a first thermally resistive or insulating material (insulating material 4) and having a first open area (space 8); first and second layers of thermally conductive material (heat conduction flat plates 3) that are spaced apart from each other, extend parallel to each other, and sandwich the filler such that the first open area extends from the first layer of thermally conductive material to the second layer of thermally conductive material; and a first thermal connector (rotating heat conducting plate 7 & contact members 5) disposed in the first open area (a) so as to reside between and be spaced apart from the filler, and (b) so as to reside between and be in contact with the first and second layers of thermally conductive material; wherein the first thermal connector is switchable between a first position (see position in which plate 7 is in contact with contact members 5) in which a thermal bridge is created thereby to allow heat transfer between the first and second layers of thermally conductive material, and a second position (see position in which plate 7 is not in contact with contact members 5) in which the thermal bridge is broken and a thermal gap is created by the first thermal connector to prevent said heat transfer between the first and second layers of thermally conductive material.
Regarding claim 2, Fukushiro discloses the limitations of claim 1, and Fukushiro further discloses wherein the first thermal connector is switchable between the first and second positions by tilting, rotating or translational movement (see rotating plate 7).
Regarding claim 11, Fukushiro discloses the limitations of claim 1, and Fukushiro further discloses the filler comprises a second thermally resistive or insulating material (see insulating materials 4) and the first open area (space 8 therebetween) comprises a gap between the first and second thermally resistive or insulating materials.
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.
Claim(s) 3-4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Fukushiro (JP2006241799A) in view of Abe (US20200232725A1).
Regarding claim 3-4, Fukushiro teaches the limitations of claim 2, and Fukushiro does not teach the first thermal connector comprises: a first portion having a first end suspended in the open area of the filler and a second end connected to the first layer of thermally conductive material; and a second portion having a third end suspended in the open area of the filler and a fourth end connected to the second layer of thermally conductive material, wherein the first thermal connector is switchable between the first and second positions by tilting or rotating of the first end of the first portion thereof that is suspended in the open area.
Abe teaches the first thermal connector (see Fig. 14C/14D) comprises: a first portion having a first end (615) suspended in the open area of the filler and a second end (61) connected to the first layer (1) of thermally conductive material; and a second portion (62) having a third end (625) suspended in the open area of the filler and a fourth end (62) connected to the second layer of thermally conductive material, wherein the first thermal connector is switchable between the first and second positions by tilting or rotating of the first end of the first portion thereof that is suspended in the open area (see out of contact Fig. 14C and thermally connected Fig. 14D).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified Fukushiro to include the thermal connector of Abe, in order to provide a heat switch with excellent heat insulation and high degree of thermal conductivity in its respective states (¶[0182]).
Claim(s) 5-7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Fukushiro (JP2006241799A) in view of Schwartz (US20130141207A1).
Regarding claim 5, Fukushiro teaches the limitations of claim 2, and Fukushiro does not teach the first thermal connector is switchable between the first and second positions by translational movement of the first portion thereof towards and away from a second portion thereof.
Schwartz teaches (see Fig. 4) the first thermal connector (24 & 26) is switchable between the first and second positions by translational movement of the first portion thereof towards and away from a second portion thereof.
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified Fukushiro to include the cantilever thermal connector of Schwartz, in order to provide a fast switching means (¶[0010]).
Regarding claim 6, Fukushiro teaches the limitations of claim 1, and Fukushiro does not teach the first thermal connector comprises a ferromagnetic material, a diamagnetic material or a paramagnetic material configured to facilitate switching of the first thermal connector using at least one electromagnet.
Schwartz teaches the first thermal connector (see Fig 4) comprises a ferromagnetic material (ferromagnetic - ¶[0021]), configured to facilitate switching of the first thermal connector using at least one electromagnet (electromagnet - ¶[0021]).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified Fukushiro to include the magnetically actuated cantilever thermal connector of Schwartz, in order to provide a fast switching means (¶[0010]).
Regarding claim 7, Fukushiro teaches the limitations of claim 1, and Fukushiro does not teach a second thermal connector disposed in the first open area that is switchable between two positions independent from any switching of the first thermal connector between the first and second positions.
Schwartz teaches a second thermal connector disposed in the first open area that is switchable between two positions independent from any switching of the first thermal connector between the first and second positions (see array of individually addressed heat switches - ¶[0014]).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified Fukushiro to include the individually controlled array of switches of Schwartz, in order to provide individually controllable thermal conductivity (¶[0014] & ¶[0019]).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ERIC S RUPPERT whose telephone number is (571)272-9911. The examiner can normally be reached Monday - Friday 8 am - 4 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Len Tran can be reached at 571-272-1184. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ERIC S RUPPERT/Primary Examiner, Art Unit 3763
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