DETAILED ACTION
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 3/4/2026 has been entered.
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office 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 Rejections - 35 USC § 102/103
Claims 1-8 and 11-13 are rejected under 35 U.S.C. 102(a)(1) as anticipated by or, in the alternative, under 35 U.S.C. 103 as obvious over JP 3268003 (and see also the machine translation).
Regarding claims 1, 11, and 12, JP 3268003 discloses a device comprising (it being noted comprising is inclusive or open-ended and does not exclude additional, unrecited elements see MPEP 2111.03): a body (vessel/container 10) comprising a (outer) surface; a liquid solvent (heating medium 11 and regarding claim 11 wherein the solvent is made of a material having a boiling point between about 180 degrees Celsius and about 200 degrees Celsius and regarding claim 12 wherein the solvent is ethylene glycol) that is in contact with another (inner) surface of the body configured to supply heat to the body (heating medium 11 is filled in the vessel/container 10); and a heat source (heater 13) configured to heat the liquid solvent so that at least a portion of the liquid solvent is phase-changed into a gas (heating to the phase-changing temperature/point or higher), wherein a (outer) surface of the heat source and the another surface of the body at least partially define a chamber therebetween (Figure 1), the chamber accommodating the liquid solvent, wherein at least a portion of the heat source is contained in the solvent that is in the liquid state (the heater is provided in a substantially central portion of the vessel/container filled with the heating medium as a heating source in a longitudinal manner) (Figure 1 and Pages 3-4 of the machine translation). In the event it is somehow considered JP 3268003 does not necessarily anticipate one or more of the limitations as set forth above the following rejection is made. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention the device taught by JP 3268003 comprises: a body (vessel/container 10) comprising a (outer) surface; a liquid solvent (heating medium 11 of ethylene glycol) that is in contact with another (inner) surface of the body configured to supply heat to the body; and a heat source (heater 13) configured to heat the liquid solvent so that at least a portion of the liquid solvent is phase-changed into a gas (heating to the phase-changing temperature/point or higher), wherein a (outer) surface of the heat source and the another surface of the body at least partially define a chamber therebetween, the chamber accommodating the liquid solvent, wherein at least a portion of the heat source is contained in the solvent that is in the liquid state following that taught by JP 3268003 and including wherein the heating medium (11) is filled in the vessel/container (10) and the heater (13) is provided in a substantially central portion of the vessel/container filled with the heating medium as a heating source in a longitudinal manner.
As to the limitations in claim 1 of a “sealing” device and “a sealing surface, which is configured to seal a sealing target object, on one surface thereof” and in claim 2, the claims are directed to an apparatus. These limitations are directed to the materials and/or articles worked upon by the apparatus and/or functional limitations. Inclusion of the material or article worked upon by a structure being claimed does not impart patentability to the claims (see MPEP 2115). A claim containing a recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus if the prior art apparatus teaches all the structural limitations of the claim. If an examiner concludes that a functional limitation is an inherent characteristic of the prior art, then to establish a prima case of anticipation or obviousness, the examiner should explain that the prior art structure inherently possesses the functionally defined limitations of the claimed apparatus. The burden then shifts to applicant to establish that the prior art does not possess the characteristic relied on (see MPEP 2114). JP 3268003 teaches all of the structural limitations of the claims as set forth above and is configured as a “sealing” device including “a sealing surface, which is configured to seal a sealing target object, on one surface thereof” and “wherein the at least a portion of the solvent is phase-changed into the gas while the sealing body seals the sealing target object” wherein as materials or articles worked upon placed into contact with at least one of the heated outer surfaces of the body (surfaces of 10 undergo heating to for example 60 oC including by keeping the heating of the solvent to its boiling point or higher as taught by JP 3268003) is a sealing target object that seals when heated (for example to 60 oC).
Regarding claim 3, JP 3268003 teaches a housing having a structure (for example considered the left and right walls of vessel/container 10) connected to the body (the body considered the lowermost wall of 10) and configured to accommodate the solvent (see Figure 1).
Regarding claim 4, JP 3268003 teaches the housing comprises a sidewall extending upward from an edge of the body (see Figure 1), and the solvent is contained in an inner space, which has a recessed shape formed by the another surface of the body and the sidewall, in a liquid state.
Regarding claim 5, JP 3268003 teaches the heat source is spaced a predetermined distance from the body (see Figure 1).
Regarding claim 6, JP 3268003 teaches a lid (12) for the body (vessel/container 10). Because the lid is not described as heated the lid is considered a condenser configured to condense the solvent, which is phase-changed into the gas (and necessarily moving upward to contact the lid), into a liquid.
Regarding claim 7, the condenser taught by JP 3268003 is disposed above the heat source (see Figure 1).
Regarding claim 8, the solvent as taught by JP 3268003 is vaporized by the heat source necessarily to move upward, and the solvent is liquefied by the condenser necessarily to move downward (see Figure 1).
Regarding claim 13, the (inner) another surface of the body taught by JP 3268003 is opposite the (outer) surface of the body (see Figure 1).
Claim Rejections - 35 USC § 103
Claims 6-10 are rejected under 35 U.S.C. 103 as being unpatentable over JP 3268003 in view of Kim et al. (U.S. Patent Application Publication 2019/0221811).
Regarding claims 6-10, JP 3268003 is considered to teach an unheated lid (12) as a condenser configured to condense the solvent, which is phase-changed into the gas, into a liquid as set forth above. The following alternative rejection is set forth. JP 3268003 does not expressly describe a condenser. It is well understood by one of ordinary skill in the art of heating liquid solvent (220) so that a least portion of the liquid solvent is phase-changed into a gas (220’) for heating a surface (of 240a-250c) the solvent is vaporized by the heat source (230) to move upward, and the solvent is liquified by disposed in communication with the interior of the housing (200) and extending above the upper wall, i.e. lid, of the housing a condenser of a conveying tube (260) and cooling unit (270) configured to cool and condense the solvent, which is phase-changed into the gas, into a liquid (220”) wherein the condenser is disposed above the heat source so that the solvent is liquefied by the condenser to move downward to retain the solvent vaporized and recirculate the solvent as evidenced by Kim (Figure 3 and Paragraph 0058). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention the lid taught by JP 3268003 comprise thereon and extending above the lid a condenser (of a conveying tube and cooling unit) configured to condense the solvent, which is phase-changed into the gas, into a liquid to retain the solvent vaporized and recirculate the solvent as is well understood by one of ordinary skill in the art as evidenced by Kim (and including then wherein the condenser is disposed above the heat source and the solvent is vaporized by the heat source to move upward, and the solvent is liquefied by the condenser to move downward wherein the condenser is disposed in communication with the interior of the housing and comprising a heat insulating part of the lid disposed between the heat source and the condenser).
Response to Arguments
Applicant's arguments filed 3/4/2026 have been fully considered.
In view of the amendments filed on 3/4/2026 the rejections set forth in the Office action mailed on 12/9/2025 are withdrawn. The claims as amended are fully addressed in the rejections above including the indicated allowability of claim 5 is withdrawn in view of the newly discovered reference to JP 3268003.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOHN L GOFF II whose telephone number is (571)272-1216. The examiner can normally be reached 7:30 AM - 4:00 PM EST Monday - Friday.
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) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Michael Orlando can be reached at 571-270-5038. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/JOHN L GOFF II/Primary Examiner, Art Unit 1746
Prosecution Insights