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
Applicant’s election of Group II, claims 7-15, in the reply filed on 4/9/2026 is acknowledged. Because applicant did not distinctly and specifically point out the supposed errors in the restriction requirement, the election has been treated as an election without traverse (MPEP § 818.01(a)).
Claims 1-6 and 16-19 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim.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 4/9/2026.
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 10 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.
Claim 10 recites the limitations "the inner pressure" and “the external atmospheric pressure” in lines 2-3. There is insufficient antecedent basis for these limitations in the claim.
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.
Claims 7 and 9-15 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Samanta et al. (US 2016/0319588) [hereinafter Samanta].
Regarding claim 7, Samanta discloses a thermal insulation member (Fig. 1; paragraph [0012]) comprising a shape-changing cavity (void) and a thermal insulation material (aerogel) to be accommodated in the cavity (paragraphs [0012-0013]), wherein the thermal insulation material (aerogel) is a powder (paragraph [0013]) and moves within the cavity as the shape is changed (paragraph [0030]). The cavity (void) in Samanta changes shape due to the void changing in thickness/volume. The cavity (void) is increased when the panes are held apart in order to fill the cavity with the aerogel particles, and then the cavity (void) is reduced when the panes return to their natural, closer positions compacting the aerogel particles (paragraph [0030]).
Regarding claim 9, Samanta discloses the thermal insulation material is flowable and has volume retention performance where the volume is retained before and after the change in cavity shape (paragraphs [0029-0030]).
Regarding claim 10, Samanta discloses the inner pressure of the cavity is set lower than the external atmospheric pressure (paragraph [0028-0030]).
Regarding claim 11, Samanta discloses the cavity is filled with a gas of lower thermal conductivity than air (paragraph [0030]).
Regarding claim 12, Samanta discloses the cavity further accommodates a liquid that is exclusive against the thermal insulation material (paragraph [0018]).
Regarding claim 13, Samanta discloses the thermal insulation material is hydrophobic, and the cavity further accommodates water (paragraphs [0012] and [0018]).
Regarding claim 14, Samanta discloses the cavity comprising one or more pairs of panels (panes 120A and 120B) and a thermal insulation material storage (vacuum), each of the one or more pairs of panels has a gap (void) inside capable of accommodating the thermal insulation material (aerogel), and the thermal insulation material storage accommodates the thermal insulation material, and pushes the thermal insulation material into the gap between the panels or collects the thermal insulation material from the gap between the panels as a volume of a space that continues with the gap is changed (Fig. 1; paragraphs [0029-0032]).
Regarding claim 15, Samanta discloses the cavity comprising one or more pairs of panels (panes 120A and 120B) , a thermal insulation material storage (vacuum), and a liquid storage (paragraph [0018]), each one of the one or more pairs of panels (panes) has a gap (void) inside capable of accommodating the thermal insulation material (aerogel), the thermal insulation material storage having a space continued with the gap and is capable of accommodating the thermal insulation material in the space, and the liquid storage accommodates the liquid, and pushes the thermal insulation material into the gap (space) between the panels (panes) or collects the thermal insulation material from the gap between the panels as a volume of a space that continues with the gap is changed to move the liquid (Fig. 1; paragraphs [0018] and [0028-0032]).
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 8 is rejected under 35 U.S.C. 103 as being unpatentable over Samanta in view of Wu et al. (US 2023/0357525) [hereinafter Wu].
Samanta teaches the claimed thermal insulation member as shown above and teaches the thermal insulation material being made of aerogel (abstract). However, Samanta fails to teach the aerogel having a three-dimensional network structure whose framework is formed by a cluster, an aggregation of primary particles, and contains fine particles which have a three-dimensional network structure whose framework is formed by the primary particles.
Wu teaches an aerogel powder used for thermal insulation wherein the aerogel has a three-dimensional network structure whose framework is formed by a cluster, an aggregation of primary particles, and contains fine particles which have a three-dimensional network structure whose framework is formed by the primary particles for the purpose of providing an excellent thermal insulation material with a very low density (paragraphs [0034-0038]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the aerogel in Samanta to include an aerogel having a three-dimensional network structure whose framework is formed by a cluster, an aggregation of primary particles, and contains fine particles which have a three-dimensional network structure whose framework is formed by the primary particles as suggested by Wu in order to provide an excellent thermal insulation with a very low density if so desired.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CATHERINE A SIMONE whose telephone number is (571)272-1501. The examiner can normally be reached M-F 8am-4pm.
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, Frank Vineis can be reached at 571-270-1547. 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.
CATHERINE A. SIMONE
Examiner
Art Unit 1781
/Catherine A. Simone/Primary Examiner, Art Unit 1781
Prosecution Insights