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 Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1-18 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. Current specification is silent or at least unclear regarding the specific elements and their molecular ratios in the claimed compound based on La (Fe, Si)13. crystal structure. What is a group 1 element? What is a group 2 element? What is a fifth period element? What is a sixth period element? If applicant has a particular meaning and a definition behind the claimed limitations, said meaning and definition should be clear from the specification.
Currently, one of ordinary skill in the art would deduce from the specification that Barium is used to replace Lanthanum in the above equation for the crystal structure of the first alloy (page 7, lines 23-31), in different unclear manners. If the two alloys differ in composition, as claimed, which element substitutes Lanthanum, other than Barium? Currently, we have two variables and one enabling parameter to fill them.
Claims 2-18 depend on claim 1 and are thus also deemed as failing to comply with the written description requirement.
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.
Claims 1-18 are 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 1 recites the limitations “group 1 element” and “group 2 element”. If one is to assume that the group 1 element could be one of H, Li, Na, K, Rb, Cs and Fr and group 2 element could be one of Be, Mg, Ca, Sr, Ba and Ra, it is unclear what exactly is the claimed combination once La is substituted in La (Fe, Si)13.
Claims 2-18 depend on claim 1 and are thus also deemed indefinite by definition.
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.
Claim(s) 1-18 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by “Tuning the Magnetocaloric Properties of the La(Fe,Si)13 Compounds by Chemical Substitution and Light Element Insertion” to Bessais et al. (Bessais).
In reference to claim 1, Bessais teaches a unit (section 8.; page 12, last paragraph, through page 13) comprising a first alloy having a structure in which, in a crystal structure of a La(Fe,Si)13-based alloy, a lanthanum element position is replaced with a group 1 element other than hydrogen or a group 2 element (Ce/Pr for La in section 5, page 7 and page 8, first two paragraphs; FIG. 8); and a second alloy having a structure in which, in a crystal structure of a La(Fe,Si)13-based alloy, a lanthanum element position is replaced with a group 1 element other than hydrogen or a group 2 element and having a composition different from that of the first alloy (Nd for La in section 5, page 7 and page 8, first two paragraphs; FIG. 8).
In reference to claim 2, Bessais teaches the unit as explained in the rejection of claim 1 above, and Bessais additionally teaches that the unit is configured to control capable of controlling a temperature of a temperature control target by causing a magnetic entropy change (introduction; page 1 and page 2).
In reference to claim 3, Bessais teaches the unit as explained in the rejection of claim 1 above, and Bessais additionally teaches wherein a phase transition temperature of the first alloy and a phase transition temperature of the second alloy are different (inherent since the phase transition temperatures of alloys having a different composition have different physical properties).
In reference to claim 4, Bessais teaches the unit as explained in the rejection of claim 1 above, and Bessais additionally teaches that the first alloy and the second alloy are connected in a state of being arranged side by side (epoxy bonded plates, page 13, first paragraph).
In reference to claim 5, Bessais teaches the unit as explained in the rejection of claim 1 above, and Bessais additionally teaches wherein the first alloy has a structure in which, in the crystal structure of the La(Fe,Si)13-based alloy, a lanthanum element is replaced with an element selected from elements of the fifth period and the sixth period (Ce/Pr for La in section 5, page 7 and page 8, first two paragraphs; FIG. 8), and the second alloy has a structure in which, in the crystal structure of the La(Fe,Si)13- based alloy, a lanthanum element is replaced with an element selected from elements of the fifth period and the sixth period (Nd for La in section 5, page 7 and page 8, first two paragraphs; FIG. 8).
In reference to claim 6, Bessais teaches the unit as explained in the rejection of claim 1 above, and Bessais additionally teaches wherein one of the first alloy and the second alloy has a structure in which, in the crystal structure of the La(Fe,Si)13-based alloy, a lanthanum element is replaced with a group 1 element other than hydrogen and a group 2 element (Ce/Pr for La in section 5, page 7 and page 8, first two paragraphs; FIG. 8).
In reference to claim 7, Bessais teaches the unit as explained in the rejection of claim 1 above, and Bessais additionally teaches wherein one of the first alloy and the second alloy has a structure in which, in the crystal structure of the La(Fe,Si)13-based alloy, an iron element is replaced with a cobalt element (page 5 and FIG. 2 and 3).
In reference to claim 8, Bessais teaches the unit as explained in the rejection of claim 1 above, and Bessais additionally teaches wherein one of the first alloy and the second alloy has a structure in which, in the crystal structure of the La(Fe,Si)13-based alloy, a silicon element is replaced with at least one element selected from the group consisting of carbon (section 6.2, page 10-11).
In reference to claim 9, Bessais teaches the unit as explained in the rejection of claim 1 above, and Bessais additionally teaches a temperature control module including the unit according to claim 1, the temperature control module further comprising a magnetic field applicator configured to change a magnetic field applied to the unit (inherent in the exploitation of MCE; introduction, page 1).
In reference to claim 10, Bessais teaches the unit as explained in the rejection of claim 1 above, and Bessais additionally teaches a temperature control apparatus including the temperature control module according to claim 9, the temperature control apparatus further comprising a heat medium used in thermal contact with the unit; and a heat medium moving device configured to move the heat medium (inherent in the structure of MCE apparatus utilizing La(Fe, Si)13 crystal structure; introduction).
In reference to claim 11, Bessais teaches the unit as explained in the rejection of claim 2 above, and Bessais additionally teaches wherein a phase transition temperature of the first alloy and a phase transition temperature of the second alloy are different (inherent since the phase transition temperatures of alloys having a different composition have different physical properties).
In reference to claim 12, Bessais teaches the unit as explained in the rejection of claim 2 above, and Bessais additionally teaches that the first alloy and the second alloy are connected in a state of being arranged side by side (epoxy bonded plates, page 13, first paragraph).
In reference to claim 13, Bessais teaches the unit as explained in the rejection of claim 2 above, and Bessais additionally teaches wherein the first alloy has a structure in which, in the crystal structure of the La(Fe,Si)13-based alloy, a lanthanum element is replaced with an element selected from elements of the fifth period and the sixth period (Ce/Pr for La in section 5, page 7 and page 8, first two paragraphs; FIG. 8), and the second alloy has a structure in which, in the crystal structure of the La(Fe,Si)13- based alloy, a lanthanum element is replaced with an element selected from elements of the fifth period and the sixth period (Nd for La in section 5, page 7 and page 8, first two paragraphs; FIG. 8).
In reference to claim 14, Bessais teaches the unit as explained in the rejection of claim 2 above, and Bessais additionally teaches wherein one of the first alloy and the second alloy has a structure in which, in the crystal structure of the La(Fe,Si)13-based alloy, a lanthanum element is replaced with a group 1 element other than hydrogen and a group 2 element (Ce/Pr for La in section 5, page 7 and page 8, first two paragraphs; FIG. 8).
In reference to claim 15, Bessais teaches the unit as explained in the rejection of claim 2 above, and Bessais additionally teaches wherein one of the first alloy and the second alloy has a structure in which, in the crystal structure of the La(Fe,Si)13-based alloy, an iron element is replaced with a cobalt element (page 5 and FIG. 2 and 3).
In reference to claim 16, Bessais teaches the unit as explained in the rejection of claim 8 above, and Bessais additionally teaches wherein one of the first alloy and the second alloy has a structure in which, in the crystal structure of the La(Fe,Si)13-based alloy, a silicon element is replaced with at least one element selected from the group consisting of carbon (section 6.2, page 10-11).
In reference to claim 17, Bessais teaches the unit as explained in the rejection of claim 3 above, and Bessais additionally teaches that the first alloy and the second alloy are connected in a state of being arranged side by side (epoxy bonded plates, page 13, first paragraph).
In reference to claim 18, Bessais teaches the unit as explained in the rejection of claim 3 above, and Bessais additionally teaches wherein the first alloy has a structure in which, in the crystal structure of the La(Fe,Si)13-based alloy, a lanthanum element is replaced with an element selected from elements of the fifth period and the sixth period (Ce/Pr for La in section 5, page 7 and page 8, first two paragraphs; FIG. 8), and the second alloy has a structure in which, in the crystal structure of the La(Fe,Si)13- based alloy, a lanthanum element is replaced with an element selected from elements of the fifth period and the sixth period (Nd for La in section 5, page 7 and page 8, first two paragraphs; FIG. 8).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
See attached PTO-892 form for relevant prior art.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, JD Fletcher can be reached at 5712705054. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/FILIP ZEC/ Primary Examiner, Art Unit 3763
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