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 .
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the deforming a fifth main surface of the first flow passage plate to form a deformed first flow passage plate, a plurality of third recesses being formed in the fifth main surface, the plurality of first flow passages being deformed, each of the plurality of third recesses extending along a second direction crossing the first direction; deforming a sixth main surface of the second flow passage plate to form a deformed second flow passage plate, a plurality of fourth recesses being formed in the sixth main surface, the plurality of second flow passages being deformed, each of the plurality of fourth recesses extending along the second direction; and joining the fifth main surface of the deformed first flow passage plate and the sixth main surface of the deformed second flow passage plate together to form a plurality of third flow passages between the plurality of third recesses and the plurality of forth recesses, a second fluid being configured to flow through the plurality of third flow passages, each of the plurality of third flow passages extending along the second direction must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
The specification is objected to as failing to provide proper antecedent basis for the claimed subject matter. See 37 CFR 1.75(d)(1) and MPEP § 608.01(o). Correction of the following is required: deforming a fifth main surface of the first flow passage plate to form a deformed first flow passage plate, a plurality of third recesses being formed in the fifth main surface, the plurality of first flow passages being deformed, each of the plurality of third recesses extending along a second direction crossing the first direction; deforming a sixth main surface of the second flow passage plate to form a deformed second flow passage plate, a plurality of fourth recesses being formed in the sixth main surface, the plurality of second flow passages being deformed, each of the plurality of fourth recesses extending along the second direction; and joining the fifth main surface of the deformed first flow passage plate and the sixth main surface of the deformed second flow passage plate together to form a plurality of third flow passages between the plurality of third recesses and the plurality of forth recesses, a second fluid being configured to flow through the plurality of third flow passages, each of the plurality of third flow passages extending along the second direction.
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, 2, 4, and 5 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. The specification at page 22, [0041], lines 5-7, “Although the first flow passage plate 20 show in Fig. 12C is illustrated, the first flow passage plate 20 shown in Fig. 11C may be used.” The specification, however, does not disclose the following newly added limitations to claim 1: deforming a fifth main surface of the first flow passage plate to form a deformed first flow passage plate, a plurality of third recesses being formed in the fifth main surface, the plurality of first flow passages being deformed, each of the plurality of third recesses extending along a second direction crossing the first direction; deforming a sixth main surface of the second flow passage plate to form a deformed second flow passage plate, a plurality of fourth recesses being formed in the sixth main surface, the plurality of second flow passages being deformed, each of the plurality of fourth recesses extending along the second direction; and joining the fifth main surface of the deformed first flow passage plate and the sixth main surface of the deformed second flow passage plate together to form a plurality of third flow passages between the plurality of third recesses and the plurality of forth recesses, a second fluid being configured to flow through the plurality of third flow passages, each of the plurality of third flow passages extending along the second direction.
Applicant has not disclosed the steps in the specification for using the embodiment shown in Figs. 11A – 11C to form the heat transport device of the claims.
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, 2, 4, and 5 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. In claim 1, it is unclear as to what is meant by the second flat plate having a second main surface, the third plate having a third main surface, the fourth plate having a fourth main surface, the fifth plate having a fifth main surface, and the sixth plate having a sixth main surface because specification only discloses each flat plate having a main surface and does not mention second, third, fourth, fifth, and a sixth main surfaces. In addition, it is unclear from the specification as to how the steps of deforming and joining the first and second flow passage plates is performed when the specification does not describe these steps in relation to the embodiment claimed. Appropriate correction is required.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1, 2, 4, and 5 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JERMIE E COZART whose telephone number is (571)272-4528. The examiner can normally be reached Monday - Friday 8:30am - 7:00pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Sunil Singh can be reached at 571-272-3460. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JERMIE E COZART/Primary Examiner, Art Unit 3799
July 21, 2026
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