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 .
Priority
Acknowledgment is made of applicant's claim for foreign priority under 35 U.S.C. 119(a)-(d). The certified copy has been filed in present Application filed on September 11, 2024.
Information Disclosure Statement
The information disclosure statements filed September 11, 2024, have been submitted for consideration by the Office. It has been placed in the application file and the information referred to therein has been considered.
Applicants must continue to submit prior art references throughout the patent application process. A supplemental IDS must be submitted if prior art is discovered through a foreign patent application or an International Patent Search, or a related application before a prosecution closes.
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.
Claims 9-10, 14-17, 19-20 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.
Rejection of claim 9, the limitation “the material of the window is sapphire or is selected from a glass, especially a borosilicate glass or an optical glass such as BK7, a glass- ceramic, silicon or germanium” is failing to particularly point out and distinctly claim the subject matter.
The terms “especially” and “such as” appear to be ambiguous.
Term BK7 requires clarification as borosilicate crown optical glass (see how trademark or part of trademark treated under USC 112)
Appropriate action is required.
Rejection of claim 10, the limitation “the material of the main body is selected from a metal, is selected form a the group consisting of an iron-nickel-cobalt alloy, a stainless steel, aluminum or molybdenum.” is failing to particularly point out and distinctly claim the subject matter.
It should be “a group”, not “the group”.
Please clarify.
Rejection of claim 14, the limitation “housing cap a flange for bonding to a housing base” is failing to particularly point out and distinctly claim the subject matter.
Note that whole invention is about a housing cap, but it is not clear that a flange is part of which of the housing cap component. Please clarify.
Appropriate action is required.
Rejection of claim 15, the term “a housing cap” is failing to particularly point out and distinctly claim the subject matter.
The term “a housing cap” lacks antecedent basis.
Rejection of claims 16-20, claims 16-20 are rejected for the same reason applied to claim 15 above.
Rejection of claim 20, the limitation “wherein the metal is iron-nickel-cobalt alloy.” is indefinite or unclear.
The limitation “The metal is iron-nickel-cobalt alloy” directly conflicts with dependent claim 17 wherein the material of the housing base is a ceramic, not metal.
Please clarify. Appropriate correction is required.
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-AlA) 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.
Claim Rejections - 35 USC § 102
The following is a quotation of 35 U.S.C. 102 which forms the basis for all rejections set forth 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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-6, 8-11, and 13 are rejected under 35 U.S.C. 102(a)(1)/(a)(2) (whichever apply) as being anticipated by Tylor et al. (US5986208, herein referred to as Tylor) or Tsuduki et al. (US20130286565, herein referred to as Tsuduki).
Rejection of claim 1, Taylor (see: abstract; and figures 1-7; and column 1, lines 40-54; and column 5, line 7 - column 8, line 7) or Tsuduki discloses a housing cap for an electronic component, comprising a main body having an opening closed by a window, wherein the window is joined to the main body using a compensation element, wherein there is a cohesive bond using a first bonding material between the compensation element and the window and a cohesive bond using a second bonding material between the compensation element and the main body, wherein a first coefficient of thermal expansion of the window is matched to a second coefficient of thermal expansion of the compensation element or the first coefficient of thermal expansion is less than the second coefficient of thermal expansion (Taylor discloses a housing cap (21) (see: figure 1; column 5, lines 8-9 wherein "housing 21 preferably constructed from aluminum or an aluminum alloy") for an electronics component (see: column 5, lines 11-12 wherein "interior space 26 for receiving a microwave source (not shown)") comprising a main body (24) with an opening (27) (see: figure 1; and column 5, line 10 -> "housing 21 has sidewalls 22 and an end wall 24" and line 12 wherein "end wall 24 has a through opening 27" ), which is closed by a window (33) (see: figure 1; and column 5, lines 13-20 wherein ''for receiving a waveguide window/bimetallic bushing assembly 30. Assembly 30 comprises a microwave transparent window 33 mounted in a metallic window frame 32, which is hermetically sealed to a bimetallic bushing assembly 30 and, when sealed in housing 21, permits transmission of microwaves in and out of electronics housing 21, while maintaining a hermetic seal between the interior of the electronics housing and the ambient atmosphere."), wherein the window (33) is connected to the main body (21) using a compensation element (32) (see: figure 1; and column 5, line 15 wherein "a microwave transparent window 33 mounted in a metallic window frame 32" ), wherein a cohesive connection is formed between the compensation element (32) and the window (33) using a first connecting material (see: column 5, lines 43-48 wherein "The window is sealed to metallic frame 32 using conventional glass-to-metal-sealing (GTMS) techniques to provide a hermetic seal between the window and the metallic frame. Metallic window frame 32 is designed to interface with the glass window 33 in a standard fashion.") and a cohesive connection is formed between the compensation element (32) and the main body (21) using a second connecting material (50) (see: figure 7; and column 8, lines 4-6 wherein "First layer 38 of bimetallic bushing 34 is then hermetically sealed to end wall 24 at interface 72 using a fusion welding technique, preferably by laser welding."), wherein a first coefficient of thermal expansion of the window (33) is matched a second coefficient of thermal expansion of the compensation element (32) (see: column 5, and lines 35-38 wherein "The frame 32 is preferably constructed from an iron-based alloy that has a coefficient of thermal expansion compatible with the coefficient of thermal expansion of the glass window); OR Tsuduki discloses a housing cap (see figures 1-4), comprising a main body (20) having an opening (an opening of 20) closed by a window (30), wherein the window (30) is joined to the main body (20) using a compensation element (40), wherein there is a cohesive bond using a first bonding material (53) between the compensation element (40) and the window (30) and a cohesive bond using a second bonding material (51) between the compensation element (40) and the main body (20), wherein a first coefficient of thermal expansion of the window is matched to a second coefficient of thermal expansion of the compensation element or the first coefficient of thermal expansion is less than the second coefficient of thermal expansion (see paragraph 0076))
Rejection of claim 2, Taylor or Tsuduki discloses the housing cap of claim 1, wherein i) the second coefficient of thermal expansion of the compensation element is greater than a third coefficient of thermal expansion of the main body the second or ii) coefficient of thermal expansion of the compensation element is less than the third coefficient of thermal expansion of the main body (Taylor or Tsuduki inherently would have one option out possible two options, see further specification of Taylor or Tsuduki ).
Rejection of claim 3, Taylor or Tsuduki discloses the housing cap of claim 2, wherein i) the third coefficient of thermal expansion of the main body is at least 0.2 ppm/K, or in that, in alternative ii), the difference is at least 3 ppm/K (see Taylor or Tsuduki discloses have the third coefficient of thermal expansion of the main body is at least 0.2 ppm/K).
Rejection of claim 4, Taylor or Tsuduki discloses the housing cap of claim 1, wherein the first bonding material is connected exclusively to the compensation element and the window (see the first bonding material shown in the figures of Taylor or Tsuduki as mentioned in the claim 1, and further see ).
Rejection of claim 5, Taylor or Tsuduki discloses the housing cap of claim 1, wherein that the compensation element takes the form of a frame, wherein the shape of the frame preferably follows the shape of the opening of the main body (see the figures see frame shaped 32 in the figures of Tylor or the frame shaped 40 in the figures of Tsuduki).
Rejection of claim 6, Taylor discloses the housing cap of claim 5, wherein the frame has an elevated edge to limit a flow of the first bonding material , wherein the elevated edge runs around the whole circumference or is interrupted at vertices of the frame (Taylor states The frame body preferably has a hollow cavity formed by sidewalls on one face and a recess formed by a thin peripheral lip on the opposite face. An opening connects the cavity and the recess. The transparent window is mounted within the recess so that the periphery of the glass window is substantially adjacent to the thin peripheral lip of the frame body wherein the glass window 33 is seated in recess 58 and is sealed to window frame 32 using glass-to-metal sealing material; additionally, it is known and old see cited references.).
Rejection of claim 8, Taylor or Tsuduki discloses the housing cap of claim 1, wherein the opening is disposed in a side wall of the main body, and the side wall has surfaces projecting beyond the window that optionally protrude outside a region around the opening (see the figures of Taylor it has side wall surfaces beyond the window; or see the figure 4 of Tsuduki it has side wall surfaces (see side wall surfaces of 20 beyond dotted line) beyond the window 30 ).
Rejection of claim 9, Taylor or Tsuduki discloses the housing cap of claim 1, wherein the material of the window is sapphire or is selected from a glass, especially a borosilicate glass or an optical glass such as BK7, a glass- ceramic, silicon or germanium (See Taylor discloses microwave transparent window 33 is preferably constructed from glass, such as 7070 Corning glass which is borosilicate glass; or Tsuduki discloses the material of the window is specification for optical device, further mentions that the lid body is required to be transparent to the light (typically, visible light). A material a lid body is glass ; also, it can be quartz crystal (note that quartz crystal is made of silicon)).
Rejection of claim 10, Taylor or Tsuduki discloses the housing cap of claim 1, wherein the material of the main body is selected from a metal, is selected from a the group consisting of an iron-nickel-cobalt alloy, a stainless steel, aluminum, and molybdenum (Taylor discloses the main body is made of aluminum, see specification).
Rejection of claim 11, Taylor or Tsuduki discloses the housing cap of claim 1, the material of the compensation element is selected from an iron-nickel alloy, an iron-nickel-cobalt alloy, a ferritic stainless steel and titanium (Taylor discloses Window frame 32 is made of an alloy such as a FE-NI-CO alloy, see specification; Or Tsuduki discloses the frame body 40 is desirably an iron alloy, such as stainless steel, or other iron alloy containing chromium, nickel, or cobalt. For example, such a material may be SUS430 that is a ferritic stainless steel, SUS304 that is an austenitic stainless steel, 42 alloy, Kovar.).
Rejection of claim 13, Taylor or Tsuduki discloses the housing cap of claim 1, but fails to disclose the second bonding material is a metal solder, or a hard solder.
It was old and known that use of metal solder between two metal adjacent component for permanent or high reliable joint. It was obvious to ordinary skill in the art before the effective filing date of the claimed invention to modify the housing cap of Taylor or Tsuduki to have metal solder for permanent or high reliable joint or connection.
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.
Claims 7 and 12 are rejected under 35 U.S.C. 103 as being unpatentable over Taylor or Tsuduki and further in view of Li et al. (US20230013971, hereinafter Li).
Rejection of claim 7, Taylor or Tsuduki discloses the housing cap of claim 1; but fails to disclose the elevated edge protrudes above the window.
Li discloses the elevated edge protrudes above the window (see 103 and 104 in the figures 1 or 5 or 7 of Li).
It would been obvious to ordinary skill in the art before the effective filing date of the claimed invention to modify the housing cap of Taylor or Tsuduki to have elevated edge as taught by Li so that effective bonding between glass and other dissimilar material structure (glass to metal bonding).
Rejection of claim 12, Taylor or Tsuduki discloses the housing cap of claim 1; but fails to disclose the first bonding material is a glass solder, optionally based on a lead-zinc glass or a bismuth-zinc glass.
Li discloses adhesive x as glass solder is used between metal to glass bonding (see the adhesive X includes low-temperature glass solder).
It would been obvious to ordinary skill in the art before the effective filing date of the claimed invention to modify the housing cap of Taylor or Tsuduki to have glass solder as taught by Li so that effective bonding between glass and other dissimilar material structure (glass to metal bonding).
Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over Taylor or Tsuduki and further in view of Hashimoto et al. (US20190165542, hereinafter Hashimoto).
Rejection of claim 14, Taylor or Tsuduki discloses the housing cap of claim 1; but fails to disclose the main body of the housing cap comprises a flange for bonding to a housing base.
Hashimoto discloses the main body of the housing cap comprises a flange for bonding to a housing base bonding (see body 12 having a flange 12 connected to 11 in Hashimoto).
It would been obvious to ordinary skill in the art before the effective filing date of the claimed invention to modify the housing cap of Taylor or Tsuduki to have glass solder as taught by Hashimoto so that securely attached main body to the base.
Claim 15 is rejected under 35 U.S.C. 103 as being unpatentable over Taylor or Tsuduki and further in view of Pakula et a. ( US20120118628, hereinafter Pakula).
Rejection of claim 15, Taylor or Tsuduki discloses a housing for an electronic component, comprising housing cap of claim 1; but fails to disclose a housing base.
Pakula discloses a housing comprising the housing cap and a housing base (see 204 and 206 in figure 2B).
It would been obvious to ordinary skill in the art before the effective filing date of the claimed invention to modify the a housing of Taylor or Tsuduki to have multiple components put together as mentioned in the Pakula so that electronic component place within and protected by the surrounding structure. It has been held that constructing a formerly integral structure in various elements involves only routine skill in the art. Nerwin v. Erlichman, 168 USPQ 177, 179.
Claim 16-17 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Taylor or Tsuduki, and Pakula, and further in view of Hirn et al. (US20240204476, hereinafter Hirn).
Rejection of claim 16, Taylor or Tsuduki in view of Pakula discloses
the housing of claim 15, but fail to disclose the third coefficient of thermal expansion of the main body of the housing cap of the housing is matched to a coefficient of thermal expansion of the housing base.
Hirn discloses the third coefficient of thermal expansion of the main body of the housing cap of the housing is matched to a coefficient of thermal expansion of the housing base (see specification of Hirn wherein the base part and the cover part have materials with similar coefficients of thermal expansion ).
It would been obvious to ordinary skill in the art before the effective filing date of the claimed invention to modify the a housing of Taylor or Tsuduki in view of Pakula to have coefficient base and cover part similar at taught by Hirn so this allows stresses between the base part and the cover part which could be caused by different thermal expansion coefficients during temperature changes, to be minimized.
Rejection of claim 17, Taylor or Tsuduki in view of Pakula and Hirn discloses the housing of claim 15, but fail to disclose the material of the housing base is a ceramic (Hirn discloses ceramic base part).
Rejection of claim 19, Taylor or Tsuduki in view of Pakula and Hirn discloses the housing of claim 15, but fail to disclose the material of the housing base is a ceramic (Hirn discloses ceramic material is aluminum nitride ).
Pertinent Prior Arts
The prior arts made of record and not relied upon are considered pertinent to applicant's disclosure. Please refer to the enclosed PTO-892 form for the citation of pertinent arts in the present case, all of which disclose various housing caps.
Communication
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PARESH PAGHADAL whose telephone number is (571)272-5251. The examiner can normally be reached 7:00AM-4:00PM, Monday - Thursday.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Timothy Thompson can be reached on (571)272-2342. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/PARESH PAGHADAL/ Primary Examiner, Art Unit 2847
