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
Claim 7 is withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected Species, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 7/15/2026.
Applicant’s election without traverse of Species A, figs. 1-12 and claims 1-6 and 8-10 in the reply filed on 7/15/2026 is acknowledged.
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.
Claims 1, 4-5 and 10 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Seki K (WO 2017/022244 hereinafter “Seki”).
With respect to claim 1, Seki discloses a cooler (Fig. 7) having a coolant passage (Fig. 7, passage from 25 to 27), the cooler comprising: a cooling plate portion (Fig. 7, 10) having a plurality of partition walls extending in a longitudinal direction (Fig. 7, walls 13 extend longitudinal) and partitioning the coolant passage in a width direction orthogonal to the longitudinal direction (Fig. 7, walls 13 partition the passage into channels 14 in width direction), and an opening that opens the coolant passage in a first longitudinal direction which is one direction of the longitudinal direction and a first height direction which is one direction of a height direction orthogonal to the longitudinal direction and the width direction (Fig. 9, opening 15); and a lid portion joined to the cooling plate portion so as to close the opening of the cooling plate portion (Fig. 9, lid portion 23 closes opening 15), wherein a joint surface of the cooling plate portion with the lid portion is directed further toward the first height direction side than toward the longitudinal direction (Fig. 9, joint surface 17b is on a height direction).
With respect to claim 4, Seki discloses the cooler according to claim 1 as discussed above. Seki also discloses wherein the joint surface does not have a vertical surface extending in the height direction (Fig. 9, joint surface 17b is horizontal and not vertical).
With respect to claim 5, Seki discloses the cooler according to claim 1 as discussed above. Seki also discloses wherein the cooling plate portion has a bottom wall portion extending in the longitudinal direction and the width direction (Fig. 7a, bottom wall 10), an upper wall portion extending in the longitudinal direction and the width direction and facing the bottom wall portion in the height direction (Fig. 7b, upper wall 11a), and a pair of side wall portions coupled to the bottom wall portion and the upper wall portion and facing each other in the width direction (Fig. 7b, wide walls 10c and 10d), and the joint surface is formed on the bottom wall portion, the upper wall portion, and the pair of side wall portions (Fig. 9, joint surface for 23 is along wall 10, 10b, 10c and 10d).
With respect to claim 10, Seki discloses the cooler according to claim 1 as discussed above. Seki also discloses further comprising: an attachment portion for attaching the cooler to an external device (Fig. 7, attachment portion 40 and 41), wherein the attachment portion is located on an opposite side of the coolant passage with respect to the joint surface (Fig. 7, 40 is on an opposite side of passage in 10 and joint surface 11a).
Claim Rejections - 35 USC § 103
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 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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 2-3, 6 and 8-9 are rejected under 35 U.S.C. 103 as being unpatentable over Seki K (WO 2017/022244 hereinafter “Seki”) in view of Konishi Y, Okubo Yoshimasa et al. (JP 2013-254787 hereinafter “Konishi”).
With respect to claim 2, Seki discloses the cooler according to claim 1 as discussed above. Seki does not disclose wherein the joint surface has an inclined surface directed in a second height direction opposite to the first height direction as the inclined surface goes toward the first longitudinal direction.
Konishi teaches a joint surface for a lid portion that has an inclined surface (Figs. 1-4, inclined joint surface on 33 for lid 5). It would have been obvious to one having ordinary skill in the art at the time the invention as filed to have modified the joint surface of Seki with an inclined surface as taught by Konishi to reduce pressure loss and increase the flow of the coolant.
With respect to claim 3, Seki and Konishi teach the cooler according to claim 2 as discussed above. Seki and Konishi teach wherein the joint surface is formed by a horizontal surface extending in the longitudinal direction and the width direction, and the inclined surface (Fig. 2 of Konishi horizontal surface on 33).
With respect to claim 6, Seki discloses the cooler according to claim 5 as discussed above. Seki also discloses wherein the joint surface is formed by an upper wall upper surface which is a surface of the upper wall portion on a side opposite to the bottom wall portion (Fig. 9), an upper wall end surface which is an end surface of the upper wall portion in the first longitudinal direction (Fig. 9, end connected to 24), side wall end surfaces which are end surfaces of the pair of side wall portions in the first longitudinal direction (Fig. 9), and a bottom wall upper surface which is a surface of the bottom wall portion on the upper wall portion side (Fig. 9), the joint surface formed on the upper wall upper surface and the bottom wall upper surface is a horizontal surface extending in the longitudinal direction and the width direction (Fig. 9).
Seki does not disclose the joint surface formed on the upper wall end surface and the side wall end surfaces is an inclined surface directed in a second height direction opposite to the first height direction as the inclined surface goes toward the first longitudinal direction.
Konishi teaches a joint surface for a lid portion that has an inclined surface (Figs. 1-4, inclined joint surface on 33 for lid 5). It would have been obvious to one having ordinary skill in the art at the time the invention as filed to have modified the joint surface of Seki with an inclined surface as taught by Konishi to reduce pressure loss and increase the flow of the coolant.
With respect to claim 8, Seki discloses the cooler according to claim 5 as discussed above. Seki does not discloses wherein partition wall end surfaces which are end surfaces of the plurality of partition walls in the first longitudinal direction are formed at same positions as side wall end surfaces which are end surfaces of the pair of side wall portions in the first longitudinal direction when viewed from the width direction.
Konishi teaches partition wall end surfaces are at a same position as side wall end surfaces (Fig. 8, partition wall end surface in the middle of 33 is at the same position as side wall end surfaces on 33). It would have been obvious to one having ordinary skill in the art at the time the invention was filed to have modified the partition end walls of Seki to be at a same end position as the end surfaces of the side wall as taught by Konishi to have more structural integrity for attaching the lid surface.
With respect to claim 9, Seki discloses the cooler according to claim 1 as discussed above. Seki does not disclose wherein partition wall end surfaces which are end surfaces of the plurality of partition walls in the first longitudinal direction are inclined surfaces directed in second height direction opposite to the first height direction as the inclined surfaces go toward the first longitudinal direction.
Konishi teaches partition wall end surfaces are inclined surfaces (Fig. 8, partition wall end surface in the middle of 33 are inclined). It would have been obvious to one having ordinary skill in the art at the time the invention was filed to have modified the partition end walls of Seki to be inclined as taught by Konishi to have more structural integrity for attaching the lid surface.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CLAIRE E ROJOHN III whose telephone number is (571)270-5431. The examiner can normally be reached 9:00-5:00 M-F.
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/CLAIRE E ROJOHN III/ Primary Examiner, Art Unit 3763
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