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 § 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.
(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.
Claim(s) 1, 2, 4, and 14 is/are rejected under 35 U.S.C. 102(a)(1)/(a)(2) as being anticipated by JP 6546423 (hereinafter JP ‘423).
Regarding claims 1 and 4, JP ‘423 discloses a rack (3) for carrying a substrate for cultivating horticultural products, wherein the rack is provided with a heat exchanger (JP ‘423 translation: ¶0034) for temperature control of the substrate, the heat exchanger having a structure comprising a heat exchange surface (18) arranged for heating or cooling the substrate (JP ‘423 translation: ¶0034), wherein the structure forms a carrier plate with a carrier surface for supporting the substrate, wherein the heat exchange surface forms the carrier surface, wherein one or more mounts (22) suspend the heat exchanger at or along its edges to the rack (JP ‘423 translation: ¶0030), and wherein the structure of the heat exchanger is self-supporting for supporting the substrate at least between the one or more mounts without additional support elements below the heat exchanger (JP ‘423 is capable of performing this functional limitation), such that a bottom surface of the structure opposite the heat exchange surface faces an ambient environment (25), wherein the structure comprises an extendible section (23), configured to extend or shorten laterally in plane of the carrier plate between the mounts for compensating thermally induced contraction or expansion of the heat exchanger, respectively (JP ‘translation ¶0030)(in that aluminum expands or contracts with temperature changes, just as the extendible section of the instant invention, and is capable of meeting the functional limitations of the claim). JP ‘423 is capable of performing the functional language of claim 4.
Regarding claim 2, JP ‘423 further discloses the structure of the heat exchanger comprises one or more support members (21), wherein the one or more support members provide structural integrity in a direction parallel to the plane of the carrier plate.
Regarding claim 14, JP ‘423 further discloses a bottom side of the heat exchanger being provided with a light source (17).
Allowable Subject Matter
Claims 3, 5-13, and 15 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter:
JP ‘423 discloses a pervious barrier (JP ‘423 translation: ¶0031); fails to disclose the structure comprising two compartments, one of which forms the extendible section; the carrier plate walls (JP ‘423 translation: ¶0033); or mounts for movably mounting the heat exchanger as claimed.
JP H0410746 does not disclose a heat exchange surface arranged for heating or cooling the substrate as claimed, as JP H0410746 comprises insulating surface (5).
Response to Arguments
Applicant's arguments filed 03/03/2026 have been fully considered but they are not persuasive.
Applicant argues that JP ‘423 fails to disclose a heat exchanger that forms a carrier plate and cites page 3 of the instant application. However, examiner notes that sections the applicant relies on “By forming the carrier surface, the heat exchange surface directly contacts the substrate…” are not recited in the rejected claim(s). Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993). JP ‘423 discloses a heat exchanger that forms a carrier plate as claimed.
Although JP ‘423 may refer to elements of the invention using different terminology than the instant invention those elements still read on the claim language. The claim language does not distinguish the heat exchange surface over the elements recited in JP ‘423 in a way that does not allow 18 of JP ‘423 to read on the claimed invention. The heat exchange surface of JP ‘423 it is able to meet the broadly claimed limitation of “for heating or cooling the substrate”, regardless of how it performs this function.
Applicant argues that JP ‘423 fails to disclose the heat exchange surface being configured for supporting the substrate. It is noted that the features upon which applicant relies (i.e., the heat exchange surface being configured for supporting the substrate) are not recited in the rejected claim(s). Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993). The claims recite that a carrier surface for supporting the substrate. Although a carrier surface is claimed as part of the structure which also comprises a heat exchange surface, they are not claimed as being the same element or interchangeable.
Applicant argues that JP ‘423 is silent as to a heat exchanger and seems to interpret a heat exchanger as producing heat. However, as they are known in the art heat exchangers transfer thermal energy but they are not a heat source. The device of the instant invention is not claimed as being a heat source.
Conclusion
THIS ACTION IS MADE FINAL. 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 KRISTEN C HAYES whose telephone number is (571)272-7881. The examiner can normally be reached M-F 8am-6pm.
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/KRISTEN C HAYES/Primary Examiner, Art Unit 3642
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