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 .
Status of Claims
Claims 1-10 are pending. Claim 10 is withdrawn. Claims 1-9 are examined below.
Election/Restrictions
Applicant’s election without traverse of Group I in the reply filed on 9/1/2026 is acknowledged.
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.
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.
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 non-obviousness.
Claims 1 and 3-9 are rejected under 35 U.S.C. 103 as being unpatentable over Uchida (JP 2019-204926).
Regarding claim 1, Uchida discloses a thermoelectric conversion module comprising:
a substrate (110) having a first main face and a second main face located opposite the first main face (shown in fig. 7 and 16(a));
a thermoelectric conversion part (referred to as 8, 4 and A1, see para [0034], [0038]-[0039]) located on the first main face (shown in fig. 7 and 16(a));
a first thermal conduction part and a second thermal conduction part (both identified as first high thermal conductor (1)) located on the second main face and adjacent to each other along a first direction orthogonal to a thickness direction of the substrate (shown in fig. 7 and 16(a)); and
a thermal insulating member (202) located on the second main face and at least between the first thermal conduction part and the second thermal conduction part (shown in fig. 16(a)),
wherein the thermoelectric conversion part comprises a p-type thermoelectric conversion element (A3) and an n-type thermoelectric conversion element (A4) arranged along the first direction (see fig. 16(a)),
wherein a first end part of the p-type thermoelectric conversion element (A3) in the first direction is in contact with a first end part of the n-type thermoelectric conversion element (A4) in the first direction and overlaps with the thermal insulating member (202) in the thickness direction,
wherein, in the thickness direction, the first thermal conduction part (1) is overlapped with a second end part of the p-type thermoelectric conversion element (A5) in the first direction (shown in fig. 16(a)),
wherein, in the thickness direction, the second thermal conduction part (also identified as 1) is overlapped with a second end part of the n-type thermoelectric conversion (A4) element in the first direction (see fig. 16(a) (see also figs. 1, 2, 7 and 16(a), see para [0034]-[0076] and [0095]-[0098]),
wherein each thickness of the p-type thermoelectric conversion element and the n-type thermoelectric conversion element is more than 10 µm to less than 200 µm (see para [0056]), (which overlaps the recited range of 3 µm or more and 30 µm or less).
The court has held where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists. In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990). See MPEP § 2144.05.
Uchida does not disclose wherein each of a difference in linear expansion coefficient between the first thermal conduction part and the thermal insulating member and a difference in linear expansion coefficient between the second thermal conduction part and the thermal insulating member is 100 ppm/K or less.
Uchida does disclose materials for the first thermal conduction part and the thermal insulating member. Specifically, Uchida discloses the use of materials that meet this limitation. Specifically, Uchida discloses single wall CNT, metal or ceramics (see para [0066]) as the thermal conduction part (1) and foam for the thermal insulating member (202) (see para [0031]. All the foams minus certain foam rubbers are within 100 ppm/K of the thermal conduction part material list (ppm/k for materials listed are available from handbooks, see MPEP § 2144.03), which reads on the limitation.
Regarding claim 3, Uchida discloses a thermoelectric conversion module according to claim 1, but does not disclose wherein each width of the first thermal conduction part and the second thermal conduction part along the first direction is 0.5 mm or more and 1.5 mm or less. Uchida does disclose the length (equivalent to width in the instant claim) of thermoelectric elements are from 5mm to 20 mm (see para [0054]). The thermal conduction part is less than the conduction part (i.e., in a range less than 5 mm) (shown in fig. 16).
The court has held differences a variable will not support the patentability of subject matter encompassed by the prior art unless there is evidence indicating such concentration or temperature is critical. "[W]here the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation." In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955). See MPEP § 2144.05.
Regarding claim 4, Uchida discloses a thermoelectric conversion module according to claim 1. Uchida does not disclose wherein the thermal conductivity of the first thermal conduction part and the second conduction part is 2.0 W/mK or more and 5.0 W/mK or less, and wherein the thermal conductivity of the thermal insulating member is 0.02 W/mK or more and 0.05 W/mK or less. Uchida does disclose materials of the thermal insulating members, (i.e., closed cell foamed urethane 0.020 to 0.038 W/m·K (handbook); foamed phenolic 0.018 W/(m·K) to 0.023 W/(m·K) (handbook); foamed styrene 0.030 to 0.040 W/m·K (handbook); foamed rubber 0.031 to 0.038 W/m·K), which reads on the thermal conductivity of the thermal insulating member is 0.02 W/mK or more and 0.05 W/mK or less.
Uchida discloses wherein each thermal conductivity of the first thermal conduction part and the second thermal conduction part is 10 W/mK or greater (see para [0068]).
The court has held differences a variable will not support the patentability of subject matter encompassed by the prior art unless there is evidence indicating such concentration or temperature is critical. "[W]here the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation." In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955). See MPEP § 2144.05.
Regarding claim 5, Uchida discloses a thermoelectric conversion module according to claim 1, further comprising a heat dissipation member (202 and 2) located on the second main face, wherein as viewed from the thickness direction, the heat dissipation member surrounds the first thermal conduction part, the second thermal conduction part and the thermal insulating member (shown in fig. 16(b), see para [0096]-[0098]).
Regarding claim 6, Uchida discloses a thermoelectric conversion module according to claim 1, wherein each thickness of the p-type thermoelectric conversion element and the n-type thermoelectric conversion element is more than 10 µm to less than 200 µm (see para [0056]), (which overlaps the recited range of 5 µm or more and 25 µm or less).
The court has held where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists. In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990). See MPEP § 2144.05.
Uchida does not disclose wherein an interval between the first thermal conduction part and the second thermal conduction part in the first direction is 3 mm or more and less than 12 mm. The thickness of the n-type and p-type conversion elements does put the spacing in the mm range, wherein spacing may be optimized.
The court has held differences a variable will not support the patentability of subject matter encompassed by the prior art unless there is evidence indicating such concentration or temperature is critical. "[W]here the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation." In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955). See MPEP § 2144.05.
Regarding claim 7, Uchida discloses a thermoelectric conversion module according to claim 1, further comprising:
a first thermoelectric conversion group (8a) located on the first main face and having the thermoelectric conversion part (see claim 1); and
a second thermoelectric conversion group (8b) located on the first main face and adjacent to the first thermoelectric conversion group along a second direction orthogonal to the thickness direction and the first direction (shown in fig. 12) (see para [0089]),
wherein the second thermoelectric conversion group has a second thermoelectric conversion part adjacent to the thermoelectric conversion part along the second direction (see fig. 12),
wherein the second thermoelectric conversion part has a second p-type thermoelectric conversion element and a second n-type thermoelectric conversion element arranged along the first direction (referred to as 8, 4 and A1, see para [0034], [0038]-[0039]),
wherein a first end part of the second p-type thermoelectric conversion element in the first direction is in contact with a first end part of the second n-type thermoelectric conversion element in the first direction and overlaps with the thermal insulating member in the thickness direction (shown in fig. 16(a) and (b),
wherein the first thermal conduction part and the second thermal conduction part each extend along the second direction, wherein, in the thickness direction, the first thermal conduction part is overlapped with a second end part of the second p-type thermoelectric conversion element included in the second thermoelectric conversion part in the first direction, and
wherein, in the thickness direction, the second thermal conduction part is overlapped with a second end part of the second n-type thermoelectric conversion element included in the second thermoelectric conversion part in the first direction (see fig. 16(a) (see also figs. 1, 2, 7 and 16(b), see para [0034]-[0076] and [0095]-[0098]).
Regarding claim 8, Uchida discloses a thermoelectric conversion module according to claim 7, further comprising: a first conductive part (9A) located on the first main face and connected to one end of the first thermoelectric conversion group in the first direction (see fig. 1, para [0042); and
a second conductive part (joining members 7) located on the first main face and connected to the other end of the first thermoelectric conversion group in the first direction and to one end of the second thermoelectric conversion group in the first direction (see fig. 1, para [0039] and [0050]),
wherein each conductivity type of the first conductive part and the second conductive part is identical (see para [0057]-0059]). Specifically, Uchida discloses wherein the material used for the electrode (9) and the joining part (7) are the same material and therefore are the same “type”.
Regarding claim 9, Uchida discloses a thermoelectric conversion module according to claim 1, wherein each of the substrate, the thermoelectric conversion part, the first thermal conduction part, the second thermal conduction part and the thermal insulating member has a flexibility. (see para [0012]-[0013])
Allowable Subject Matter
Claim 2 is 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:
The prior art does not disclose the accumulative limitations of the independent claims. Specifically, the cited prior art discloses a thermal insulating member with a linear expansion coefficient below 200 ppm/K, i.e., closed cell foamed urethane; foamed phenolic; foamed styrene; foamed rubber (multiple materials meeting a closed cell foamed rubber). But, none of the cited materials for the first conductive part meet the limitation of a linear expansion coefficient of greater than 100 ppm/K (i.e., metals, ceramics, CNTs). To meet this requirement, the conductive part material would need to be specific conductive polymers including polymer comprising fill, but the degree of fill would have to be limited. Although Uchida discloses conductive polymers for a conductive part (see para [0058]-[0059]), none are listed for the first conductive part. Further, even if one could combine the choice of the listed material as a selection for the first conductive part, each of the conductive polymers has a possible range of linear expansion coefficient, and not all versions of the materials meet the recited 100 ppm/K and further selection criteria would be required, that is not disclosed in the prior art.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Nishio (WO 2020/022228) reads on at least claim 1, Seki et al. (US 2022/0045258) reads on at least claim 1.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JAYNE L MERSHON whose telephone number is (571)270-7869. The examiner can normally be reached 10:00 to 6:00 M-F.
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JAYNE L. MERSHON
Primary Examiner
Art Unit 1721
/JAYNE L MERSHON/ Primary Examiner, Art Unit 1721
