DETAILED ACTION
Examiner’s Note
This office action is in response to applicants’ amendments to the claims and remarks filed June 23, 2026. Claims 1-8 are pending.
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). Applicants’ have amended claim 1 to include that each of the columnar supporting portions has a wall surface, the wall surface being provided with a plurality of opening holes opened in the wall surface of the columnar support portion. Applicants are advised that any text added to the specification requires support within the specification as originally filed. Any amendments to the specification should be accompanied by a statement specifically pointing out where the additional language is supported within the specification as filed.
Claim Rejections - 35 USC § 112(new matter)
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 1-8 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.
Applicants claim that each of the columnar supporting portions has a wall surface provided with a plurality of opening holes opened in the wall surfaces, however support could not be found with applicants’ disclosure as originally filed. Applicants’ drawings identify columnar supporting portions number 5 and node portions 6. The columnar support portions connecting the node portions (figure 1 and specification paragraph 0037). Applicants’ specification does not appear to describe or define a wall surface within or as part of the columnar support portions, however even where the outer surface of the columnar support portions is considered a wall surface the surface of the columnar support portions are not depicted or described as to including a plurality of opening holes. While it may be possible that one of ordinary skill in the art may identify a process by with the surface of the columnar support portions may be perforated to create a pliantly of holes, no description of such subject matter could be identified within applicants’ specification as originally filed. This is a new-matter rejection.
Allowable Subject Matter
Claims 1-8 are rejected as containing new matter as discussed above, however the newly claimed subject matter has not been identified within the prior art. While the application as filed does not support a metal porous body as claimed, the claimed configuration is distinct from the prior art. Okouno et al. disclose a metal porous body comprising a framework that forms a three-dimensional network structure including nodes and a plurality of connecting ribs (Figures 3-5 and paragraphs 0050-0055 and 0077). The ribs are columnar supporting portions connected by the nodes with the framework provided with a plurality of holes open in a surface of the framework. Okouno et al. however do not appear to explicitly disclose columnar support portions having a wall surface that is provided with a plurality of opening holes. Further there is no motivation such that one of ordinary skill in the art before the effective filing date of applicants claimed invention would have found it obvious to modify the metal porous body of Okouno et al. to include a plurality of openings within the connecting ribs. While applicants claimed configuration is found to distinguish over Okouno et al. support for the distinguishing feature was not found within the specification as originally filed.
Response to Amendments/Arguments
Applicants’ amendments to the claims and remarks filed June 23, 2023 have been considered and are found to distinguish over the metal porous body of Okouno et al. however support was not found within applicants specification as originally filed for columnar supporting portions having a wall surface including a plurality of opening holes.
Applicants argue that opening holes are expressly recited as being formed in the wall surface of the columnar supporting portions and recites framework members whose own surfaces are perforated by a plurality of opening holes. A framework whose own surfaces are perforated by a plurality of holes is understood to be the openings framed by a perimeter of connecting portions and nodes as depicted by applicants in figure 1 where connection portions 5 surround an area/opening ‘A’. However openings formed in the wall surface of the columnar support portions do not appear to be expressly depicted or described. A columnar support portion is a material portion bridging between nodes which combine to make up a framework. While not expressly defined, the wall of a columnar supporting portion is most clearly understood where the columnar support portion is hollow, but where not hollow, is understood to be surface of the columnar support portion. Regardless of whether the columnar support portion is hollow, the claims as amended require the columnar support portions to have a plurality of opening holes, a feature not possess by Kanda, but also not found to be supported in applicants’ specification as originally filed.
New grounds of rejection under 35 U.S.C. 112(a) have been entered in response to applicants’ amendments to the claims and this action is made final.
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 ADAM C KRUPICKA whose telephone number is (571)270-7086. The examiner can normally be reached Monday-Friday 8-5pm EST.
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/Adam Krupicka/ Primary Examiner, Art Unit 1784
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