DETAILED ACTION
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.
Claim 9 is 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.
This Office Action is being made non-final to provide Applicant with an additional opportunity to correct the indefiniteness issue identified in the previous Office Action. The change in claim 9 from “second” to “another” heat insulating member does not resolve the issue in the claims. Since “another” implies that it is the second/additional, it makes the reader question where the first heat insulating member was found. Since claim 9 does not depend on claim 7 (either directly or indirectly), the “first” heat insulating member in claim 7 does not provide clarity for the “another” heat insulating member in claim 9. The Examiner recommends either amending so that all heating insulating members (in claim 7 and claim 9) are preceded by “a” (and removing “first” and “another”) or making claim 8 depend on claim 7 so that the “another” means that it is “another” beyond the “first” in claim 7. The Examiner is available to discuss other options by telephone and contacted Applicant’s representative on August 10, 2026 to attempt to revise the claims.
Allowable Subject Matter
Claims 1, 3-5, and 7-8 are allowed.
The following is an examiner’s statement of reasons for allowance: See page 6 of the May 20, 2026 Office Action which now apply to claim 1 after the incorporation of the subject matter of previous claim 6.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MATTHEW J DANIELS whose telephone number is (313)446-4826. The examiner can normally be reached Monday-Friday, 8:30-5:00 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Christina Johnson can be reached at 571-272-1176. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MATTHEW J DANIELS/Primary Examiner, Art Unit 1742
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