DETAILED ACTION
(1)
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 . This is the first office action on the merits. Applicant’s preliminary amendment, filed May 28, 2025, is entered. Applicant amended claims 1-20. No new matter is entered. Claims 1-20 remain pending before the Office for review.
(2)
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.
Claims 1-20 are 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.
Claim 1 is directed toward a measuring system comprising first and second thermoelectric conversion devices disposed on the substrate. Claim 1 also requires a component perpendicular to the placement surface of the temperature gradient and a component parallel to the placement surface of the temperature gradient. The nature of these components is insolubly ambiguous as to what they require and how they are defined.
Claim 1 recites the limitation "the basis of the temperature gradient" in lines 8-9. There is insufficient antecedent basis for this limitation in the claim.
Claim 1 recites the limitation "the placement surface of the temperature gradient" in lines 11-12. There is insufficient antecedent basis for this limitation in the claim.
Claim 1 recites the limitation "the placement surface of the temperature gradient" in line 14. There is insufficient antecedent basis for this limitation in the claim.
Claim 2 is insolubly ambiguous as to the required structure. Specifically, it’s unclear what the conductive connects the first thermoelectric conversion device to in series. Is it the second thermoelectric conversion device? Is it that the conductor connects the thermoelectric conversion elements of the device in series? Clarification is needed.
Claim 4 requires the thermoelectric conversion devices include a meander structure. The term meander is typically characterized as random or aimless. It’s not clear how this characterization should be applied to the structure, which clearly is pre-set to manufacture the system. Appropriate clarification is required.
Claim 6 is unclear. Claim 6 requires that the thermoelectric conversion elements include a magnetic material having a magnetic structure having at least one of a first magnetic structure and a second magnetic structure. Claim 6 also requires the first and second magnetic structures have a specific domain ratio in the first and second thermoelectric devices thermoelectric elements, which would require that both materials be present. These two requirements contradict one another and render the claim insolubly ambiguous.
Claim 14 recites the limitation "the thermoelectromotive force of the at least one first thermoelectric conversion device" in lines 4-5. There is insufficient antecedent basis for this limitation in the claim.
Claim 14 recites the limitation "the thermoelectromotive force of the at least one second thermoelectric conversion device" in lines 5-6. There is insufficient antecedent basis for this limitation in the claim.
Claim 1, from which claim 14 depends, requires a single thermoelectromotive force whereas claim 14 seems to require a thermoelectromotive force for each device, which lacks proper antecedent basis.
Claim 19 recites the limitation "the basis of the temperature gradient" in lines 9-10. There is insufficient antecedent basis for this limitation in the claim.
Claim 19 is directed toward a method for producing a measuring system comprising first and second thermoelectric conversion devices disposed on the substrate. Claim 19 also requires a component perpendicular to the placement surface of the temperature gradient and a component parallel to the placement surface of the temperature gradient. The nature of these components is insolubly ambiguous as to what they require and how they are defined.
Therefore, the claims are indefinite because their scope is unascertainable to one ordinarily skilled in the art. Claims 2-18 and 20 are also rejected due to their dependency on claims 1 and 19, respectively.
(3)
Allowable Subject Matter
Claims 1 and 19 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
Claims 2-18 and 20 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include 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:
Hiroyama et al. (U.S. Publication No. 2011/0284523) teaches a thermoelectric conversion module (measuring system) and a method of making the same comprising at least one substrate (2 or 7), wherein the substrate includes a placement surface and is configured to exchange heat with an object to be measured. Figure 1 and Paragraph 40.
The measuring system further comprises first and second thermoelectric conversion devices (p-type and n-type thermoelectric conversion elements, 10), each of which are disposed on the substrate such that a temperature gradient is generated due to exchange of heat with the object to be measured through the placement surface and configured to generate a thermoelectromotive force on the basis of the temperature gradient. Figure 1 and Paragraphs 8-11 and 38-41.
Hiroyama fails to teach or fairly suggest the thermoelectromotive force includes a first electromotive force generated by a first thermoelectric conversion effect based on a component perpendicular to the placement surface of the temperature gradient and a second electromotive force generated by a second thermoelectric conversion effect based on an in-plane component parallel to the placement surface of the temperature gradient, as required by claims 1 and 19.
Additionally, Kimura et al. (JP 2008-091442 A), which is cited in Applicant’s information disclosure statement, teaches a measuring system comprising at least one substrate and first and second thermoelectric conversion devices on the substrate via a placement surface, wherein a temperature gradient is generated by exchange of heat with an object to be heated through the placement surface and the devices are configured to generate a thermoelectromotive force on the basis of the temperature gradient. Figures 5(a) and 5(b).
Kimura fails to teach or fairly suggest the thermoelectromotive force includes a first electromotive force generated by a first thermoelectric conversion effect based on a component perpendicular to the placement surface of the temperature gradient and a second electromotive force generated by a second thermoelectric conversion effect based on an in-plane component parallel to the placement surface of the temperature gradient, as required by claims 1 and 19.
(4)
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ELI S MEKHLIN whose telephone number is (571)270-7597. The examiner can normally be reached Monday-Friday 7:00 am to 5:00 pm EST.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Curtis Mayes can be reached at 571-272-1234. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/ELI S MEKHLIN/Primary Examiner, Art Unit 1759
