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 § 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 12-13 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 12 recites the limitation “the heating element” in line 6 which is unclear and renders the claim indefinite. It is unclear whether the limitation refers to “a heat source” or something else. For examination purposes, the limitation has been interpreted as “the heat source”.
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.
Claim(s) 1-2, 4-10 and 12 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Watanabe et al. (JP20002090006A).
Regarding claim 1, Watanabe discloses a reservoir tank comprising:
a tank main body (1) configured to store a refrigerant within the tank main body (see figure 3);
an inflow path (3) configured to allow the refrigerant to flow into the tank main body (see figure 3);
an outflow path (46) configured to allow the refrigerant to flow out of the tank main body (see figure 3); and
an air bubble mixing prevention member (21 and 22) that faces an inlet (7a) of the outflow path (7) within the tank main body (see figure 3), wherein the air bubble mixing prevention member (21 and 22) is configured to prevent air bubbles from getting into the outflow path (7; paragraphs 3-4 of page 8; see figure 3),
the inflow path (3) includes a first inflow path (32) into which the refrigerant flows from outside the tank main body (1), and a second inflow path (31) connected to an outlet of the inflow path from the first inflow path (32; see figure 3),
the second inflow path (31) has a cross-sectional area larger than a cross-sectional area of the first inflow path (32; see figure 3), and
the air bubble mixing prevention member (21 and 22) includes a lid portion (21a) facing the inlet (7a) of the outflow path (7; see figure 3).
Regarding claim 2, Watanabe discloses the reservoir tank further comprising:
a collision member (the filter layer 23) that has a first surface (the upper surface) and faces the outlet (3b) of the inflow path (3) within the tank main body (1; see figure 3), wherein the collision member (23) is configured such that the refrigerant flowing out from the outlet (3b) of the inflow path (3) collides against the first surface (the upper surface) of the collision member (23; see figure 3).
Regarding claim 4, Watanabe discloses the inflow path (3) is configured such that a direction in which the refrigerant flows through the first inflow path (32) is orthogonal to a direction in which the refrigerant flows through the second inflow path (31; see figure 3).
Regarding claim 5, Watanabe discloses the outlet (3b) of the inflow path (3) and the inlet (7a) of the outflow path (7) are disposed in a first direction (the vertical direction), the outlet (3b) of the inflow path (3) is provided at a position different from a position of the inlet (7a) of the outflow path (7) in the first direction (the vertical direction; see figure 3), and the collision member (23) is disposed between the outlet (3b) of the inflow path (3) and the inlet (7a) of the outflow path (7) in the first direction (the vertical direction; see figure 3).
Regarding claim 6, Watanabe discloses the collision member (23) has a second surface (the lower surface) opposite to the first surface (the upper surface), and the collision member (23) has one or more through holes (a microporous material implies the existence of holes; paragraph 3 of page 7) through which the refrigerant moves from the first surface (the upper surface of the layer 23) toward the second surface (the lower surface of the layer 23).
Regarding claim 7, Watanabe discloses the collision member (23) and the air bubble mixing prevention member (21 and 22) are provided integrally (see figure 3).
Regarding claim 8, Watanabe discloses the first surface (the upper surface) of the collision member (23) is provided in a planar shape (see figure 3).
Regarding claim 9, Watanabe discloses the lid portion (21a) is facing the inlet (7b) of the outflow path (7; see figure 3).
Regarding claim 10, Watanabe discloses the second inflow path (31) extends from a bottom surface of the tank main body (1) to the outlet (3b) of the inflow path (3; see figure 3),
the outflow path (7) includes a first outflow path (71) into which the refrigerant flows from an inlet (7a) of the outflow path (7) which is inside the tank main body (1; see figure 3), and
a second outflow path (72) connected to the outside of the tank main body (1) from the first outflow path (71; see figure 3), and
the first outflow path (71) extends from the inlet (7a) of the outflow path (7) to the bottom surface of the tank main body (1; see figure 3).
Regarding claim 12, Watanabe discloses a cooling device comprising:
the reservoir tank (RT or 1) according to claim 1 (see rejection of claim 1 above);
a pump (CP) configured to circulate the refrigerant (see figure 4);
a heat sink (EP) configured to receive heat from a heat source (see figure 4); and
a heat exchanger (CD) configured to cool the refrigerant (see figure 4),
wherein the heating element (the outside air) is cooled by circulation of the refrigerant stored in the reservoir tank (RT 1; see figure 3).
Claim Rejections - 35 USC § 103
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.
Claim(s) 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Tawa (2020/0236809) in view of Watanabe as being applied to claim 12 above.
Regarding claim 13, Tawa discloses a projector (100) comprising the cooling device (10; paragraph [0021]; see figures 1-6).
However, Tawa fails to disclose the cooling device according to claim 12.
Watanabe teaches the cooling device of claim 12 (see rejection of claim 12 above).
It would have been obvious to one having ordinary skill in the art at the time before the effective filing date of the claim invention to modify the projector of Tawa to substitute the cooling device of Tawa with the claimed cooling device of claim 12 as taught by Watanabe in order to obtain the similar or predictable result which to provide heat dissipation for the projector (see MPEP 2143 section B).
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-9 and 12-13 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-10 of U.S. Patent No. US 12,292,218 B2. Although the claims at issue are not identical, they are not patentably distinct from each other because
Regarding claim 1, the US 12,292,218 B2 discloses a reservoir tank comprising: a tank main body configured to store a refrigerant within the tank main body; an inflow path configured to allow the refrigerant to flow into the tank main body; an outflow path configured to allow the refrigerant to flow out of the tank main body; and an air bubble mixing prevention member that faces an inlet of the outflow path within the tank main body, wherein the air bubble mixing prevention member is configured to prevent air bubbles from getting into the outflow path, the inflow path includes a first inflow path into which the refrigerant flows from outside the tank main body, and a second inflow path connected to an outlet of the inflow path from the first inflow path, the second inflow path has a cross-sectional area larger than a cross-sectional area of the first inflow path, and the air bubble mixing prevention member includes a lid portion facing the inlet of the outflow path (see claim 1 of US 12,292,218 B2).
Regarding claim 2, the US 12,292,218 B2 discloses the reservoir tank further comprising: a collision member that has a first surface and faces the outlet of the inflow path within the tank main body, wherein the collision member is configured such that the refrigerant flowing out from the outlet of the inflow path collides against the first surface of the collision member (see claim 2 of US 12,292,218 B2).
Regarding claim 3, the US 12,292,218 B2 discloses the air bubble mixing prevention member includes a wall surrounding both of the inlet of the outflow path and the lid portion, and the inlet of the outflow path is disposed within the tank main body at a position away from an inner wall of the tank main body (see claim 1 of US 12,292,218 B2).
Regarding claim 4, the US 12,292,218 B2 discloses the inflow path is configured such that a direction in which the refrigerant flows through the first inflow path is orthogonal to a direction in which the refrigerant flows through the second inflow path (see claim 4 of US 12,292,218 B2).
Regarding claim 5, the US 12,292,218 B2 discloses the outlet of the inflow path and the inlet of the outflow path are disposed in a first direction, the outlet of the inflow path is provided at a position different from a position of the inlet of the outflow path in the first direction, and the collision member is disposed between the outlet of the inflow path and the inlet of the outflow path in the first direction (see claim 5 of US 12,292,218 B2).
Regarding claim 6, the US 12,292,218 B2 discloses the collision member has a second surface opposite to the first surface, and the collision member has one or more through holes through which the refrigerant moves from the first surface toward the second surface (see claim 6 of US 12,292,218 B2).
Regarding claim 7, the US 12,292,218 B2 discloses the collision member and the air bubble mixing prevention member are provided integrally (see claim 7 of US 12,292,218 B2).
Regarding claim 8, the US 12,292,218 B2 discloses the first surface of the collision member is provided in a planar shape (see claim 8 of US 12,292,218 B2).
Regarding claim 9, the US 12,292,218 B2 discloses the lid portion is facing the inlet of the outflow path (see claim 1 of US 12,292,218 B2).
Regarding claim 12, the US 12,292,218 B2 discloses a cooling device comprising: the reservoir tank according to claim 1; a pump configured to circulate the refrigerant; a heat sink configured to receive heat from a heat source; and a heat exchanger configured to cool the refrigerant, wherein the heating element is cooled by circulation of the refrigerant stored in the reservoir tank (see claim 9 of US 12,292,218 B2).
Regarding claim 13, the US 12,292,218 B2 discloses a projector comprising the cooling device according to claim 12 (see claim 10 of US 12,292,218 B2).
Allowable Subject Matter
Claims 3 and 11 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 indication of allowable subject matter:
The best prior art Watanabe taken along or in combination fails to disclose the claimed structure details of the reservoir tank as required in claims 3 and 11. Also, the prior art of record fails to provide further teaching or motivation to modify the tank of Watanabe to arrive the claimed invention. Thus, claims 3 and 11 are allowable.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KUN KAI MA whose telephone number is (571)-270-3530. The examiner can normally be reached on Monday-Friday 9am-6pm.
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/KUN KAI MA/Primary Examiner, Art Unit 3763
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