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 1-5 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 pre-AIA the applicant regards as the invention.
Lines 8-10 of claim 1 state, “the second flow path is formed in a position closer to the dielectric substrate than a position of the first flow path when viewed from a direction perpendicular to a direction in which the placement surface extends.” This limitation is viewed to be vague and indefinite, because it is unclear if Applicant is comparing the position of the second flow path to a respective position of each of the dielectric substrate and the first flow path, or if instead, Applicant is comparing the respective position of each of the first flow path and the second flow path to the position of the dielectric substrate. If it is the former, it is unclear as to how or in what way, when viewed from a direction perpendicular to a direction in which the placement surface extends, that the second flow path is formed in a position closer to the dielectric substrate than the first flow path. As can be seen in Figure 1 of Applicant’s drawings, the second flow path (420) appears to have no gap between it (420) and the first flow path (410), whereas the second flow path (420) is separated (in a direction perpendicular to a direction in which the placement surface extends) from the dielectric substrate (150) at least by, for example, the joining layer (300) and an upper portion of the second member (202).
Lines 11-12 of claim 1 state, “the base plate includes a first member and a second member joined to the first member and located closer to the dielectric substrate than the first member.” This limitation is viewed to be vague and indefinite, because it is unclear if Applicant is setting forth that the second member is located closer to the dielectric substrate than it is located to the first member, or if instead, Applicant is comparing the respective location of each of the first member and the second member to the dielectric substrate and the second member is located closer to the dielectric substrate than is the first member. If it is the former, it is unclear as to how or in what way that the second member is located closer to the dielectric substrate than it is located to the first member. This is because the second member (202) and the first member (201) seemingly directly interface, whereas the second member (202) is separated (for example, in the direction perpendicular to a direction in which the placement surface extends) from the dielectric layer (150) at least by the joining layer (300).
Lines 13-15 of claim 1 state, “the first flow path is in the first member, and is formed by a groove extending in a surface of the first member facing the second member and by a surface of the second member facing the first member.” This limitation is viewed to be vague and indefinite, because it is unclear as to how the first flow path is formed (at least in part) by “a surface of the second member facing the first member.” This is because according to paragraph [0050] of the specification filed on 5/20/2025, “As illustrated in FIG. 1 and FIG. 3, the first flow path 410 according to the present embodiment is entirely formed in the first member 201” (emphasis added). If, as is disclosed, the first flow path is “entirely formed in the first member 201,” how is that the first flow path is also formed “by a surface of the second member facing the first member” as is claimed?
Lines 16-18 of claim 1 state, “the second flow path is in the second member, and is formed by a groove extending in the surface of the second member facing the first member and by the surface of the first member facing the second member.” This limitation is viewed to be vague and indefinite, because it is unclear as to how the second flow path is formed (at least in part) by “the surface of the first member facing the second member.” This is because according to paragraph [0051] of the specification filed on 5/20/2025, “The second flow path 420 according to the present embodiment is entirely formed in the second member 202.” (emphasis added). If, as is disclosed, the second flow path is “entirely formed in the second member 202,” how is that the second flow path is also formed “by the surface of the first member facing the second member” as is claimed?
Lines 2-5 of claim 2 state, “when viewed from the direction perpendicular to the direction in which the placement surface extends, the second flow path is formed in a position closer to an outer circumferential side than a position of the first flow path.” This limitation is viewed to be vague and indefinite, because it is unclear if Applicant is comparing the position of the second flow path to a respective position of each of the outer circumferential side and the first flow path, or if instead, Applicant is comparing the respective position of each of the first flow path and the second flow path to the position of the outer circumferential side.
Line 5 of claim 2 states, “a position of the first flow path.” This limitation is viewed to be vague and indefinite, because it is unclear if “a position of the first flow path” of claim 2 is a same position or is instead a different position than the previously set forth, “a position of the first flow path” of line 8 of claim 1.
Claim Rejections - 35 USC § 112
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 1-5 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.
Lines 13-15 of claim 1 state, “the first flow path is in the first member, and is formed by a groove extending in a surface of the first member facing the second member and by a surface of the second member facing the first member.”
Regarding the specification as filed by Applicant on 5/20/2025, it discloses the following:
[0050] As illustrated in FIG. 1 and FIG. 3, the first flow path 410 according to the present embodiment is entirely formed in the first member 201. The first flow path 410 is a groove which has been formed in advance in the surface 211 on the second member 202 side in the first member 201 before the first member 201 and the second member 202 are joined. The surface 211 is a surface serving as the joint boundary B after the joining. In the part corresponding to the connection flow path 415, the groove in the surface 211 described above is formed so as to be gradually shallower as the flow path farther goes from the first flow path 410 side to the second flow path 420 side.
As can be seen in the above excerpt, “the first flow path 410 according to the present embodiment is entirely formed in the first member 201” (emphasis added). If as is disclosed that the first flow path (410) is formed entirely formed in the first member (201), then it would appear that the specification contradicts lines 13-15 of claim 1 in which it is set forth that the first flow path (410) is “formed by a groove extending in a surface of the first member facing the second member and by a surface of the second member facing the first member.” The first flow path (410) cannot be “entirely formed in the first member 201” as is disclosed within the specification filed on 5/20/2025, but at the same, also be formed by “a surface of the second member facing the first member” as is claimed in lines 13-15.
Next, with respect to the drawings filed on 5/20/2025, it can be seen in at least Figure 1 that the first flow path (410) is entirely formed in the first member (201). More specifically, it can be seen in Figure 1 that the first flow path (410) is entirely formed in the first member (201) and is embodied as a groove within the surface of the first member (201) that faces, for example, the second member (202). With regards to the claimed “surface of the second member facing the first member,” this surface is shown in at least Figure 1 of the drawings as being the joint boundary (B) that covers the first flow path (410) but is not in fact part of said first flow path (410).
Since neither the specification nor the drawings are in agreement with the claimed subject matter, it cannot be reasonably conveyed to one skilled in the relevant art that the inventor or a joint inventor, or for pre-AJA the inventor(s), at the time the application was filed, had possession of the claimed invention.
Lines 16-18 of claim 1 state, “the second flow path is in the second member, and is formed by a groove extending in the surface of the second member facing the first member and by the surface of the first member facing the second member.”
Regarding the specification as filed by Applicant on 5/20/2025, it discloses the following:
[0051] The second flow path 420 according to the present embodiment is entirely formed in the second member 202. The second flow path 420 is a groove which has been formed in advance in the surface 212 on the first member 201 side in the second member 202 before the first member 201 and the second member 202 are joined. The surface 212 is a surface serving as the joint boundary B after the joining. In the part corresponding to the connection flow path 415, the groove in the surface 212 described above is formed so as to be gradually deeper as the flow path farther goes from the first flow path 410 side to the second flow path 420 side.
As can be seen in the above excerpt, “The second flow path 420 according to the present embodiment is entirely formed in the second member 202” (emphasis added). If as is disclosed that the second flow path (420) is formed entirely formed in the second member (202), then it would appear that the specification contradicts lines 16-18 of claim 1 in which it is set forth that the second flow path (420) is “formed by a groove extending in the surface of the second member facing the first member and by the surface of the first member facing the second member.” The second flow path (420) cannot be “entirely formed in the second member 202” as is disclosed within the specification filed on 5/20/2025, but at the same, also be formed by “a surface of the first member facing the second member” as is claimed in lines 16-18.
Next, with respect to the drawings filed on 5/20/2025, it can be seen in at least Figure 1 that the second flow path (420) is entirely formed in the second member (202). More specifically, it can be seen in Figure 1 that the second flow path (420) is entirely formed in the second member (202) and is embodied as a groove within the surface of the second member (202) that faces, for example, the first member (201). With regards to the claimed “surface of the first member facing the second member,” this surface is shown in at least Figure 1 of the drawings as being the joint boundary (B) that covers the second flow path (420) but is not in fact part of said second flow path (420).
Since neither the specification nor the drawings are in agreement with the claimed subject matter, it cannot be reasonably conveyed to one skilled in the relevant art that the inventor or a joint inventor, or for pre-AJA the inventor(s), at the time the application was filed, had possession of the claimed invention.
Response to Arguments
Applicant’s arguments submitted on 12/9/2025 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. Please be advised that all of the rejections of the current rejection are made under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph or under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph. Since all of these rejections are being made in response to the amendments filed on 12/9/2025, none of Applicant’s arguments submitted on 12/9/2025 apply.
Examiner’s Comment
A thorough search has been conducted re: the invention/claims. That being said, though no art rejections are considered to presently apply to claims 1-5. Examiner notes that no indication regarding the allowability of the subject matter of claims 1-5 with respect to the prior art is being made at this time due to the rejection(s) thereof based on 35 U.S.C. 112(a) or pre-AIA 35 U.S.C. 112, first paragraph, particularly given that it is unclear what changes to the claims might be necessary to overcome the above-described issue(s) with respect to 35 U.S.C. 112(a) or pre-AIA 35 U.S.C. 112, first paragraph.
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 Michael Vitale whose telephone number is (571)270-5098. The examiner can normally be reached Monday - Friday 8:30 AM- 6:00 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Sunil K Singh can be reached at (571) 272-4502. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MICHAEL VITALE/Examiner, Art Unit 3722
/SUNIL K SINGH/Supervisory Patent Examiner, Art Unit 3722