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 .
Status of Claims
Claim(s) 1-19 are currently pending.
Claim(s) 3, 5, 15 and 17 have been withdrawn.
Election/Restrictions
Applicant’s election of Species A (claims 1, 2, 4, 6-14, 16, and 18-19) in the reply filed on 06/03/2026 is acknowledged. Because applicant did not distinctly and specifically point out the supposed errors in the restriction requirement, the election has been treated as an election without traverse (MPEP § 818.01(a)).
Claim Objections
Claim 9 is objected to because of the following informalities: For proper form, it is suggested that the term “separatable” be replaced with “separable”. Appropriate correction is required.
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, 2, 4, 6-14, 16, and 18-19 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.
Regarding claim 1
The limitation “when the second thermoelectric stack is stacked on the surface opposite to the surface on which the thermoelectric material layer is to be stacked, the insulation region that electrically insulates the thermoelectric material layer from a thermoelectric material layer of the second thermoelectric stack and the electrode region that electrically connects the thermoelectric material layer to the thermoelectric material layer of the second thermoelectric stack” is unclear and therefore renders the claim indefinite.
It is not clear on what constitutes “the surface opposite to the surface on which the thermoelectric material layer is stacked.” From inspection of the instant specification, it appears the thermoelectric material later is stacked on the isolation layer, where the second thermoelectric stack is stacked on an opposite surface of said isolation layer. However, it is not proper to import limitations from the specification into the claims. Such conclusion is merely conjecture unless clearly defined in the claim.
Appropriate correction and clarification is required.
The recitation “the insulation region that electrically insulates the thermoelectric material layer from a thermoelectric material layer of the second thermoelectric stack and the electrode region that electrically connects the thermoelectric material layer to the thermoelectric material layer of the second thermoelectric stack” is unclear and therefore renders the claim indefinite” is also unclear as it appears incomplete. It seems the word “that” between “the insulation region” and “electrically insulates” should be removed.
Appropriate correction and clarification is required.
Regarding claims 2, 4 and 8-13
Claims 2, 4 and 7-13 are rejected for their dependency on claim 1.
Regarding claim 6
Claim 6 is rejected for its dependency on claim 1.
Furthermore, the limitation “wherein the isolation layer is a first isolation layer, the insulation region is a first insulation region, and the electrode region is a first electrode region, the thermoelectric stack has a second isolation layer stacked on the second surface, and the second isolation layer comprises, when a second thermoelectric stack is stacked due to the magnetic force of the magnetization component on the surface opposite to the surface on which the thermoelectric material layer is to be stacked, a second insulation region that electrically insulates the thermoelectric material layer from a thermoelectric material layer of the second thermoelectric stack and a second electrode region that electrically connects the thermoelectric material layer to a thermoelectric material layer of the second thermoelectric stack,” is unclear and therefore renders the claim indefinite.
It is not clear how a second isolation layer electrically insulates the thermoelectric material layer from a thermoelectric material layer of the second thermoelectric stack and how a second electrode region electrically connects the thermoelectric material layer to a thermoelectric material layer of the second thermoelectric stack since claim 1, from which claim 6 depends, requires the isolation layer, which according to claim 6 is a first isolation layer, to electrically insulate the thermoelectric material layer from the thermoelectric material layer of the second thermoelectric stack and further requires the electrode region (corresponding to a first electrode region in the instant claim) to electrically connects the thermoelectric material layer to the thermoelectric material layer of the second thermoelectric stack. Further, it is not clear how the second isolating region is stacked on a second surface of the thermoelectric material layer because the second thermoelectric stack is placed on a surface of the isolation layer i.e., the first isolation layer, opposite to that where the first thermoelectric stack is placed, said first isolation layer placed on a first surface.
One of ordinary skill in the art cannot reasonably ascertain which of the first or second insulation and electrode regions insulate and electrically connect the thermoelectric material layer and that of the second thermoelectric stack. Further, the stacked structure is not clear to one of ordinary skill in the art. Accordingly, the meets and bounds of the claim cannot be determined.
Appropriate correction and clarification is required.
Regarding claim 7
Claim 7 is rejected at least for its dependency on claims 1 and 6.
Regarding claim 14
The limitation “an electrode region that conducts the first and second thermoelectric material layers together, and the electrode regions in contact with both surfaces of the first and second thermoelectric material layers are arranged at positions spaced apart from each other in a direction perpendicular to both the stacking direction of the thermoelectric material layers and the direction in which a temperature gradient is applied” is unclear and therefore renders the claim indefinite. It is not clear what the limitation “that conducts the first and second thermoelectric material layers together” encompasses. For purposes of examination on the merits, the limitation will be read as “that connects the first and second thermoelectric material layers together.”
Furthermore, while the claim initially recites “an electrode region,” there is no prior recitation of “electrode regions”. Accordingly, the limitation lacks antecedent basis.
Appropriate correction and clarification is required.
Regarding claims 16 and 18-19
Claims 16 and 18-19 are rejected for their dependency on claim 14.
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, 6 and 7 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by JP 2022061662 A, YAKUSHIJI et al. (hereinafter “YAKUSHIJI”).
Regarding claim 1
YAKUSHIJI teaches a thermoelectric stack (corresponding to stack noted as “A” in Fig. 1 below, comprising thermoelectric body 111 and adjacent electrode plate 12) comprising a thermoelectric material layer (corresponding to thermoelectric elements 111) having a first surface and a second surface opposite each other and an isolation layer (corresponding to bottom insulating layer 12b and adjacent connection terminal 13) stacked on the first surface of the thermoelectric material layer (111) [Fig. 1, paras. 0013 and 0021], wherein
the thermoelectric material layer (111) has a magnetization component perpendicular to the first surface and the second surface (magnetization M is in the y direction) [Fig. 1 and para. 0015]; and
the isolation layer (12b and 13) comprises an insulation region (corresponding to layer 12b) and an electrode region (corresponding to connection terminals 13) [Fig. 1, paras. 0021 and 0023], each of which is in close contact with the thermoelectric material layer (111) and a thermoelectric material layer (112) of a second thermoelectric stack (corresponding to stack noted as “B” in Fig. 1 below, comprising thermoelectric body 112 and a further electrode plate 12), and
when the second thermoelectric stack (B) is stacked on the surface opposite to the surface on which the thermoelectric material layer (111) is to be stacked [Fig. 1], the insulation region (12b) that electrically insulates the thermoelectric material layer (111) from a thermoelectric material layer (112) of the second thermoelectric stack (B) and the electrode region (13) that electrically connects the thermoelectric material layer (111) to the thermoelectric material layer (112) of the second thermoelectric stack (B) [Fig. 1].
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Fig. 1
Regarding claim 2
YAKUSHIJI teaches the thermoelectric stack as set forth above, wherein the electrode region (13) is made of a material different from that of the thermoelectric material layer (111) and that of the thermoelectric material layer (112) of the other thermoelectric stack (B) (connection terminal 13 comprises indium, while the thermoelectric material layers 11 comprise, for example, FeGa, FeAl, FeGaB or FeGaTa) [Fig. 1, paras. 0019-0020 and 0023], and contacts the two thermoelectric material layers (111 and 112) [Fig. 1].
Examiner notes that direct contact between the layers is not required. All of the layers within the stack are in contact (e.g., thermal) with each other. Further, a “region” may include more than one layer. Accordingly, as the isolation layer (12) comprises two connection terminals (13) in contact with the thermoelectric material layers (111 and 112), the limitations of the claim are met.
Regarding claim 4
YAKUSHIJI teaches the thermoelectric stack as set forth above, wherein the electrode region (13) of the isolation layer (12) is interposed between the thermoelectric material layer (111) and the thermoelectric material layer (112) of the second thermoelectric stack (B) when the second thermoelectric stack (B) is stacked on the surface opposite the surface on which the thermoelectric material layer (111) is stacked (see opposite surface of electrode plater 12) [Fig. 1].
Regarding claim 6
YAKUSHIJI teaches the thermoelectric stack as set forth above, wherein the isolation layer (12b) is a first isolation layer (bottom insulating layer 12b of electrode 12b), the insulation region (region comprising bottom insulating layer 12b) is a first insulating region, and the electrode region (region comprising connection terminal 13 adjacent to bottom insulating layer 12b) is a first electrode region [Fig. 1 and para. 0021],
the thermoelectric stack (A) has a second isolation layer (corresponding to upper insulating layer 12b, contact stack “B”) [Fig. 1 and para. 0021], and the second isolation layer (upper insulating layer 12b) comprises, when a second thermoelectric stack (B) is stacked due to the magnetic force of the magnetization component on the surface opposite to the surface on which the thermoelectric material layer is to be stacked (a magnet increases magnetization between the individual thermocouples 11) [para. 0018], a second insulation region that electrically insulates the thermoelectric material layer (111) from a thermoelectric material layer (112) of the second thermoelectric stack (B) and a second electrode region (13) that electrically connects the thermoelectric material layer (111) to a thermoelectric material layer (112) of the second thermoelectric stack (B) [Fig. 1, paras. 0018 and 0021-0023].
Regarding claim 7
YAKUSHIJI teaches the thermoelectric stack as set forth above, wherein the first electrode region (13) and the second electrode region (13) are positioned apart from each other in the plane of the first and second surfaces when the first and second surfaces are viewed in plan view [Fig. 1].
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Claim(s) 14 and 16 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 2020/0212282 A1, Nakatsuji.
Regarding claim 14
Nakatsuji teaches a thermoelectric device (20) [Fig. 13 and para. 0063] in which one or more first thermoelectric material layers (24) having positive transverse thermoelectric power and one or more second thermoelectric material layers (25) having negative transverse thermoelectric power (the thermoelectric conversion element 24 has the Nernst coefficient which is opposite in sign to the Nernst coefficient of the thermoelectric conversion element 25) are alternately stacked with an isolation layer (corresponding to air layer/space) interposed therebetween [Fig. 13, paras. 0065-0066 and 0070], wherein the first and second thermoelectric material layers (24 and (25) have magnetization components in the same direction perpendicular to the plane in which they are stacked (thermoelectric layers 24 and 25 comprise ferromagnetic materials) [Fig. 13 below, paras. 0061 and 0068],
the isolation layer comprises an insulation region (corresponding to space provided between stacks) that electrically insulates the first and second thermoelectric material layers (24 and 25) that are in close contact with each other due to the magnetic force of the magnetization component [Fig. 13 below and paras. 0061, 0066, 0068 and 0070], and
an electrode region (corresponding to regions 24a, 24b, 25a and 25b) that connect the first and second thermoelectric material layers (24 and 25) together [Fig. 13 and para. 0067], and the electrode regions (corresponding to regions 24a, 24b, 25a and 25b) in contact with both surfaces of the first and second thermoelectric material layers (see, for example, electrode region 24a/25b of the middle stack) are arranged at positions spaced apart from each other in a direction perpendicular to both the stacking direction of the thermoelectric material layers (24 and 25) and the direction in which a temperature gradient (Q) is applied [Fig. 13 and para. 0067].
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Fig. 13
Regarding claim 16
Nakatsuji teaches the thermoelectric device as set forth above, wherein the first thermoelectric material layer (24) and the second thermoelectric material layer (25) adjacent to each other are removably stacked with the isolation layer (corresponding to space provided therebetween) interposed therebetween due to the magnetic force of the magnetization component (the plurality of thermoelectric conversion elements 24 and the plurality of thermoelectric conversion elements 25 are arranged such that magnetization M1 of the thermoelectric conversion elements 24 is oriented opposite to a direction of magnetization M2 of the thermoelectric conversion elements 25.[para. 0056].
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 8 and 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over YAKUSHIJI as applied to claims 1, 2, 4, 6, and 7 above, and further in view of US 2009/0301540 A1, Horio.
Regarding claim 8
YAKUSHIJI teaches the insulation region (12b) comprising anodized aluminum or aluminum nitride [para. 0021].
YAKUSHIJI does not teach the insulation region is adhesive.
Horio teaches a thermoelectric device comprising insulating regions (corresponding to insulating layers 32a, 32b, 36b, and 38b) made of insulating materials such as anodized aluminum, aluminum nitride, polyimide resin or epoxy resin, said insulating regions have adhesiveness [para. 0146].
YAKUSHIJI and Horio are analogous inventions in the field of thermoelectric devices comprising insulating regions. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have modified the insulating region of YAKUSHIJI to be adhesive, as disclosed in Horio, as such is one of a known finite number of identified, predictable insulating materials, one of ordinary skill in the art would have found obvious to pursue the known options with reasonable expectation of success [see MPEP 2143]. Since Horio teaches that an insulating region having adhesiveness leads to the anticipated success, said type of insulating material is not of innovation but of ordinary skill and common sense [see MPEP 2143].
Furthermore, because anodized aluminum, aluminum nitride and adhesive material resins were art-recognized equivalents at the time the invention was made, one of ordinary skill in the art would have found it obvious to substitute the anodized aluminum or aluminum nitride disclosed in YAKUSHIJI for an adhesive as disclosed in Horio [MPEP 2144.06].
Regarding claim 9
Modified YAKUSHIJI teaches the thermoelectric stack as set forth above, wherein the insulation region (12b) is separable (the insulation region has adhesiveness, and therefore is capable of being separated or removed by known techniques such as peeling, cutting, machining or etching) [Horio, para. 0146].
Claim(s) 10 and 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over YAKUSHIJI as applied to claims 1, 2, 4, 6, and 7 above.
Regarding claim 10
YAKUSHIJI teaches the thermoelectric stack as set forth above.
YAKUSHIJI does not teach the thermoelectric material layer (11) comprising two or more thermoelectric materials.
However, YAKUSHIJI teaches that the thermoelectric material may be selected from an FeAl alloy, an FeFa alloy, an FeGaB alloy or an FeGaTa alloy [paras. 0018-0020].
Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have combined two of the materials disclosed in YAKUSHIJI, both discloses to be used for the same purpose. The court has held that “It is prima facie obvious to combine two compositions each of which is taught by the prior art to be useful for the same purpose, in order to form a third composition to be used for the very same purpose.... [T]he idea of combining them flows logically from their having been individually taught in the prior art.” In re Kerkhoven, 626 F.2d 846, 850, 205 USPQ 1069, 1072 (CCPA 1980) [see MPEP §2144.06].
Regarding claim 11
YAKUSHIJI teaches the thermoelectric stack as set forth above.
YAKUSHIJI does not teach the thermoelectric material layer formed by stacking unit thermoelectric material layers of the two or more thermoelectric materials.
However, the court has held that absent a showing of criticality or unexpected results the mere duplication of the essential working parts of a device involves only routine skill in the art [MPEP 2144.04]. Therefore, it would have been obvious to one ordinarily skilled in the art at the time of the invention to make duplicate unit thermoelectric material layers of the two or more thermoelectric materials, as set forth above, thereby resulting in the claimed stack since it would require a mere duplication of essential working parts.
Claim(s) 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over YAKUSHIJI as applied to claims 1, 2, 4, 6, and 7 above, and further in view of US 2020/0212282 A1, Nakatsuji.
Regarding claim 12
YAKUSHIJI teaches a thermoelectric device (10) comprising a plurality of thermoelectric stacks according to claim 1 (corresponding to stack noted as “A” in Fig. 1 above, comprising thermoelectric body 111 and adjacent electrode plate 12), wherein the plurality of thermoelectric stacks include:
one or more first thermoelectric stacks being brought into close contact with each other due to the magnetic force of their magnetized components (a magnet increases magnetization between the individual thermocouples 11) [Fig. 1 and para. 0018], interposing their respective isolation layers (12b), and are electrically connected by electrode regions (13) of the isolation layers (12b) [Fig. 1, paras. 0021 and 0023].
YAKUSHIJI does not teach the thermoelectric material layers of the one or more first thermoelectric stacks comprising positive transverse thermoelectric power, and one or more second thermoelectric stacks, the thermoelectric material layers of which have negative transverse thermoelectric power.
Nakatsuji teaches a thermoelectric device (20) [Fig. 13 and para. 0063] in which one or more first thermoelectric material layers (24) having positive transverse thermoelectric power and one or more second thermoelectric material layers (25) having negative transverse thermoelectric power (the thermoelectric conversion element 24 has the Nernst coefficient which is opposite in sign to the Nernst coefficient of the thermoelectric conversion element 25) are alternately stacked with an isolation layer (corresponding to air layer/space) interposed therebetween [Fig. 13, paras. 0065-0066 and 0070].
The stacked structure of Nakatsuji achieving a much larger anomalous Nernst effect than ever before by using a thermoelectric conversion element made of a material whose band structure has Weyl points in the vicinity of Fermi energy [paras. 0069-0070].
YAKUSHIJI and Nakatsuji are analogous inventions in the field of thermoelectric devices utilizing the anomalous Nernst effect. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the thermoelectric device of YAKUSHIKI such that the thermoelectric material layers of the one or more first thermoelectric stacks comprises a positive transverse thermoelectric power, and one or more second thermoelectric stacks, the thermoelectric material layers of which have negative transverse thermoelectric power, as in Nakatsuji, for the purpose of achieving a larger anomalous Nernst effect.
It is noted that the above combination results in the one more thermoelectric stacks being alternately arranged.
Claim(s) 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Nakatsuji as applied to claims 14 and 16 above.
Regarding claim 19
Nakatsuji teaches the thermoelectric stack as set forth above.
Nakatsuji does not teach at least one of the first and second thermoelectric material layers being a stack comprising a plurality of thermoelectric material layers that are different from each other.
However, the court has held that absent a showing of criticality or unexpected results the mere duplication of the essential working parts of a device involves only routine skill in the art [MPEP 2144.04]. Therefore, it would have been obvious to one ordinarily skilled in the art at the time of the invention to make duplicate unit thermoelectric material layers of the two or more thermoelectric materials, as set forth above, thereby resulting in the claimed stack since it would require a mere duplication of essential working parts.
It is noted that, in the absence of any indication that the claim requires different materials, as they are two layers are separate/distinct, the limitation “that are different from each other” is met.
Allowable Subject Matter
Claims 13 and 18 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.
Regarding claims 13 and 18
The prior art of record, whether alone or in combination, fails to teach or fairly suggest the limitation “wherein the thermoelectric material of the first thermoelectric stack is a magnetic material mainly composed of at least one material selected from the group consisting of Sm-Co alloy, Co2MnGa alloy, Co2Mn (Al, Si) alloy, Co, Fe-Ga alloy, Fe-Al alloy, FePt alloy, FePd alloy, Fe3Sn2 alloy, and iron nitride (Fe4N), and the thermoelectric material of the second thermoelectric stack is a magnetic material mainly composed of at least one material selected from the group consisting of NdFeB alloy, MnGa alloy, Fe, and Co-Gd alloy,” in the contest of other limitations recited in the claims.
The prior art or record does not provide any guidance as to how to select from the list of materials discloses in para. 0020 of YAKUSHIJI or para. 0076 of Nakatsuji such that the first thermoelectric stack and the second thermoelectric stack comprise different materials as required by the claim.
Claim 18 is allowed for the same reasons as claim 13 above.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 2020/0020842 A1, ISHIDA et al. teaches thermoelectric conversion member made of a magnetic material a uniform material having magnetism such as ferromagnetism, ferrimagnetism or antiferromagnetism, and electrical conductivity, wherein the device has a magnetic body having a magnetization component in a direction intersecting a heat flux generated between the first heat transfer interface and the second heat transfer interface [paras. 0020 and 0043].
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/MAYLA GONZALEZ RAMOS/Primary Examiner, Art Unit 1721
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