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
2. 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.
Claim 1-13 and 24-25 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.
Applicant has amended claims 1 and 9 to include a step of “forming, based at least in part on the mixing and the heating, a second wicking structure” and “cooling, based at least in part on the mixing and the heating, the first and second materials”, respectively. From a review of the specification, there appears to be no disclosure of the newly recited limitations. The newly recited limitations are therefore considered new matter not supported in the original disclosure as filed.
Claims 2-8, 10-13, and 24-25 are rejected as a result of being dependent on a rejected claim.
Claim Rejections - 35 USC § 103
4. 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.
5. Claim(s) 1-13 and 24-25 is/are rejected, under 35 U.S.C. 103 as being unpatentable over Pilon et al. (WO 2009/049397) in view of Lancaster-Larocque et al. (US 2015/0246394), Hong et al. (US 2006/0198753) and Morrissette et al. (US 8,383,024).
6. Regarding to Claim 1, Pilon et al. discloses a method of manufacturing a heat pipe (heat pipe 10, as can be seen from Figure 1 in Pilon), the method comprising: forming a first wicking structure (a first layer of layers of mixtures forming porous wick as described on page 37 lines 10-16) over a first portion of an inner surface (a first portion of an inner surface of 10, as can be seen from Figure 1 in Pilon et al.) of the heat pipe;
mixing and heating the first material and a second material (a step of combining and heating/curing a first material including a binding agent having a melting/decomposition temperature used to form a second layer of layers of mixtures forming an open cell porous body, as described on page 8 lines 1-10 and page 37 lines 10-16 in Pilon et al. and a second material including inorganic particles having a first melting temperature used to form a second layer of layers of mixtures forming an open cell porous body, as described on page 8 line 1-6 and page 37 lines 10-16 in Pilon et al.) at a target temperature above a first melting temperature of the first material (a melting/decomposition temperature of binding agent) [as described on page 8 lines 15-18, the solid continuous mixture is heated at the decomposition temperature to decompose cleanly the binding agent] and below a second melting temperature of the second material [as described on page 8 lines 1-31]; and
forming a second wicking structure (a second layer of layers of mixtures forming open cell porous body, as described on page 8 lines 1-30 and page 37 lines 10-16 in Pilon et al.) by cooling the first and second materials below the first melting temperature [after heating, the mixture cools off to form the solidified porous structure, as described on page 8 line 21-22 in Pilon et al.], wherein the first material forms a coating (Note that the first material covers the second material and is therefore interpreted as “coating” discrete particles of the second material) around discrete particles of the second material (second material including inorganic particles having a first melting temperature used to form a second layer of layers of mixtures forming an open cell porous body) [note that the first material covers the second material and is therefore interpreted as coating discrete particles of the second material], the second material being bonded together by the coating of the first material (first material including a binding agent) and pores (pores of open cell porous body, as described on page 8 lines 1-31) are formed between the discrete particles of the second material [as described on page 8 lines 1-31 and can be seen from Figure 1 in Pilon et al.] , the second wicking structure (second layer of layers of mixtures forming open cell porous body) being formed over the first wicking structure (first layer of layers of mixtures forming porous wick as described on page 37 lines 10-16), and over a second portion (a second portion of inner surface of 10) of the inner surface (an inner surface of 10, as can be seen from Figure 1 in Pilon et al.).
Pilon et al. discloses a first material comprising a metal material [page 17 lines 20- page 18 line 10 and page 33 lines page 33 lines 24- page 34 line 31, claim 122, and claim 157] and a step of heating the solid continuous mixture at the decomposition temperature to decompose the binding agent, however does not explicitly disclose heating at a temperature “above” a melting temperature of the first material being the metal.
However, Lancaster-Larocque et al. discloses a method of heating a first material (sacrificial body) to a temperature greater than the melting temperature of the first material (sacrificial body) but less than a melting temperature of a second material (layer of materials) in order to melt the first material and not the second material [as described in paragraph 0096 in Lancaster-Larocque et al.].
Morrissette et al. also discloses a method including mixing a first material with a second material to form a mixture, the first material having a melting point which is lower than that of the second material and heating the mixture to a temperature between a melting point of the first material and a melting point of the second material [as described in the abstract of Morrissette et al.].
Hong et al. also discloses the use of a group of powders, including metal and ceramic powders of various sizes having various melting temperature, which would include the instance of having a first material being a metal having a first melting temperature below a second melting temperature of a second material [as described in paragraph 0017, paragraph 0019, and claim 2 in Hong et al.].
Furthermore, a process called Liquid Phase Sintering, is a well-known technique where two or more powders of different compositions are mixed, one having a lower melting point than the other, so that the powder with the lower melting point forms a liquid phase, which then bonds with the solid particles of the powder having a higher melting point.
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include a step of heating at a temperature above the first material being a metal material, as a known technique used in manufacturing, which would yield predictable results.
However, the combination of Pilon et al., Lancaster-Larocque et al., Hong et al., and Morrissette et al. does not explicitly disclose a step of forming, based at least in part on the mixing and the heating, a second wicking structure by cooling. However, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to perform a step of forming based on another manufacturing step, such as a step of mixing and/or heating, as a known technique used in manufacturing, which would yield predictable results.
7. Regarding to Claim 9, Pilon et al. discloses a method of forming a porous structure (open cell porous body, as described on page 8 lines 1-3 in Pilon et al.), the method comprising: mixing and heating a first material (a binding agent material having a melting/decomposition temperature, as described on page 8 lines 8-10 in Pilon et al.) and a second material (inorganic particles having a first melting temperature, as described on page 8 line 5-6 in Pilon et al.) above a first melting temperature of the first material (a melting/decomposition temperature of binding agent) [as described on page 8 lines 15-18, the solid continuous mixture is heated at the decomposition temperature to decompose cleanly the binding agent] and below a second melting temperature of the second material [as described on page 8 lines 1-31]; applying the first material and a second material onto a portion of a first wicking structure (a first layer of layers of mixtures forming porous wick as described on page 37 lines 10-16) comprised of a third material (material of the first layer, as described on page 37 lines 10-16), and
cooling the first and second materials below the first melting temperature [after heating, the mixture cools off to form the solidified porous structure, as described on page 8 line 21-22 in Pilon et al.], wherein the first material forms a coating (Note that the first material covers the second material and is therefore interpreted as “coating” discrete particles of the second material) around discrete particles of the second material (second material including inorganic particles having a first melting temperature used to form a second layer of layers of mixtures forming an open cell porous body) [note that the first material covers the second material and is therefore interpreted as coating discrete particles of the second material], the second material being bonded together by the coating of the first material (first material including a binding agent) and forming a porous material of a second wicking structure (a second layer of layers of mixtures forming open cell porous body, as described on page 8 lines 1-30 and page 37 lines 10-16 in Pilon et al.) over the portion of the first wicking structure (first layer of layers of mixtures forming porous wick as described on page 37 lines 10-16).
Pilon et al. discloses a first material comprising a metal material [page 17 lines 20- page 18 line 10 and page 33 lines page 33 lines 24- page 34 line 31, claim 122, and claim 157] and a step of heating the solid continuous mixture at the decomposition temperature to decompose the binding agent, however does not explicitly disclose heating at a temperature “above” a melting temperature of the first material being the metal.
However, Lancaster-Larocque et al. discloses a method of heating a first material (sacrificial body) to a temperature greater than the melting temperature of the first material (sacrificial body) but less than a melting temperature of a second material (layer of materials) in order to melt the first material and not the second material [as described in paragraph 0096 in Lancaster-Larocque et al.].
Morrissette et al. also discloses a method including mixing a first material with a second material to form a mixture, the first material having a melting point which is lower than that of the second material and heating the mixture to a temperature between a melting point of the first material and a melting point of the second material [as described in the abstract of Morrissette et al.].
Hong et al. also discloses the use of a group of powders, including metal and ceramic powders of various sizes having various melting temperature, which would include the instance of having a first material being a metal having a first melting temperature below a second melting temperature of a second material [as described in paragraph 0017, paragraph 0019, and claim 2 in Hong et al.].
Furthermore, a process called Liquid Phase Sintering, is a well-known technique where two or more powders of different compositions are mixed, one having a lower melting point than the other, so that the powder with the lower melting point forms a liquid phase, which then bonds with the solid particles of the powder having a higher melting point.
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include a step of heating at a temperature above the first material being a metal material, as a known technique used in manufacturing, which would yield predictable results.
However, the combination of Pilon et al., Lancaster-Larocque et al., Hong et al., and Morrissette et al. does not explicitly disclose a step of cooling, based at least in part on the mixing and the heating, the first and second materials. However, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to perform a step of cooling based on another manufacturing step, such as a step of mixing and/or heating, as a known technique used in manufacturing, which would yield predictable results.
8. Regarding to Claim 2, the combination of Pilon et al., Lancaster-Larocque et al., Hong et al. and Morrissette et al. discloses the method of claim 1 wherein the cooling forms a monolithic structure [as can be seen from Figures 1 and 9 in Pilon] from the first wicking structure (first layer of layers of mixtures forming porous wick as described on page 37 lines 10-16) together with the second wicking structure (second layer of layers of mixtures forming open cell porous body, as described on page 8 lines 1-30 and page 37 lines 10-16 in Pilon et al.) [as can be seen from Figures 1 and 9 in Pilon].
9. Regarding to claims 3 and 13, the combination of Pilon et al., Lancaster-Larocque et al., Hong et al. and Morrissette et al. discloses the method of claim 1 and 9 however does not explicitly disclose the steps of forming the first wicking structure includes forming the first wicking structure via a laser metal wire printing process or heating by directing a laser toward the mixture of the first material and the second material. However, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed inventing to include a laser metal wire printing process and heating by directing a laser towards a first and second material, as a known technique used for manufacturing which would yield predictable results.
10. Regarding to Claim 4 and 11, the combination of Pilon et al., Lancaster-Larocque et al., Hong et al. and Morrissette et al. discloses the method of claim 1 and 9 wherein mixing includes mixing a powder of the first material, including the particles, and the discrete particles of the second material prior to cooling [as described on page 8 lines 1-30, page 44 lines 4-12 and page 34 lines 7-31 in Pilon et al.].
11. Regarding to Claims 5 and 12, the combination of Pilon et al., Lancaster-Larocque et al., Hong et al. and Morrissette et al. discloses the method of claim 1 and 9 wherein prior to cooling, mixing a powder of the first material (first material including a binding agent having a melting/decomposition temperature, as described on page 8 lines 1-10 and page 37 lines 10-16 in Pilon et al.) and a powder including discrete particles of the second material (second material including inorganic particles having a first melting temperature, as described on page 8 line 1-6 and page 37 lines 10-16 in Pilon et al.), wherein individual ones of the discrete particles of the second material are coated with the first material [as described on page 8 lines 1-30 and page 33 lines 24- page 34 line 5, claim 116, claim 119, claim 151, and claim 154 in Pilon et al. Also, note that the first and second materials are mixed together so the first/second material is therefore interpreted as being coated with the first/second material].
12. Regarding to claims 6, 7 and 10, the combination of Pilon et al., Lancaster-Larocque et al., Hong et al. and Morrissette et al. discloses the method of claim 1 and 9, having a step of cooling a first material and second material which can be made out of various materials [page 17 lines 20- page 18 line 10 and page 33 lines page 33 lines 24- page 34 line 31, claim 122, and claim 157. Note that Pilon et al. also discloses that binder residuals are accepted if they improve some of the properties on page 34 line 29-31 in Pilon et al. Also, note that the prior art of record is also interpreted as “cooling” naturally after heating]. However, the combination of Pilon et al., Lancaster-Larocque et al., Hong et al. and Morrissette et al. does not explicitly disclose a step of cooling the first material, cooling the first material includes molybdenum, and cooling a ceramic as the second material. However, it would have been obvious to one of ordinary skill in the art to modify the first material and the second material to include the first material being a metallic material, the first material includes molybdenum, and the second material being a ceramic material, which are cooled and a step of mixing a metallic material as the first material and a ceramic material as the second material, as well known materials and techniques used for manufacturing to obtain desired mechanical and thermal properties.
13. Regarding to claim 8, the combination of Pilon et al., Lancaster-Larocque et al., Hong et al. and Morrissette et al. discloses the method of claim 1 wherein the forming includes forming at least one flow channel (channel formed by a circumference of first layer of layers, as can be seen from Figure 1-2 in Pilon) defined by a third material (third material forming a first layer of layers of mixtures of porous wick, page 37 lines 10-16 ) used to form the first wicking structure (first layer of layers of mixtures forming porous wick as described on as page 2 lines 7-13 and page 37 lines 10-16 in Pilon et al.).
14. Regarding to claim 24, the combination of Pilon et al., Lancaster-Larocque et al., Hong et al. and Morrissette et al. discloses the method of claim 1, having a first wicking structure (first layer of layers of mixtures forming porous wick in Pilon et al.) and a second wicking structure (a second layer of layers of mixtures forming open cell porous body in Pilon et al.) having variable composition and a pore size distribution [as described on page 37 lines 10-16]. However, the combination of Pilon et al., Lancaster-Larocque et al., Hong et al. and Morrissette et al. does not explicitly disclose the second wicking structure having a finer porosity than the first wicking structure. However, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the second wicking structure to include having a finer porosity, as an obvious to try composition to obtain desired material properties, with a reasonable expectation of success and which would yield predictable results.
15. Regarding to claim 25, the combination of Pilon et al., Lancaster-Larocque et al., Hong et al. and Morrissette et al. discloses the method of claim 1, wherein the first wicking structure (first layer of layers of mixtures forming porous wick in Pilon et al.) is configured for a higher throughput of flow of a working fluid than the second wicking structure [as can be seen from Figure 1 in Pilon. Note that the apparatus disclosed by Pilon is capable and configured to be used with a working fluid in the recited manner].
Response to Arguments
16. Applicant's arguments filed 12/17/25 have been fully considered but they are not persuasive.
Applicant argues the prior art of Pilon teaches away from the Office’s suggested combination because the binding agent from Pilon must be a material that decomposed cleanly in order to obtain a porous body. Since metal cannot cleanly decompose, Pilon teaches away from the Office’s suggestion to combine the binding agent from Pilon with metal. However, this is not found to be persuasive. Pilon discloses “some residuals can be accepted if they have no impact on the final product or if they improve some of its properties” [page 34 lines 29-31 in Pilon]. It is therefore not necessary to be “decomposed cleanly”, as argued by applicant. It is well known to have a first material being a metal which forms a coating on a second material, as rejected above.
Conclusion
Additional prior art made of record and not relied upon is considered pertinent to applicant's disclosure includes Rosenfeld et al. (US 2005/0022975), which discloses a first material (brazing compound 30) made from a metal material (copper/gold braze, paragraph 0039) bonded with a second material (metal particle 27).
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.
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/NIRVANA DEONAUTH/Primary Examiner, Art Unit 3726
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