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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 03/09/2026 has been entered.
Claim Objections
Claims 1, 3-6 and 10-11 are objected to because of the following informalities:
Claim 1, Lines 4 and 6: “heat rejecting media” should be amended to recite “heat rejection media” to provide consistent nomenclature throughout the claims.
Claim 3, Lines 2-3: “heat rejection media” should be amended to recite “the heat rejection media” as it is already introduced in parent claim 1.
Claim 4, Line 6: “heat rejection media” should be amended to recite “the heat rejection media” as it is already introduced in Claim 4.
Claim 5, Line 2: “heat rejection media” should be amended to recite “the heat rejection media” as it is already introduced in parent claim 4.
Claim 6, Lines 2-3: “heat rejection media” should be amended to recite “the heat rejection media” as it is already introduced in parent claim 4.
Claim 10, Lines 1 and 3-4: “heat rejecting media” should be amended to recite “heat rejection media” to provide consistent nomenclature throughout the claims.
Claim 11, Lines 1-2: “heat rejection media” should be amended to recite “the heat rejection media” as it is already introduced in parent claim 10.
Appropriate correction is required.
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 1-6 and 10-11 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.
Claims 1, 4 and 10 recite the negative limitation: “a first annular portion and a second annular portion, not in contact with the first annular portion” which constitutes impermissible new matter.
The scope of “not in contact” encompasses the first and second annular portions not in physical/direct contact with one another (e.g., separated by a gap) as supported by Fig. 2. However, the scope further encompasses the first and second annular portions not in thermal contact, although they must be via the airflow and via heat spreader 206, and the first and second annular portions not in indirect contact, although they must be via heat spreader 206, device 116 and motherboard 204. The original disclosure provides no support (e.g., the specification is silent in regard to how provide the first and second annular portions not in thermal and/or indirect contact, and an ordinary person in the art would not consider Applicant had possession of the first and second annular portions not in thermal and/or indirect contact).
Any negative limitation or exclusionary proviso must have basis in the original disclosure. If alternative elements are positively recited in the specification, they may be explicitly excluded in the claims. See In re Johnson, 558 F.2d 1008, 1019, 194 USPQ 187, 196 (CCPA 1977) ("[the] specification, having described the whole, necessarily described the part remaining."). See also Ex parte Grasselli, 231 USPQ 393 (Bd. App. 1983), aff ’d mem., 738 F.2d 453 (Fed. Cir. 1984). The mere absence of a positive recitation is not basis for an exclusion.
For the purposes of Examination below, Examiner interprets the Claims 1, 4 and 10 as reciting:
Claim 1, Lines 8-9:
“a first annular portion and a second annular portion, not in direct physical contact with the first annular portion”.
Claim 4, Lines 8-9:
“a first annular portion and a second annular portion, not in direct physical contact with the first annular portion”.
Claim 10, Lines 6-7:
“a first annular portion and a second annular portion, not in direct physical contact with the first annular portion”.
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.
Claims 1-6 and 10-11 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Chen (US 20100051231 A1).
As to Claim 1 (as best understood), Chen discloses:
An information handling system (heat dissipation apparatus of Figs. 1-2 for heat generating electronic device) comprising:
an air mover (fan 50; see Figs. 1-2) configured to drive an airflow (Par. 0033 “The fan 50 produces an airflow toward the heat sink 30, and dissipates heat from the heat sink 30 into ambient air”);
an information handling resource (Par. 0018 “The base 10 thermally connects with a heat generating electronic component”); and
heat rejection media (second heat pipes 23) thermally coupled to the information handling resource (Par. 0018 “The base 10 thermally connects with a heat generating electronic component at a bottom surface thereof, and attaches to the heat pipe assembly 20 at a top surface thereof”; heat pipes 23 of heat pipe assembly 20 are thermally coupled to electronic component via base 10) and located downstream of the air mover 50 and such that the airflow flows proximate to the heat rejection media 23 when the air mover 50 drives the airflow (Par. 0033 “The fan 50 produces an airflow toward the heat sink 30, and dissipates heat from the heat sink 30 into ambient air”; fan 50 blows air downward toward fins and heat pipe assembly 20) wherein the heat rejection media 23 includes:
a first annular portion and a second annular portion (see Fig. below), not in direct physical contact with the first annular portion (highlighted first and second annular portions are not in direct physical contact), wherein the first and second annular portions define respective portions of a partial ellipse (highlighted first and second annular portions define a portion of a partial ellipse), wherein the first annular portion extends from its first end, mechanically coupled to a first end of the information handling resource (first end of highlighted first annular portion is mechanically coupled to electronic device via base 10 at a first portion of base 10; corresponding to a first portion of electronic device), to its second end (second end defined in Fig. below), and wherein the second annular portion extends from its first end, mechanically coupled to a second end of the information handling resource (first end of highlighted second annular portion is mechanically coupled to electronic device via base 10 at a second portion of base 10; corresponding to a second portion of electronic device), to its second end (second end defined in Fig. below), wherein the first and second annular portions define a gap corresponding to a physical displacement between the second end of the first annular portion and the second end of the second annular portion (gap between second ends of the first and second annular portions highlighted by dashed line below).
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As to Claim 2, Chen discloses:
further comprising a heat spreader (heat sink 30) thermally coupled to the heat rejection media 23 (30 is thermally coupled to 23; Par. 0017 “The heat dissipation apparatus includes a base 10, a heat sink 30, a heat pipe assembly 20 thermally connecting the base 10 with the heat sink 30”).
As to Claim 3, Chen discloses:
wherein the heat rejection media 23 is located relative to the air mover 50 such that the heat rejection media 23 is within a generally annular region of the airflow driven by the air mover 50 for at least certain speeds of the air mover 50 (23 is disposed in a generally annular region of the airflow driven by fan 50, e.g., located beneath fan 50), wherein airflow in the generally annular region is at a significantly greater speed than airflow generated by the air mover 50 but outside the generally annular region (airflow in generally annular region where heat pipes 23 are located beneath fan 50 is of greater speed than directly beneath center of fan (no airflow) where conductive core 40 is disposed and a region outside of heat sink 30).
As to Claim 4 (as best understood), Chen discloses:
A method comprising:
thermally coupling heat rejection media (second heat pipes 23) to an information handling resource (Par. 0018 “The base 10 thermally connects with a heat generating electronic component at a bottom surface thereof, and attaches to the heat pipe assembly 20 at a top surface thereof”; heat pipes 23 of heat pipe assembly 20 are thermally and indirectly coupled to electronic device); and
locating the heat rejection media 23 downstream of an air mover (fan 50) such that an airflow driven from the air mover 50 flows proximate to the heat rejection media 23 when the air mover 50 drives the airflow (Par. 0033 “The fan 50 produces an airflow toward the heat sink 30, and dissipates heat from the heat sink 30 into ambient air”; fan 50 blows air downward toward fins and heat pipe assembly 20) wherein the heat rejection media 23 includes:
a first annular portion and a second annular portion (see Fig. below), not in direct physical contact with the first annular portion (highlighted first and second annular portions are not in direct physical contact), wherein the first and second annular portions define respective portions of a partial ellipse (highlighted first and second annular portions define a portion of a partial ellipse), wherein the first annular portion extends from its first end, mechanically coupled to a first end of the information handling resource (first end of highlighted first annular portion is mechanically coupled to electronic device via base 10 at a first portion of base 10; corresponding to a first portion of electronic device), to its second end (second end defined in Fig. below), and wherein the second annular portion extends from its first end, mechanically coupled to a second end of the information handling resource (first end of highlighted second annular portion is mechanically coupled to electronic device via base 10 at a second portion of base 10; corresponding to a second portion of electronic device), to its second end (second end defined in Fig. below), wherein the first and second annular portions define a gap corresponding to a physical displacement between the second end of the first annular portion and the second end of the second annular portion (gap between second ends of the first and second annular portions highlighted by dashed line below).
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As to Claim 5, Chen discloses:
further comprising thermally coupling a heat spreader (heat sink 30) to the heat rejection media 23 (30 is thermally coupled to 23; Par. 0017 “The heat dissipation apparatus includes a base 10, a heat sink 30, a heat pipe assembly 20 thermally connecting the base 10 with the heat sink 30”).
As to Claim 6, Chen discloses:
wherein locating the heat rejection media 23 comprises locating the heat rejection media 23 relative to the air mover 50 such that the heat rejection media 23 is within a generally annular region of the airflow driven by the air mover 50 for at least certain speeds of the air mover 50 (23 is disposed in a generally annular region of the airflow driven by fan 50, e.g., located beneath fan 50), wherein airflow in the generally annular region is at a significantly greater speed than airflow generated by the air mover 50 but outside the generally annular region (airflow in generally annular region where heat pipes 23 are located beneath fan 50 is of greater speed than directly beneath center of fan (no airflow) where conductive core 40 is disposed and a region outside of heat sink 30).
As to Claim 10 (as best understood), Chen discloses:
Heat rejection media (second heat pipes 23) for use with an information handling system (heat dissipation apparatus of Figs. 1-2 for heat generating electronic device) comprising an air mover (fan 50) configured to drive an airflow (Par. 0033 “The fan 50 produces an airflow toward the heat sink 30, and dissipates heat from the heat sink 30 into ambient air”) and an information handling resource (Par. 0018 “The base 10 thermally connects with a heat generating electronic component”), wherein the heat rejection media 23 is thermally coupled to the information handling resource (Par. 0018 “The base 10 thermally connects with a heat generating electronic component at a bottom surface thereof, and attaches to the heat pipe assembly 20 at a top surface thereof”; heat pipes 23 of heat pipe assembly 20 are thermally coupled to electronic component via base 10) and located downstream of the air mover 50 and such that the airflow flows proximate to the heat rejection media 23 when the air mover 50 drives the airflow (Par. 0033 “The fan 50 produces an airflow toward the heat sink 30, and dissipates heat from the heat sink 30 into ambient air”; fan 50 blows air downward toward fins and heat pipe assembly 20) and wherein the heat rejection media 23 includes:
a first annular portion and a second annular portion (see Fig. below), not in direct physical contact with the first annular portion (highlighted first and second annular portions are not in direct physical contact), wherein the first and second annular portions define respective portions of a partial ellipse (highlighted first and second annular portions define a portion of a partial ellipse), wherein the first annular portion extends from its first end, mechanically coupled to a first end of the information handling resource (first end of highlighted first annular portion is mechanically coupled to electronic device via base 10 at a first portion of base 10; corresponding to a first portion of electronic device), to its second end (second end defined in Fig. below), and wherein the second annular portion extends from its first end, mechanically coupled to a second end of the information handling resource (first end of highlighted second annular portion is mechanically coupled to electronic device via base 10 at a second portion of base 10; corresponding to a second portion of electronic device), to its second end (second end defined in Fig. below), wherein the first and second annular portions define a gap corresponding to a physical displacement between the second end of the first annular portion and the second end of the second annular portion (gap between second ends of the first and second annular portions highlighted by dashed line below).
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As to Claim 11, Chen discloses:
wherein the heat rejection media 23 is located relative to the air mover 50 such that the heat rejection media 23 is within a generally annular region of the airflow driven by the air mover 50 for at least certain speeds of the air mover 50 (23 is disposed in a generally annular region of the airflow driven by fan 50, e.g., located beneath fan 50), wherein airflow in the generally annular region is at a significantly greater speed than airflow generated by the air mover 50 but outside the generally annular region (airflow in generally annular region where heat pipes 23 are located beneath fan 50 is of greater speed than directly beneath center of fan (no airflow) where conductive core 40 is disposed and a region outside of heat sink 30).
Response to Arguments
Applicant’s arguments with respect to the claims 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.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MATTHEW S MUIR whose telephone number is (571)270-1329. The examiner can normally be reached Monday - Friday 8 am - 5 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jayprakash Gandhi can be reached at 571-272-3740. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MATTHEW SINCLAIR MUIR/ Examiner, Art Unit 2841
/Jayprakash N Gandhi/ Supervisory Patent Examiner, Art Unit 2841
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