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 .
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
Claim 1:
Applicant’s disclosure as originally filed provides support for “wherein the copper layer is mechanically embedded on the processed face of the aluminum heat conduction component by deforming or cutting the processed surface.” The originally filed disclosure does not describe or suggest that the copper layer is mechanically embedded by deforming or cutting the aluminum surface, as now required. The specification broadly describes forming a copper embedding layer “by means of physical or chemical processing” (see, e.g., Step S2), but does not identify or limit the embedding mechanism to deformation or cutting of the aluminum material. Accordingly, the amended claim introduces a specific mechanical embedding mechanism that is not expressly or inherently disclosed in the original specification.
Claim 1 additionally recites: “mechanically or chemically processing a face of the at least one aluminum heat conduction component to produce a processed face” as a distinct step preceding the embedding of the copper layer. The originally filed disclosure does not describe a separate processing step that produces a processed face prior to embedding. Rather, the disclosure describes forming the copper embedding layer by physical or chemical processing, wherein the processing is part of the embedding operation itself, and the processed section is created as a result of that embedding.
Thus, the claimed sequence of first processing a face to produce a processed face and then mechanically embedding the copper layer onto that processed face, wherein the copper layer is mechanically embedded on the processed face of the aluminum heat conduction component by deforming or cutting the processed surface is not supported by the originally filed disclosure. Applicant’s disclosure as originally filed does not provide any example, description, or indication that embedding is performed specifically by deforming or cutting the aluminum surface. Accordingly, the claim as amended contains subject matter that was not described in the application as originally filed.
Compact Prosecution and New Matter
The Office requires examiners to practice compact prosecution and should the examiner determine that an amended claim term or phrase renders the claim rejected under 35 U.S.C. 112, the examiner should make rejections based on the written description requirement and indefiniteness under 35 U.S.C. 112 as well as rejections in view of prior art under 35 U.S.C. 102 or 103 that renders the prior art applicable on the examiner’s interpretation of the claim.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 1-3 and 5 are rejected under 35 U.S.C. 103 as being unpatentable over Feng (US 2009/0288294 A1) in view of Fan (CN 101896049-A) as provided by (CN 101896049-A) machine translation as an English language equivalent and Wang (TW 110128360) as provided by (US 2023/0037056 A1) as an English language equivalent and Patrick et al. (US 4,633,054).
Claim 1:
Feng discloses a manufacturing method of a thermal module (abstract), comprising;
providing at least one aluminum heat conduction component (431) (figs. 2-5, step 21, para [0033]) and at least one copper heat conduction component (52) (figs. 2-5, para [0035]);
mechanically or chemically processing a face of the at least one aluminum heat conduction component to produce a processed face (Feng teaches plating of the aluminum fins which constitutes chemical processing of the aluminum surface) (figs. 2, [0018] and [0019]);
embedding a nickel layer (4311) (sputtering with vacuum ion deposition), directly on the processed face (fin 431 is processed to a shape to accept heat pipe (52)) of the aluminum heat conduction component (431), to provide an embedded nickel layer surface and an exposed nickel layer contact surface, wherein the embedded nickel layer surface and the exposed nickel layer contact surface positioned on two opposite faces of the embedded nickel layer, (figs. 2-5, para [0034] – see also fig. 5A); wherein the nickel layer is chemically embedded on the processed face of the aluminum heat conduction component by printing, electroplating, electrolysis or electroforming (figs. 2, [0018] and [0019]); and,
abutting the copper heat conduction component (52) with the exposed nickel layer contact surface (4311) (figs. 2-5, para [0034]); and,
welding the exposed nickel layer contact surface with the at least one copper heat conduction component (52), such that the surface of the aluminum heat conduction component (431), is securely welded and connected with the copper heat conduction component (52) (figs. 2-5, step 23, para [0035]).
Feng fails to disclose embedding an uneven copper layer. Instead, Feng discloses a embedding a nickel layer (para [0034]).
Fan discloses a manufacturing method of thermal module (abstract), the method comprising:
providing at least one aluminum heat conduction component (11) and at least one copper heat conduction component (12) (figs. 1-2, [0027] and [0029]);
embedding a copper layer (13) on a processed section or processed face of the aluminum heat conduction component (11) to provide an embedded copper layer surface and an exposed copper layer contact surface, wherein the embedded copper layer surface and the exposed copper layer contact surface positioned on two opposite faces of the embedded copper layer (13), which processed section or processed face of the aluminum heat conduction component (11) is correspondingly assembled with the copper heat conduction component (12), and wherein the embedded copper layer surface is deep inlaid and mechanically interlocked within a section of the aluminum heat conduction component (11), which section is securely assembled with the copper heat conduction component (12) (figs. 1-2, [0027] – see also annotated reproduction of fig. 2 (Fan), below); and
connecting the exposed copper layer contact surface with the at least one copper heat conduction component (12), such that the surface of the aluminum heat conduction component (11), on which the embedded copper layer surface is engaged, being securely welded and connected with the copper heat conduction component (12) so as to securely connect the aluminum heat conduction component (11) with the copper heat conduction component (12) (figs. 1-2, [0027]).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have swapped the nickel layer of Feng for the copper layer of Fan since it was known that a tin layer, a copper layer, a nickel layer and a zinc layer are analogues for a weldable layer as evidenced by Wang (Wang, [0025]); and, Fan discloses the material of the embedded metal layer (Fan, 13 and/or Wang 4311) can be copper metal, copper alloy, nickel metal or copper nickel alloy (Fan [0027]). See MPEP § 2143 B which describes the prima facie obviousness of simple substitution of one known element for another to obtain predictable results.
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Feng in view of Fan and Wang fails to disclose or fairly suggest an uneven surface formed on the heat conduction component.
Patrick discloses a resistance welding method (abstract) comprising providing a component formed with an uneven surface (figs. 1-7, col. 2, lines 37-52). Patrick further teaches that current transfer depends on local deformation at surface peaks and that dense pointed peaks improve welding consistency and performance (col. 2, lines 17-20 and col. 8, lines 27-31).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to improve the manufacturing method of a thermal module of Feng in view of Fan and Wang by forming the component with an uneven surface as taught by Patrick in order to provide surface roughness since it was known that surface topography is critical because current transfer depends on local deformation of the metal surface and surface roughness enhances oxide breakdown and increases the tolerance of the contact interface to the oxide thickness as shown in figure 1 of Patrick (Patrick, fig. 1, col. 2, lines 5-17). In addition, the ideal topography would be one that contains dense pointed peaks so that both uniformity and adequate oxide breakup can be achieved. (Patrick, fig. 1, col. 2, lines 17-20).
One of ordinary skill in the art would have been motivated to combine these teachings to improve bonding reliability and welding performance in thermal modules involving dissimilar metal interfaces, as each reference addresses known challenges associated with forming robust metallurgical joints between aluminum and copper components. See MPEP § 2143 A which describes the prima facie obviousness of combining prior art elements according to known methods to yield predictable results.
Claim 2:
Feng in view of Fan, Wang and Patrick renders obvious the manufacturing method of a thermal module as claimed in claim 1, wherein the exposed copper layer contact surface (Fan, 13) and the at least one copper heat conduction (Feng, 52) component being connected with a welding material layer (Feng, 51) (Feng, figs. 2-5, para [0035] – see also annotated reproduction of Feng figs. 4 and 5A, below and annotated reproduction of Fan fig. 2, above).
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Claim 3:
Feng in view of Fan, Wang and Patrick renders obvious the manufacturing method of a thermal module as claimed in claim 1, wherein the copper heat conduction component (Feng, 52) is a copper heat pipe (Feng, 52), while the aluminum heat conduction component is an aluminum base seat (Feng, 431) (Feng, para [0033] and [0035]). Examiner note: Applicant’s claimed invention is read in light of the specification. There is no structural difference between an aluminum fin of Feng and the claimed aluminum base seat.
Claim 5:
Feng in view of Fan, Wang and Patrick renders obvious the manufacturing method of a thermal module as claimed in claim 1, wherein the surface of the aluminum heat conduction component (Feng, 431) having the embedded copper layer (the nickel layer of Feng, 4311 in view of the copper layer of Fan, 13) has the same metal element as the copper heat conduction component (Feng, 52) (Feng, figs. 2-5, para [0035] – see also annotated reproduction of Feng figs. 4 and 5A, above and Fan, figs. 1-2, para [0027] and [0029]).
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Feng in view of Fan, Wang and Patrick as applied to claim 3 above, and further in view of Kao et al. (US 2019/0226768 A1).
Claim 4:
Feng in view of Fan, Wang and Patrick renders obvious the manufacturing method of a thermal module as claimed in claim 3, wherein the aluminum heat conduction component includes a connection section with an embedded copper layer surface engaged with an outer surface of the connection section (Feng, figs. 3 and 5, para [0034] and Fan, para [0027] – see also annotated reproduction of Feng fig. 5, below).
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Feng in view of Fan, Wang and Patrick fails to disclose or fairly suggest the copper heat conduction component has a heat absorption section and a condensation section. Instead, Feng in view of Fan, Wang and Patrick discloses generic heat pipes.
Kao discloses a two-phase fluid heat transfer structure (abstract) further comprising a heat conduction component (heat pipe, 19) having a heat absorption section (191) and a condensation section (opposite section of section (191)) (figs. 1A-1D, para [0029] and [0034]); and a heat conduction component (17) having a connection section (172) (figs. 1A-1D, para [0034]), the heat absorption section (191) being correspondingly assembled with the connection section (172) (figs. 1A-1D, para [0034]).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to improve the thermal module of Feng in view of Fan, Wang and Patrick by providing heat adsorption and condensation sections on the heat pipe of a proposed combination of Feng and Fan and Wang as taught by Kao in order to provide a circulating working medium enabling heat transfer and heat dissipation (Kao, page 3, para [0034]). See MPEP § 2143 A which describes the prima facie obviousness of combining prior art elements according to known methods to yield predictable results. The results would have been predictable because the prior art references are drawn to devices for heat transfer and exchange.
Feng in view of Fan, Wang and Kao renders obvious the manufacturing method of thermal module as claimed in claim 3, wherein the copper heat conduction component (Feng, 52) has a heat absorption section (Kao, 191) and a condensation section (Kao, opposite, of section (191)) (Feng, figs. 2-5, para [0035] and Kao, figs. 1A-1D, para [0029] and [0034]),
the aluminum heat conduction component (Feng, 431) having a connection section (Feng, fig. 2-5, para [0033] – see also annotated reproduction of fig. 5, above),
the heat absorption section (Kao, 191) being correspondingly assembled with the connection section (Feng, 431 and Kao, 172) (Feng, fig. 2-5, para [0033] – see also annotated reproduction of fig. 5, above and Kao, figs. 1A-1D, para [0034]),
the embedded copper layer surface (the nickel of Feng, 4311 in view of the copper of an, 13) being engaged with an outer surface of the connection section (Feng, figs. 2-5, para [0034] and Fan, figs. 1-2, para [0027]),
the condensation section being correspondingly passed through multiple radiating fins made of aluminum material (Feng, 431) (Feng, figs. 1-5, para [0033]), whereby by means of the copper embedding layer, the heat absorption section is securely welded and connected with the connection section (Feng, figs. 1-5, para [0033] and Fan, figs. 1-2, para [0027]).
Response to Arguments
Applicant's arguments filed 09 February 2026 have been fully considered but they are not persuasive.
On pages 5-6, Applicant argues the application is in condition for allowance because applicant has amended the claimed invention to include ”wherein the copper layer is mechanically embedded on the processed face of the aluminum heat conduction component by deforming or cutting the processed surface, or the copper layer is chemically embedded on the processed face of the aluminum heat conduction component by printing, electroplating, electrolysis or electroforming." This is not persuasive because applicant’s amended claims are not supported by applicant’s disclosure as originally filed and applicant’s claimed invention is rendered obvious in view of the prior art of record.
Conclusion
The prior art made of record and not relied upon is considered pertinent to Applicant's disclosure. Telenko, Jr. et al. (US 2022/0048141 A1) discloses a method of preparing aluminum metal pieces for welding.
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 Lee Holly whose telephone number is (571)270-7097. The examiner can normally be reached Monday - Friday 8:00 to 5:00 EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Thomas Hong can be reached at (571) 272-0993. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Lee A Holly/Primary Examiner, Art Unit 3726