DETAILED ACTION
This action is in response to applicant’s amendment received on 01/29/2026. Amended claims 1 and 5 are acknowledged. Claims 1-13 and 21-23 are pending. Claims 14-20 are cancelled. Claim 7 remains withdrawn from consideration pursuant to 37 CFR 1.142(b).
Election/Restrictions
Newly submitted claims 22-23 are directed to the non-elected species depicted in figures 9A-9C, an invention that is independent or distinct from the invention originally claimed for the following reasons:
Restriction to one of the following inventions was required, on 11/29/2024, under 35 U.S.C. 121:
I. Claims 1-17, drawn to a heat sink, classified in H01L 23/36.
II. Claims 18-20, drawn to a method of manufacturing a heat sink, classified in B23P 15/26.
Applicant elected Invention I in a response received on 01/15/2025
This application contains claims directed to the following patentably distinct species:
Species A, Embodiment 1, as seen in figures 4A-4C.
Species B, Embodiment 2, as seen in figures 7A-7C.
Species C, Embodiment 3, as seen in figures 8A-8C.
Species D, Embodiment 4, as seen in figures 9A-9C.
The species are independent or distinct because the claims to the different species recite the mutually exclusive characteristics of such species. In addition, these species are not obvious variants of each other based on the current record. Applicant was required under 35 U.S.C. 121 to elect a single disclosed species, or a single grouping of patentably indistinct species, for prosecution on the merits to which the claims shall be restricted if no generic claim is finally held to be allowable.
Applicant elected Species C in the response received on 01/15/2025.
Since applicant has received an action on the merits for the originally presented invention, this invention has been constructively elected by original presentation for prosecution on the merits. Accordingly, claims 22-23 are withdrawn from consideration as being directed to a non-elected species. See 37 CFR 1.142(b) and MPEP § 821.03.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102:
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-6 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Deppisch et al. (US 2008/0017975, herein “Deppisch”).
Regarding claim 1, Deppisch discloses:
a heat spreader (IHS 545) (fig. 5) [par. 0031], comprising:
a top surface opposite a bottom surface in a vertical direction (see annotated fig. 5- DEPPISCH, below);
a cavity (575) formed within and extending upwardly from the bottom surface, wherein the cavity (575) comprises an inner wall extending around the cavity (575) and extending vertically downward from an inner cavity surface disposed centrally in the cavity (575) [par. 0031] (see annotated fig. 2- DEPPISCH, below);
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an outer periphery extending vertically upward from the bottom surface of the heat spreader (545) and extending around the cavity (575), the top surface being continuously flat and planar between opposite ends of the outer periphery (see annotated fig. 2- DEPPISCH, above),
at least one step disposed within the cavity (575) proximate the inner wall and having a surface that is positioned at a vertical height lower than a vertical height of the inner cavity surface of the cavity (575) (see annotated fig. 2- DEPPISCH, above);
wherein the at least one step is completely disposed between the bottom surface and the inner cavity surface in the vertical direction (see annotated fig. 2- DEPPISCH, page 3).
Regarding claim 2, Deppisch discloses:
the heat spreader (545) being defined by a generally rectangular shape having a length, a width, and a depth (seen in figs. 1-3, as they apply to the embodiment of fig. 5).
Regarding claim 3, Deppisch discloses:
the cavity (575) having a rectangular shape such that the cavity defines a length and a width (seen in figs. 1-3, as it applies to the embodiment of annotated of fig. 5).
Regarding claim 4, Deppisch discloses:
the outer periphery extending between the length of the heat spreader (545) and the length of the cavity (575) and between the width of the heat spreader (545) and the width of the cavity (575) (figs. 1-3, as it applies to the embodiment of fig. 5).
Regarding claim 5, Deppisch discloses:
the cavity (575) including at least two steps extending parallel to and adjacent a first side (left side seen in annotated fig. 5-DEPPISCH, page 3) and a third side (right side seen in annotated fig. 5-DEPPISCH, page 3) of the cavity (575) and extending the length of the cavity (575) (see annotated fig. 2- DEPPISCH, page 3, as it applies to the top views seen in figs. 1-3).
Regarding claim 6, Deppisch discloses:
the cavity including at least two steps having a generally rectangular shape (see annotated fig. 2- DEPPISCH, page 3, as it applies to the top views seen in figs. 1-3).
Claims 1 and 12 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kourakata et al. (US 2014/0239482, herein “Kourakata”).
Regarding claim 1, Kourakata discloses:
a heat spreader (300) (fig. 2) [par. 0023], comprising:
a top surface (306 plus 3231 plus 3242 plus 3243) opposite a bottom surface in a vertical direction (see annotated fig. 2- KOURAKATA, page 5);
a cavity formed within and extending upwardly from the bottom surface, wherein the cavity comprises an inner wall extending around the cavity and extending vertically downward from an inner cavity surface disposed centrally in the cavity [par. 0023-0024] (see annotated fig. 2- KOURAKATA, below);
an outer periphery (342) extending vertically upward from the bottom surface of the heat spreader (300) and extending around the cavity (fig. 2) [par. 0025], the top surface (306 plus 3231 plus 3242 plus 3243) being continuously flat and planar between opposite ends of the outer periphery (342) (see annotated fig. 2- KOURAKATA, below),
at least one step disposed within the cavity proximate the inner wall and having a surface that is positioned at a vertical height lower than a vertical height of the inner cavity surface of the cavity (seen in annotated fig. 2- KOURAKATA, below);
wherein the at least one step is completely disposed between the bottom surface and the inner cavity surface in the vertical direction (see annotated fig. 2- KOURAKATA, below).
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Regarding claim 12, Kourakata discloses:
the heat spreader (300) having an overall thickness defined by a thickness of the cavity plus a thickness (TF) (fig. 2) of a top portion of the heat spreader (300) (seen in annotated fig. 2- KOURAKATA, above), and
wherein the outer periphery (342) has a thickness (see annotated fig. 2- KOURAKATA, page 2), and wherein the thickness of the outer periphery (342) is less than the overall thickness of the heat spreader (300) (seen in annotated fig. 2- KOURAKATA, page 5).
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103:
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.
Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over Deppisch.
Regarding claim 13, in the Office Action dated 09/29/2025, the Examiner took Official Notice that the use of heat spreaders comprised of metals like copper is old and well known in the art of cooling electronics. Applicant has failed to traverse this statement. As such, and in accordance with MPEP §2144.03, the statement is now considered admitted prior art.
Allowable Subject Matter
Claims 8-11 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Claim 21 is allowed.
Response to Arguments
Applicant's arguments filed 01/29/2026 have been fully considered but they do not apply to the new grounds of rejection.
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 GUSTAVO A HINCAPIE SERNA whose telephone number is (571)272-6018. The examiner can normally be reached 9am-5:30pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Len Tran can be reached at 571-272-1184. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/GUSTAVO A HINCAPIE SERNA/Examiner, Art Unit 3763
/JENNA M MARONEY/Primary Examiner, Art Unit 3763
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