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 .
Response to Amendment
This Office action is in response to reply filed on May 20, 2026.
Receipt and entry of the amended claims filed on May 20, 2026 are acknowledged.
Claims 1, 2, and 4 through 19 are pending. Of these, claim 19 is new and all of the remaining claims have been amended directly or indirectly.
Response to Arguments
Applicant's arguments filed on May 20, 2026 have been fully considered but they are not persuasive.
Applicant has argued that Chen fails to meet each and every element of claim 1 and notes that an anticipation rejection requires a showing of strict identity between the rejected claim and a disclosure in the cited reference and that the elements in the reference must be arranged in exactly the same way as they are in the claim. Applicant then further argues that the Chen reference “fails to disclose ‘a thermal pad configured to transfer the heat received from the vapor chamber’’ because the bond pads 17 of Chen are incapable of receiving any heat from the heat conducting device 122” because Figure 6E of Chen shows that “the semiconductor die 10 is interposed between the heat conducting element 122 and the bond pads 17” and “in order for the bond pads 17 to receive heat from the heat conducting device 122, the heat must first be transferred from the heat conducting device 122 to the semiconductor die 10” and that “this would directly contradict the teachings of Chen”. Applicant further argues that because Chen dhows that heat is being transferred from the semiconductor die 10 to the heat conducting device 122”, “heat cannot also be transferred from the heat conducting device 122 to the semiconductor die 10” because “the semiconductor die 10 is interposed between the heat conducting device 122 and the bond pads 17 and because the heat cannot be transferred from the heat conducting device to the semiconductor die 10”.
In response to applicant’s remarks, it is noted that Chen fail to recite the actual relative arrangement of the thermal pad relative to the vapor chamber and to the heat sink, and therefore Chen does show all of the elements arranged in the same way as in the rejected claims.
First of all, it is further noted that at least base claim 1 of the instant application fails to specifically recite any particular spatial arrangement of the thermal pad relative to the vapor chamber and to the heat sink. Base claim 1 merely recites that the thermal pad is “configured to transfer the heat received from the vapor chamber to a heat sink”, with the thermally conductive thermal pad/bond pads 17 of Chen inherently being able to transfer heat between the vapor chamber and a heat sink. Furthermore, the applicant is respectfully reminded that pending claims are to be given the broadest reasonable interpretation.
Second of all, it is noted that, contrary to applicant’s arguments, Figure 6E of Chen also shows thermal adhesive 11 as being disposed in the gap 11 which thermally connects all of the heat pipe 122, the die 10, and the bond pads 17, thus allowing heat to flow between all of the aforementioned elements in all directions. Furthermore, the patentability of an apparatus as claimed is based on what the element is and not on what the element does.
Applicant has therefore failed to show that the heat dissipation structure of Chen fails to properly anticipate the pending claims. Applicant’s arguments are not persuasive and the rejections are maintained.
Claim Rejections - 35 USC § 102
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.
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.
(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, 2, 4 through 7, and 11 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Chen (U.S. Patent No. 7,948,767 B2).
With regard to claim 1 of the instant application, Chen discloses a heat dissipation structure 1 essentially as claimed, including, for example: a plate 16; a heating element comprising a housing (broadly readable on protection layer 14) having a first surface attached to the plate 16, and a second side opposite and parallel to the first surface and having an opening (i.e., as shown in the figures), and a heater or semiconductor die 10 positioned inside the housing 14 and facing the opening on the second side and from which heat is emitted; a vapor chamber or heat pipe 122 (i.e., see column 4, lines 28-32) in thermal contact with the heater or die 10 via the opening and configured to receive and diffuse the heat emitted from the heater or die 10; a thermal pad (i.e., readable on bond pads 17) configured to transfer the heat received from the vapor chamber or heat pipe 122 to a heat sink or fins 124 (i.e., at least indirectly as broadly interpreted as required); and, the heat sink or fins 124 attached to the thermal pad or bond pads 17 (i.e., at least indirectly as broadly interpreted as required) and configured to emit the heat received from the thermal pad or bond pads 17.
With regard to claim 2 of the instant application, Chen further discloses a thermal compound or thermal adhesive in gap 11 (i.e., see column 5, lines 39-42) applied between the heating element or die 10 plus housing 14 and the vapor chamber or heat pipe 122 (i.e., as shown in Figure 6E, for example) to transfer heat from the heating element to the vapor chamber or heat pipe 122.
With regard to claim 4 of the instant application, Chen further discloses that the thermal compound in gap 11 is applied on an upper surface of the heater or die 10 as shown in at least Figure 6E.
With regard to claim 5 of the instant application, Chen further discloses that the vapor chamber or heat pipe 122 comprises a protrusion (i.e., rounded bottom end of the heat pipe 122 as shown in at least Figure 6E) at least partially inserted into the opening on the second side of the housing 14.
With regard to claim 6 of the instant application, Chen further discloses that the thermal pad or bond pads 17 is configured to bond the vapor chamber or heat pipe 122 and the heat sink (i.e., in this case the heat sink being alternately and broadly readable as required on the bottom portion of housing 18 in Figure 6E at least).
With regard to claim 7 of the instant application, Chen further discloses at least one connector (i.e., broadly readable on the bottom portion of the housing 18 as shown in Figure 6E) connecting the vapor chamber or heat pipe 122 and the plate 16 (i.e., as shown in Figure 6E at least).
With regard to claim 11 of the instant application, Chen further discloses that the thermal compound in gap 11 is at an interface directly between the vapor chamber or heat pipe 122 and the heater or die 10 (i.e., as shown in Figure 6E).
The reference thus reads on the claims.
Allowable Subject Matter
Claims 8 through 10 and 12 through 19 are allowed.
The following is a statement of reasons for the indication of allowable subject matter: the prior art of record does not show nor reasonably suggest the heat dissipation structure including all of the various elements in combination which are structurally and functionally interrelated as recited in claims 8 through 10 and 12 through 18 of the instant application.
Conclusion
The additional related and/or prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
THIS ACTION IS MADE FINAL. 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 LJILJANA V CIRIC whose telephone number is (571)272-4909. The examiner can normally be reached Monday-Saturday, flexible.
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/Ljiljana V. Ciric/Primary Examiner, Art Unit 3763
LJILJANA (Lil) V. CIRIC
Primary Examiner
Art Unit 3763
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