Prosecution Insights
Last updated: May 29, 2026
Application No. 18/223,154

WICK STRUCTURE FOR OPTIMIZED THERMAL PERFORMANCE AND METHOD OF MAKING THE SAME

Non-Final OA §103§112
Filed
Jul 18, 2023
Priority
Jun 30, 2023 — continuation of PCTCN2023105075
Examiner
DUONG, THO V
Art Unit
3763
Tech Center
3700 — Mechanical Engineering & Manufacturing
Assignee
Nvidia Corporation
OA Round
3 (Non-Final)
67%
Grant Probability
Favorable
3-4
OA Rounds
5m
Est. Remaining
84%
With Interview

Examiner Intelligence

Grants 67% — above average
67%
Career Allowance Rate
803 granted / 1199 resolved
-3.0% vs TC avg
Strong +18% interview lift
Without
With
+17.5%
Interview Lift
resolved cases with interview
Typical timeline
3y 3m
Avg Prosecution
28 currently pending
Career history
1237
Total Applications
across all art units

Statute-Specific Performance

§103
73.4%
+33.4% vs TC avg
§102
15.6%
-24.4% vs TC avg
§112
9.8%
-30.2% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1199 resolved cases

Office Action

§103 §112
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 2/25/2026 has been entered. Claim Rejections - 35 USC § 112 The following is a quotation of 35 U.S.C. 112(b): (b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention. The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph: The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention. Claims 8 and 24 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. The limitation of “ the body of the wick structure have a variable pore size” in claim 8 and “a variable size of the pores of the wick structure” in claim 24, renders the scope of the claim indefinite since it is not clear whether “a variable pore size” in claims 8 and 24 are the same or different from “a variable pore size” that already recited in claim 1 and claim 21. Claim Rejections - 35 USC § 103 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 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. Claims 1, 3-5, 7-11, 13, 21, 23, 24, 25, 30 and 31 are rejected under 35 U.S.C. 103 as being unpatentable over Liu et al. (US 20100065255A1 in view of Maxwell et al. (US 2020/0309469). Liu discloses (figures 2 and 5) a heat transfer apparatus comprising a housing (11, 12) defining a chamber (10) configured to hold working fluid (20); and a wick structure (A20 or 30,40) comprising a body and pores defined by the body, wherein the wick structure is disposed on an interior surface of the housing, wherein the heat transfer apparatus defines an evaporator section (121) configured to evaporate the working fluid using heat from a heat source and a condenser section (111) configured to dissipate heat carried by the evaporated working fluid through condensation of the evaporated working fluid, and the wick structure is configured to move the working fluid from the condenser section the evaporator section via capillary action (see figure 2 or figure 5). Regarding claims 1 and 21, Liu does not that the wick comprises interconnecting extensions arranged in a repeatable, configurable and controlled geometry and the wick structure is anisotropic, three dimensional and has a gyroidal geometry comprising a variable pore, which is configured to promote directional capillary forces so as to minimize backflow and optimize cooling fluid distribution in target zones. Maxwell discloses (figures 1-2, 4 and paragraph 29) a heat transfer apparatus such as heat pipe or vapor chamber that has wick structure having same gyroidal geometry (figure 2) as claimed, which comprises interconnecting extensions arranged in repeatable, configurable and controlled geometry and is anisotropic moving liquid from condensing region to the evaporating region for a purpose of maximizing heat transfer in heat pipe by increasing capillary pressure with small pore size and increasing the wetted surface area. Since Maxwell teaches the same gyroidal wick structure and has variable pore size, it is capable of promoting directional capillary forces so as to minimize backflow and optimize cooling fluid distribution in target zones. In particular, in the heat pipe, the condensed liquid transports from the condenser back to the evaporator section by the wick due to the fact that the small pore size give high capillary pressure near the evaporator area than the condenser area (paragraph 34) . It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to use Maxwell’s teaching in Liu’s device for a purpose of maximizing heat transfer in heat pipe by increasing capillary pressure with small pore size and increasing the wetted surface area. Regarding claim 3, Liu discloses (figure 2 or 5 and paragraph 31) that the wick (30,40) is configured to promote heat transfer in at least one predetermined area (121) of the heat transfer apparatus corresponding to a hot spot of the heat source (paragraph 31, a heat source is to contact heating area 121, therefore, it is capable of transferring heat from any heat source with a hot spot). Regarding claim 4, Liu discloses (paragraph 24) that the heat transfer apparatus is a cooling fixture comprising a vapor chamber or a heat pipe. Regarding claim 5, Liu discloses (paragraph 5) that the heat source is a semiconductor power transistor such as a CPU, a GPU but does not disclose that the heat source is an integrated microchip. However, applicant is claiming a heat transfer apparatus configured to dissipate heat from a heat source. Therefore, the heat source is not a part of the heat transfer apparatus but only an intended use of the heat transfer apparatus to dissipate heat from the heat source such as integrated microchip. It has been held that a recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus satisfying the claimed structure limitations. Ex Parte Masham 2 USPQ2d. In this case, Liu discloses that the heat transfer apparatus that has a heating area 121, which is capable of dissipating any heat source that applied to its surface. As if applicant amended the claim to include the microchips as part of claimed heat transfer apparatus, the evidence of microchips to be dissipated by a vapor chamber can be found in reference Mira et al. (US 2019/0027424A1, paragraph 2) Regarding claims 7-8 and 24, Liu does not disclose dimensional parameters of the wick structure are configured to optimized at least one of the capillary action of the pore (claim 7) and the pores defined by the body of the wick structure have a variable pore size configured to optimized at least one capillary action of the pores (claim 8) and a variable diameter of interconnecting extension of the body, a variable thickness of the wick structure or a variable size of the pores of the wick structure (claim 24). Maxwell discloses (figure 2 and paragraphs 29 and 34) that the gyroidal wick structure uses gradient in pore sizes (variable pore size) where large or smaller flow paths are locally preferred, for a purpose of allowing the creation of high capillary pressure where needed without incurring small channel pressure losses everywhere. It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to use Maxwell’s teaching in Liu’s device for a purpose of allowing the creation of high capillary pressure where needed without incurring small channel pressure losses everywhere. Regarding claim 9, Liu discloses (figures 2 or 5) that the wick structure (A20, or 30,40) is configured to define at least one predetermined path between the evaporator section and the condenser section of the heat transfer apparatus. Regarding claim 10 , Liu discloses (figure 2 and 5, paragraphs 29 and 31) at least one post (A30 or 60) disposed within the chamber and affixed to the housing, wherein at least one post is configured to increase a structural integrity of the heat transfer apparatus. Regarding claim 11, Liu discloses (figure 8) that the at least one post (60) is hollow. Regarding claims 13 and 23, Liu does not discloses that the wick structure is made by additive manufacturing process. Maxwell discloses (paragraph 10) that the wick structure is made of additive manufacturing method for a purpose of making a complex wick structure with 3-axis variability and local optimization of pore size, porosity and structural rigidity. It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to use Maxwell’s teaching of manufacturing a gyroidal wick structure by a method of additive manufacturing process for a purpose of making a complex wicking structure with 3-axis variability and local optimization of pore size, porosity and structural rigidity. Regarding claim 25, Liu further discloses (figure 2) the at least one post (A30) is disposed within the chamber and affixed to the housing such that an outer surface of the at least one post is at a substantially 90-degree angle with a surface of the housing to which the at least one post is affixed. Regarding claims 30-31, Liu does not disclose a region of the wick structure comprises a different pore diameter as compared to another region of the wick structure based on proximity of the hot spot (claim 30) and the wick has a pore diameter to achieve a desired permeability (31). Maxwell discloses (figure 2, paragraphs 29 and 34) that the gyroidal wick structure uses gradient in pore sizes (variable pore size) where, small pore size give high capillary pressure, but high pressure to obtain a desired permeability near heat source and large pore size give low capillary pressure but low pressure drop at elsewhere, for a purpose of allowing the creation of high capillary pressure where needed without incurring small channel pressure losses everywhere. It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to use Maxwell’s teaching in Liu’s device for a purpose of allowing the creation of high capillary pressure where needed without incurring small channel pressure losses everywhere. Regarding claim 33, Liu discloses (figures 2 or 5 or 7) that the at least one post (A30 or 60) extends between the evaporator section (121) and the condenser section (111) Claim 32 is rejected under 35 U.S.C. 103 as being unpatentable over Liu and Maxwell as applied to claim 10 above, and further in view of Hoffman et al. (US 20090040726). Liu and Maxwell substantially disclose all of applicant’s claimed invention as discussed above except for the limitation that the post comprises a structural core and a secondary wick structure wrapped about the structural core. Hoffman et al discloses (figures 2, 4, 6 and paragraphs 83-84) a post of the vapor chamber comprises a structural core (130’) and a secondary wick structure (131’’) wrapped about the structural core (130’) for a purpose of increasing the structural integrity of the vapor chamber and further circulating the working fluid from the condenser section to the evaporator section via capillary action. It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to use Hoffman’ s teaching in the combination device of Liu and Maxwell for a purpose of increasing the structural integrity of the vapor chamber and further circulating the working fluid from the condenser section to the evaporator section. Allowable Subject Matter Claims 26 and 27 are allowed. The following is an examiner’s statement of reasons for allowance: the prior art or record either taken singularly or in combination fail to disclose the invention as claimed. In particular, reference to Liu and Maxwell are the closest prior art but fail to disclose that the post comprises a secondary wick, wherein the secondary body of the secondary wick is three dimensional and has a gyroidal geometry, in combination with other limitation in the claims. Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.” Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to THO V DUONG whose telephone number is (571)272-4793. The examiner can normally be reached Monday through Friday 10-6PM. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Atkisson Jianying can be reached at 571-270-7740. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /THO V DUONG/Primary Examiner, Art Unit 3763
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Prosecution Timeline

Show 5 earlier events
Aug 28, 2025
Response Filed
Dec 02, 2025
Final Rejection mailed — §103, §112
Jan 28, 2026
Applicant Interview (Telephonic)
Jan 28, 2026
Examiner Interview Summary
Feb 02, 2026
Response after Non-Final Action
Feb 25, 2026
Request for Continued Examination
Mar 17, 2026
Response after Non-Final Action
Apr 21, 2026
Non-Final Rejection mailed — §103, §112 (current)

Precedent Cases

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

3-4
Expected OA Rounds
67%
Grant Probability
84%
With Interview (+17.5%)
3y 3m (~5m remaining)
Median Time to Grant
High
PTA Risk
Based on 1199 resolved cases by this examiner. Grant probability derived from career allowance rate.

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