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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 3/11/2026 has been entered.
Claims 1-3,5-7,9-10,12-13 and 16-17 are pending.
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 1-3, 5-7, 9-10, 12-13, 16 and 17 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. Regarding claim 1, the claimed subject matter of “ the second sintered body layer which does not fill over the groove is provided until a middle length of the intermediate portion” is not supported by the original disclosure. It appears in figures 1 and 2 that the second sintered body (7) fills over the groove (8). Since the groove (8) extends entirely from the condenser to the evaporator, there is no second sintered body (7) that does not fill over the grooves (7).
Regarding claim 17, the claimed limitation of “only the groove where the second sintered body layer are not filled are provided on the entire length of the intermediate portion” is not supported by the original disclosure. It appears in figure 1A that the groove (8) extends entirely from the condenser to the evaporator Furthermore, applicant discloses (figure 1A) that the second sintered body layer (7) extends to a middle section of intermediate portion (5) and fill over the groove up to the middle portion of the intermediate portion. Therefore, there is no entire length of the intermediate portion of that is not filled over by the second sintered body.
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 1-3,5-7,9-10,12-13,16 and 17 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. Regarding claim 1, the limitation of “ a middle length of the intermediate portion” and “ a rest of the middle length of intermediate portion” renders the scope of the claim indefinite since it is not clear whether applicant refers “ a middle length” and “the middle length” to a mid-section of the intermediate portion or “middle length” is a length of intermediate portion, which extends between the condenser and the evaporator.
Moreover, the limitation of “the second sintered body which does not fill over the grooves is provided until a middle length” in combination of “the heat pipe is provided with grooves extending continuously from the condensing portion to the evaporating portion” renders the scope of the claim indefinite since it is not clear whether applicant is claiming that “the second sintered body which does not fill over the grooves”, has a structure of the second sintered body but has no groove underneath it or “the second sintered body which does not fill over the grooves” is portion absent of second sintered body but grooves only.
Furthermore , the limitation of “a vapor flow of the working fluid of the gas phase changed in phase in the evaporation part and a liquid phase changed in phase in the condensation part are coexist at a rest of the middle length of intermediate portion without intervening by the second sintered body layer” renders the scope of the claim indefinite since it is not clear the structural limitation of the phrase “coexist … without intervening by the second sintered body layer”. It is not clear whether applicant is claiming that the second sintered body layer is not in contact or do not separate the vapor from the liquid or the liquid phase do not flow through the second sintered body layer at “a rest of the middle length of intermediate portion”.
Regarding claim 17, the limitation of “only the groove where the second sintered body layer are not filled are provided on the entire length of the intermediate portion” in combination with the limitation of “a second sintered body layer that is located to continuously extend to an inner peripheral surface of the intermediate portion” renders the scope of the claim indefinite since it is not clear how the second body layer being claimed to extend to an inner peripheral surface of the intermediate but also not there at the same time (only the groove where the second sintered body layer are not filled provided on the entire length of the intermediate portion, emphasis added in bold)
Claims 1-3,5-7,9-10, 12-13 and 16 are further rejected as can be best understood by the examiner in which in claim 1, the second sintered body which does not fill over the groove, is the second sintered body which is located in the evaporator section above the first sintered body. Furthermore, the limitation of “coexist… without intervening by the second sintered body layer” is understood as the second sintered body layer do not prevent any existing of the vapor flow or liquid flow in the intermediate portion.
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 1-3,5-7,9-10, 12-13 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Hou et al. (US 20070240858) in view of Kawahara (US 7,137,442). Hou discloses (figure 4) a heat pipe comprising a container (100) having an internal space in which a working fluid is sealed, the container including an evaporating portion (400) that evaporates a liquid phase working fluid to change the liquid phase working fluid into a gas-phase working fluid (paragraph 14); a condensing portion (600) that is disposed at a position separated from the evaporating portion and condenses the gas phase working fluid to change the gas-phase working fluid into a liquid-phase working fluid (paragraph 14); and an intermediate portion (500) located between the evaporating portion (400) and the condensing portion (600), the heat pipe including a first sintered body layer (210) that is located on an inner peripheral surface of the evaporating portion (400) of the container and comprises a product of sintering of a first powder; and a second capillary layer (220) that is located to continuously extend to an inner peripheral surface of the intermediate portion (5) and stacked on an inner peripheral surface of the first sintered body layer (210); and the heat pipe is provided with grooves (200) extending continuously from the condensing portion (600) to the evaporation portion (400) (paragraph 15).
Hou further discloses (figure 4 and figure A, see below) that the liquid-phase working fluid is supplied to the first sintered body layer (210) disposed at the evaporation portion (400) both through a path passing through an inside of the second sintered body layer (220) and a path passing through the grooves (the groove extends from the condensing portion to the evaporation portion) , a part of the flow of the liquid phase working fluid flowing through the second sintered body layer hits against the first sintered body layer. (see figure A, a part of the flow hits against the first sintered layer 210 at the interface between the terminal end of the layer 210 and the layer 220 at the step portion of 220). Hou further discloses (figure 4) that the second sintered body layer which does not fill over the grooves is provided until a middle length of the intermediate portion (sintered body 220 disposed over the first sintered body 210 and not directly over the groove at the evaporator 400 extend to a length of the intermediate section 500) , and a vapor flow of the working fluid of the gas phase changed in phase in the evaporation part and a liquid phase changed in phase in the condensation part are coexist at a rest of the middle length of intermediate portion without intervening by the second sintered body layer. (figure 4, the vapor exist within the chamber of the heat pipe, and the liquid exist or to flow within the second sintered body, these two phases coexist and the the second sintered body layer 220 at the intermediate section 500 do not prevent them from existing).
Regarding claim 1, Hou does not disclose that the first sintered body layer (210) is copper sintered powder and the second capillary layer comprises a second copper powder having a larger particle size than the first copper powder. Kawahara discloses (figure 1 and figure 3, embodiment 2) a heat pipe that has an evaporating portion (8), intermediate portion (7) and a condensing portion (6), wherein the intermediate portion has first sintered copper powder (wick 5B) located thereon and the evaporating portion has a second sintered copper powder (wick 5A), wherein the second copper powder having a larger particle size than the first copper powder for a purpose of increasing a high capillary pressure at the evaporating portion and permitting smooth flow of the liquid back to the evaporator from the condenser or the intermediate portion (column 4, line 42-53). It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to use Kawahara’s teaching in Hou’s device for a purpose of increasing a high capillary pressure at the evaporating portion and permitting smooth flow of the liquid back to the evaporator from the condenser or the intermediate portion.
the device of Hou in combination with Kawahara discloses (figure 4) that the inner peripheral surface of the first sintered body layer (210) is provided closer to a central position of the internal space of the container than a boundary surface position located in the intermediate portion where the second sintered body layer and the inner peripheral surface of the container are in contact with each other. ( the boundary surface in the intermediate portion 5 between the groove 200 and the second copper powder (220 with the copper powder as taught by Karahara, is the at the bottom of the groove since copper powder fill the groove. Therefore, the wick 210 extend toward the center more than bottom of the groove).
Regarding claim 2, The combination device of Hou in view of Kawahara, with the employment of the second sinter body being second copper powder, discloses (figures 3 , 4A paragraphs 17 and 18) a plurality of grooves (200) extending entirely in a longitudinal direction of the container are formed on an inner peripheral surface of the container; and the wick layer (220, second copper powder with the teaching of Kawahara in Hou’s device) substantially isolates, at a position of the intermediate portion, a vapor flow of the gas-phase working fluid, which has undergone a phase change the evaporating portion (wick layer 220 separates the vapor flow above the wick layer from the liquid flow in the groove, beneath the wick layer), from a liquid flow of the liquid -phase working fluid, which has undergone a phase change by the condensing portion, and the liquid flow has a path passing through the plurality of grooves and a path passing through an internal cavity of the second sintered body layer. ( paragraph 16, the grooves 200 allows fluid to flow from the condenser part 600 and the intermediate part 500 back to the evaporation part 400).
Regarding claim 3, Hou discloses (paragraph 17) that the first sintered body layer is filled in at least one part of the grooves. (filling the powders into the grooves).
Regarding claims 5, 9 and 12, Hou discloses (figure 4 and paragraph 17) the first sintered body layer is provided so as to include a side of the container with respect to a virtual inner peripheral surface obtained by imagining a case where the grooves are not formed in the evaporating portion of the container. (the copper powder 210 is in contact with the inner peripheral surface of the container 100)
Regarding claims 6, 10, 13 and 16, the combination device of Hou and Kawahara discloses (figure 4) that the second sintered body layer (220, with the employment of copper powder as taught by Karahara) extends so as to be in contact with both the inner peripheral surface of the first sintered body layer (220 is on top of 210, shown in figure 4) and the inner peripheral surface of the intermediate portion. (220 is in contact with the inner peripheral surface of the intermediate portion 500).
Regarding claim 7, the combination device of Hou and Kawahara discloses (figures 3 and 4) that liquid flow of the liquid-phase working fluid (liquid flows back from the condenser 600, 500 to the evaporator 400) is divided into a path passing through the plurality of grooves extending in the longitudinal direction of the container and a path passing through an internal cavity of the second sintered body layer. (liquid flow through the grooves 200 and the voids within the wick 220 from condenser 500 to evaporator 400, paragraph 17).
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Figure A: the modified figure corresponds to figure 4 with limitations shown.
NOTE: Regarding claim 17, due to the 112th indefinite issue that there would be no meaningful prior art search to look for an intermediate portion that its entirely, do not have a second sintered body layer but also the intermediate portion that has a second sintered body layer extend to an inner peripheral surface of the intermediate portion. (see 112th rejection above for detail).
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.
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/THO V DUONG/Primary Examiner, Art Unit 3763
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