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 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.
Response to Arguments
Applicant's arguments filed 2/5/26 have been fully considered but they are not persuasive. Contrary to Applicant’s arguments, the arguments support that Wang (CN 215529697) does in fact anticipate the claimed invention for the following reasons:
Applicant presents arguments as that “the capillary structure member 4 taught by Wang cannot be configured as a solid annular element as can the annular element 6 of Applicant's invention” and includes the advantages of having of a solid annular element. However, Applicant has not presented any claims that restricts “at least one annular element” to be a solid. In fact dependent claims 10-14 require just the opposite, that “the at least one annular element is a porous structure.” “When a claim covers several structures or compositions, . . . generically . . ., the claim is deemed anticipated if any of the structures or compositions within the scope of the claim is known in the prior art.” Brown v. 3M, 265 F.3d 1349, 1351, 60 USPQ2d 1375, 1376 (Fed. Cir. 2001). Therefore, “at least one annular element” of claim 1 allows for a solid structure, as argued, but also for a porous structure as taught by Wang. In fact dependent claims 10-14 further define the “at least one annular element” to be a porous structure.
Applicant further argues “the effect of the capillary structure member 4 taught by Wang is limited to shortening the return path of the working fluid and reducing flow resistance so as to improve the circulation efficiency of the working fluid” which supports that Wang provides the same benefits of that are claimed, that of “the at least one annular element and the third wick structure guide the working fluid condensed in the at least one heat pipe to flow to the first wick structure in the vapor chamber faster along a shortened path using reduced time and accordingly, enables the combination heat dissipation unit to have upgraded two-phase heat exchange efficiency.”
Applicant argues “the third capillary structure 2 is in contact with the capillary structure member 4, it does not contact the open end of the heat conduction pipe 3 or the first capillary structure 31.” There is no claimed requirement that the claimed third wick structure (i.e., Wang’s element 2) has to contact either the claimed heat pipe (i.e., Wang’s element 3) or the second wick structure (i.e., Wang’s element 31). Applicant is arguing a relationship, which in this case is a negative relationship, that has not claimed.
d. Applicant argues “Wang's capillary structure member 4 focuses on enhancing the return efficiency of the working fluid. In comparison, the annular element 6 of Applicant's invention simultaneously addresses improvements in both structural strength and return flow efficiency.” This argument appears to be based upon an unclaimed feature that the at least annular element 6 is a solid structure rather than a porous structure. The Examiner believes that this is argument is being presented because the Applicant is equating porous to being easily compressible (or soft). However there are rigid porous structures made out of sintered powder materials that are commonly used as wicking (or capillary) materials.
Claim Interpretation
The claimed term “an airtight chamber” is understood as combination of the chamber inside of the vapor chamber 3 (disclosed as element 33) and heat pipe chamber 44.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the “third wick structure” (claim 1, line 6) must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because:
reference characters "125" and "5" have both been used to designate “a first wick structure” (“first wick structure” in the prior art 125 is located on upper plate member 121 and in the invention of fig. 3, 5 is located on the lower plate member 32); and
reference characters "126" and "44" have both been used to designate “a second wick structure” (“second wick structure” in the prior art 126 is located on lower plate member 122 and in the invention of fig. 3, 44 is located within the heat pipe 4).
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
The disclosure is objected to because of the following informalities:
Page 9, line 23, “62” should be “61”; and
“third wick structure” in prior art (fig.1) is 115 within pipe 11, and in the disclosed invention of fig. 3 is on an inner surface of the upper side wall 31 (p. 9, ll. 21-23);
Appropriate correction is required.
Claim Objections
Claims 3, 4, and 14 are objected to because of the following informalities:.
Claim 3, line 5; and Claim 4, line 2, “structure” should be “structures”; and
Applicant is advised that should claim 10 be found allowable, claim 14 will be objected to under 37 CFR 1.75 as being a substantial duplicate thereof. When two claims in an application are duplicates or else are so close in content that they both cover the same thing, despite a slight difference in wording, it is proper after allowing one claim to object to the other as being a substantial duplicate of the allowed claim. See MPEP § 608.01(m).
Appropriate correction is required.
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 1-4, 6, 7, 10-12 and 14 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, lines 20-23 requires “the third wick structure guide the working fluid condensed in the at least one heat pipe to flow to the first wick structure in the vapor chamber.” The specification at page 9, lines 24-26 states “[t]he working fluid condensed in the heat pipe chamber 43 diffuses into the vapor chamber 3 via the annular element 6 and quickly flows back to the vaporizing zone.” There is no mention of the third wick structure guiding the condensed working fluid to the first wick structure 5 as claimed.
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 1-4, 6, 7, 10-12 and 14 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 term “faster” (claim 1, line 23), “shortened” (claim 1, line 23), “reduced” (claim 1, line 23) are a relative terms which renders the claim indefinite. The term “faster”, “shortened” and “reduced” are not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. What structure is used for the comparison that enables the condensed working fluid to flow to the first wick structure in the vapor chamber faster along a shortened path using reduced time and accordingly, enables the combination heat dissipation unit to have upgraded two-phase heat exchange efficiency?
Claim 3, line 4 requires “two opposite end surface” and Claim 1, lines 8-9 requires “an upper end surface.” Are the “two opposite end surface” in addition to “an upper end surface” of claim 1, or does “two opposite end surface” include “an upper end surface” of claim 1 ?
Claim 6, lines 2-3 and Claim 1, lines 8-9 each require “an upper end surface.” Are these the same or different upper end surfaces? and
Claim 7, lines 5 and 6 each require “a hole size.” Are these the same or different hole sizes?
Claim Rejections - 35 USC § 102
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.
Claims 1-3, 6, 7, 10-12, and 14 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Wang (CN 215529697) (paragraph numbers are from EPO Espacenet English's translation of CN 215529697)
With respect to Claim 1, Wang teaches a combination heat dissipation unit (fig. 3) comprising: a vapor chamber (fig. 3, 1 which includes the top plate and 6) having a lower side wall (6) with a first wick structure (2 and ¶[0025], “second capillary structure) provided on an inner surface (fig. 3, upper surface of 6) of the lower side wall and an upper side wall (fig. 3, top plate of 1) with at least one through hole (fig. 3, holes in top plate of 1 for 3) extending through the upper side wall and with a third wick structure (2) arranged on an inner surface (fig. 3, lower surface of top plate of 1) of the upper side wall; and the vapor chamber including at least one annular element (fig. 4, 4) corresponding (see fig. 3) to the at least one through hole and the at least one annular element having an upper end surface (fig. 5, upper portion of 4 including top of 42, horizontal steps between 42 & 43 and 43 & 44, and diameters 42 & 43) arranged in contact with (see fig. 3, 2 rests on the horizontal step between 43 and 44 and therefore contacts 2, 2 is on the inside surface of 1) the third wick structure; at least one heat pipe (3) internally defining a heat pipe chamber (fig. 3, inside of 3), which is communicable with (see fig. 3) the vapor chamber; the at least one heat pipe having two ends (fig. 3, top and bottom ends of 3), one (fig. 3, top of 3) of which is a closed end (see fig. 3) and another one (fig. 1, bottom of 3) is an open end (see fig. 3), the open end of the at least one heat pipe being correspondingly inserted into (see fig. 3) the at least one through hole to directly abut (¶[0049], abuts against 42) on the upper end surface of the at least one annular element; the at least one annular element providing axial supporting, locating and propping to the open end of the at least one heat pipe and thereby giving the combination heat dissipation unit enhanced overall structural strength and defining an airtight chamber (fig. 3, within 1,6 and 3); and a working fluid (¶[0002], working fluid) filled in the airtight chamber, wherein the at least one annular element and the third wick structure guide (“at least one annular element” - ¶[0040], “the liquid working fluid” enters the capillary structure 4 through the first capillary structure 31 and then enters the second capillary structure from the capillary structure 4”; “the third wick structure -¶[0009], “the third capillary structure is connected to the second capillary structure”; also see 35 USC 112a rejection above) the working fluid condensed in the at least one heat pipe to flow to (¶[0018], “a liquid working fluid. Then, it flows directly back to the second capillary structure of the heat-absorbing component”) the first wick structure in the vapor chamber faster (¶[0018], along a shortened path (¶[0018], “the return distance is shortened”) using reduced time and accordingly, enables the combination heat dissipation unit to have upgraded two-phase heat exchange efficiency.
With respect to Claims 2, 3, 6, 7, 10-12, and 14, Wang further teaches the at least one through hole formed on the vapor chamber includes an axially outward and upward protruded flange (see fig. 3, 1 has an axially outward and upward protruded flange for each 3) (claim 2), the heat pipe chamber is provided on an entire inner wall surface (see fig. 3, inside entirety of 3) of the heat pipe chamber with a second wick structure (31); and the at least one annular element (4) having two opposite end surfaces (1st ends surface - fig. 5, upper portion of 4 including top of 42, horizontal steps between 42 & 43 and 43 & 44, and diameters 42 & 43; 2nd end surface – fig. 5, bottom of 44) that are in contact with (1st wick structure - ¶[0037], “The capillary component 4 is directly . . . connected to . . . the second capillary structure”; 2nd wick structure - ¶[0040], “the liquid working fluid” enters the capillary structure 4 through the first capillary structure 31 and ¶[0043], “the first capillary structure 31 can be at least partially in contact with the capillary component 4”) the first and with the second wick structure[s], respectively (claim 3),the at least one annular element has an upper end surface (fig. 5, upper portion of 4 including top of 42, horizontal steps between 42 & 43 and 43 & 44, and diameters 42 & 43) and a lower end surface (fig. 5, bottom of 44) and an axial bore (fig. 5, bore thru 4); and the axial bore being axially formed on (see fig. 5) the at least one annular element to extend through the upper and the lower end surface of the at least one annular element (claim 6), the at least one annular element is located corresponding to (see fig. 3) the at least one through hole and is concentric with (see fig. 3) the at least one through hole; the axial bore of the at least one annular element having a bore size (fig. 5, diameter of bore thru 4) smaller than a hole size (fig. 1, inside diameter of flange of 1) of the at least one through hole; and the at least one annular element having an outer diameter (fig. 5, diameter of 44) larger than a hole size (fig. 5, diameter of bore thru 4) of the at least one through hole (claim 7) and the at least one annular element is a porous structure (¶[0031], 4 has capillary structure, capillaries are porous to allow fluid to flow therethrough) (claims 10-12 and 14).
Claim Rejections - 35 USC § 103
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 of this title, 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 4 is rejected under AIA 35 U.S.C. 103 as being unpatentable over Wang (CN 215529697) and Nitta (US 7,540,318).
Wang discloses the claimed invention except for the first and the second wick structure[s] are formed of a sintered powder material. Nitta teaches the first (fig. 2. 12A on bottom of 11A) and the second wick structure[s] (12B) are formed of a sintered powder material (col. 2, l. 58, “sintered powder” is interpreted as a product-by-process limitation where the “sintered powder” becomes fused into a porous structure during the process of fabricating the first and second wick structures. See MPEP 2113). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to substitute the first and second wick structures of Nitta for that of Wang for the purpose of providing an economical means for fabricating a porous structure so that condensed liquid can return to a vapor chamber.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure discloses support elements (2011) contacting wicking structures of the upper and lower side walls and the heat pipe, but fails to disclose an annular element. US 12,516,890, 2025/0176140, 2025/0354762 and 2025/0354763 are related inventions by the assignee.
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RJH 2/21/2026
/ROBERT J HOFFBERG/
Primary Examiner, Art Unit 2835