DETAILED ACTION
Amendments filed on 1/12/2026 have been entered. New claims 21, 22 and claims 12, 13 cancelled.
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 .
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 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.
Claims 1-7, 9-11, 21, 22 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Gerlach (US 8,584,735 B2).
Claim 1: Gerlach discloses a cold plate having a top, a bottom, a first end, a second end opposite the first end, and a plurality of channels therein, the cold plate comprising:
first and second inlet ports (inlets 318 or 18) positioned along the first end (first end is at left side of the plate in FIG.1) adjacent to the bottom (first/second inlets 18 at one end of the bottom row in FIG.1 are adjacent to the bottom wall 44);
a third inlet port (318’ or 18) positioned along the second end (second end is at the right side of the plate in FIG.1) adjacent to the bottom (third inlet 18 at other end of the bottom row in FIG.1 adjacent to the bottom wall 44);
first and second outlet ports (outlets 320 or 20) positioned along the second end (second end is at the right side of the plate in FIG.1) adjacent to the top (first/second outlets 20 at the other end of the top row in FIG.1 are adjacent to the top wall 44), wherein the first and second outlet ports (320) are of greater height and width (ports are circular while channels are conical, channels are narrow at respective inlets and wide at respective outlets col.4 lines 39-41, therefore diameter of outlet ports is larger than the diameter of inlet ports) than the first and second inlet ports (318);
a third outlet port (320’ or 20) positioned along the first end adjacent to the top (third outlet 20 at the one end of the top row in FIG.1 adjacent to the top wall 44), wherein the third outlet port (320’) is of greater height and width than (ports are circular while channels are conical, channels are narrow at respective inlets and wide at respective outlets col.4 lines 39-41, therefore diameter of outlet ports is larger than the diameter of inlet ports) the third inlet port (318’);
a first channel (316a or 16; annotated FIG.5) running between the first inlet port (318) and the first outlet port (320);
a second channel (annotated FIG.5) running between the second inlet port (318) and the second outlet port (320); and
a third channel (annotated FIG.5) running between the third inlet port (318’) and the third outlet port (320’), the third channel located at least partially between the first and second channels (see FIG.5).
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Claim 2: Gerlach discloses the apparatus as claimed in claim 1, wherein the channels each (316) have an internal cross-sectional area larger than (col.4 lines 39-41: channels cross sectional area are wide and the cross sectional area at the inlets are narrow) the inlet ports (inlets 318).
Claim 3: Gerlach discloses the apparatus as claimed in claim 1, wherein the channels each (316) have an internal cross-sectional area larger than (to clarify, channels cross sectional area is larger than cross sectional area of outlets) the outlet ports (outlets 320).
Claim 4: Gerlach discloses the apparatus as claimed in claim 1, wherein the first and second channels (316a/annotated FIG.5) are identical and parallel (see annotated FIG.5).
[AltContent: textbox (second channel)][AltContent: textbox (320-first outlet)][AltContent: connector][AltContent: connector][AltContent: textbox (third channel)][AltContent: textbox (first channel)][AltContent: textbox (318-first inlet )]
[AltContent: textbox (316a)][AltContent: connector][AltContent: connector][AltContent: connector][AltContent: textbox (fourth channel)][AltContent: connector][AltContent: textbox (318’)][AltContent: connector][AltContent: textbox (fourth inlet )][AltContent: connector][AltContent: textbox (fourth outlet)][AltContent: connector][AltContent: textbox (second outlet)][AltContent: connector][AltContent: textbox (third outlet)][AltContent: textbox (second inlet )][AltContent: textbox (318)][AltContent: connector][AltContent: connector][AltContent: textbox (third inlet )][AltContent: connector][AltContent: connector][AltContent: textbox (320’)][AltContent: connector]
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Claim 5: Gerlach discloses the apparatus as claimed in claim 1, wherein the third channel (annotated FIG.6) is identical, but oppositely oriented (as shown in annotated FIG.6 channels alternating and oriented differently), to the first channel (annotated FIG.6).
[AltContent: textbox (first channel)][AltContent: textbox (third channel)][AltContent: connector]
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Claim 6: Gerlach discloses the apparatus as claimed in claim 1, wherein the channels (316) are configured to minimize pressure drop of a refrigerant (functional language) as the refrigerant changes phase from liquid to vapor (col.3 lines 15-50: phase change coolant a refrigerant within interior volume) flowing from the inlet ports (inlets 318) to the outlet ports (outlets 320).
Claim 7: Gerlach discloses the apparatus as claimed in claim 1, wherein the first and second inlet ports (inlets 318) are fluidically coupled by a first manifold (322) adjacent to the bottom of the first end (right end in FIG.5) of the cold plate (10) and wherein the first and second outlet ports (outlets 320) are fluidically coupled by a second manifold (322’) adjacent to the top of the second end (left end in FIG.5) of the cold plate (10).
Claim 9: Gerlach discloses the apparatus as claimed in claim 1, wherein the cold plate (10) is configured to receive refrigerant, in a liquid phase (col.3 lines 15-50), into both the first and second ends (right/left end in FIG.5); and wherein the cold plate is configured to transmit the refrigerant, in a vapor phase (col.3 lines 15-50), from both the first and second ends (right/left end in FIG.5).
Claim 10: Gerlach discloses the apparatus as claimed in claim 1, further comprising
a fourth inlet port (318’ annotated FIG.5) positioned along the second end (left end in FIG.5) adjacent to the bottom;
a fourth outlet port (320’ annotated FIG.5) positioned along the first end (right end in FIG.5) adjacent to the top,
wherein the fourth outlet port (320’ annotated FIG.5) is of greater height and width than (ports are circular while channels are conical, channels are narrow at respective inlets and wide at respective outlets col.4 lines 39-41, therefore diameter of outlet ports is larger than the diameter of inlet ports) the fourth inlet port (318’ annotated FIG.5); and
a fourth channel (316b annotated FIG.5) running between the fourth inlet port (318’ annotated FIG.5) and the fourth outlet port (320’ annotated FIG.5), identical and parallel to the third channel (316 annotated FIG.5), the fourth channel (316b annotated FIG.5) located adjacent to the second channel (316 annotated FIG.5).
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Claim 11: Gerlach discloses the apparatus as claimed in claim 1, wherein the second channel (annotated FIG.6) is different from the first channel (annotated FIG.6).
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Claim 21: Gerlach discloses the apparatus as claimed in claim 1, wherein the first, second, and third inlet ports are positioned adjacent to the bottom (first/second inlets 18 at one end of the bottom row in FIG.1 are adjacent to the bottom wall 44) of the cold plate and spaced apart from the top of the cold plate (bottom row of inlets 18 adjacent to the bottom wall 44 spaced from top wall 44 in FIG.1); and wherein the first, second, and third outlet ports are positioned adjacent to the top of the cold plate (first/second outlets 20 at the other end of the top row in FIG.1 are adjacent to the top wall 44) and spaced apart from the bottom of the cold plate (outlets 20 of the top row in FIG.1 are adjacent to the top wall 44 spaced from the bottom wall 44).
Claim 22: Gerlach discloses the apparatus as claimed in claim 1, wherein walls (annotated FIG.5; column 4 lines 50: walls of channels 316a/316b) between the channels (316a; see annotated FIG.5) are thinner near a center of the cold plate than walls nearer to sides of the cold plate (Gerlach discloses the walls, except for walls are thinner near a center of the cold plate than walls nearer to sides of the cold plate. Based on broadest reasonable interpretation, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention was made to modify the apparatus of Gerlach to include walls are thinner near a center of the cold plate than walls nearer to sides in order to enhance turbulent flow of channels, since it has been held that discovering an optimum value of a result effective variable involves only routine skill in the art - Optimum value: MPEP 2144.05 II-B).
[AltContent: textbox (walls)][AltContent: connector][AltContent: connector]
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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 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.
The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over in view of Gerlach (US 8,584,735 B2), in view of Muneishi (US 2019/0390912 A1).
Claim 8: Gerlach discloses the apparatus as claimed in claim 7, wherein the third inlet port (318’) is fluidically adjacent to the bottom of the second end (left end in FIG.5) of the cold plate (10), the second manifold (322’), wherein the third outlet port (320’) is fluidically coupled and adjacent to the top of the first end (right end in FIG.5) of the cold plate, above the first manifold (322).
Gerlach discloses the claimed limitations in claim 8, but fails to disclose the third inlet port is fluidically coupled to a third manifold below the second manifold, and the third outlet port is fluidically coupled to a fourth manifold, above the first manifold.
However, Muneishi teaches the third inlet port (inlet is opening on the left side of 1c) is fluidically coupled to a third manifold (1c used as third manifold) below the second manifold (1b used as second manifold) for the purpose of providing a configuration having excellent heat exchange efficiency (paragraph [25]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention was made to modify the invention of Gerlach to include the third inlet port is fluidically coupled to a third manifold below the second manifold in order to provide a configuration having excellent heat exchange efficiency.
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Further, Muneishi teaches the claimed limitations, except for the third outlet port is fluidically coupled to a fourth manifold, above the first manifold. It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention was made to further modify the apparatus of Muneishi to include a fourth manifold is fluidically coupled to the third outlet port, above the first manifold of Gerlach in order to enhance heat exchange efficiency, since it has been held that mere duplication of the essential working parts of a known device involves only routine skill in the art Duplication of parts: MPEP 2144.04 VI-B.
Claims 14-17, 19, 20 are rejected under 35 U.S.C. 103 as being unpatentable over in view of Gerlach (US 8,584,735 B2).
Claim 14: Gerlach discloses a cold plate having a top, a bottom, a first end, a second end opposite the first end, and a plurality of channels therein, the cold plate comprising:
first and second inlet ports (inlets 318 or 18) positioned along the first end (at left end in FIG.1; rows of inlets 18);
a third inlet port (318’ or 18) positioned along the second end (at right end in FIG.1), wherein the first, second, and third inlet ports (18) are positioned adjacent to the bottom of the cold plate and spaced apart from the top of the cold plate (bottom row of inlets 18 adjacent to the bottom wall 44 spaced from top wall 44 in FIG.1);
first and second outlet ports (outlets 320 or 20) positioned along the second end (left end in FIG.5), wherein the first and second outlet ports (outlets 320) are of greater cross sectional area than (ports are circular while channels are conical, channels are narrow at respective inlets and wide at respective outlets col.4 lines 39-41, therefore diameter of outlet ports is larger than the diameter of inlet ports) the first and second inlet ports (318 or 18);
a third outlet port (320’ or 20) positioned along the first end (right end in FIG.5), wherein the third outlet port (320’ or 20) is of greater cross sectional area than (ports are circular while channels are conical, channels are narrow at respective inlets and wide at respective outlets col.4 lines 39-41, therefore diameter of outlet ports is larger than the diameter of inlet ports) the third inlet port (318’), wherein the first, second, and third outlet ports are positioned adjacent to the top of the cold plate and spaced apart from the bottom of the cold plate (outlets 20 of the top row in FIG.1 are adjacent to the top wall 44 spaced from the bottom wall 44);
a first channel (316a annotated FIG.5) running between the first inlet port (318) and the first outlet port (320);
a second channel (annotated FIG.5) running between the second inlet port (318) and the second outlet port (320); and
a third channel (annotated FIG.5) running between the third inlet port (318’) and the third outlet port (320’), the third channel (annotated FIG.5) located between the first (316a annotated FIG.5) and second channels (annotated FIG.5), wherein a first channel wall (annotated FIG.6), between the first channel (annotated FIG.6) and the third channel (annotated FIG.6), a second channel wall (annotated FIG.6), between the second channel (annotated FIG.6) and the third channel (annotated FIG.6).
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Gerlach discloses the claimed limitations in claim 14, except for a first channel wall is thicker than a second channel wall. It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention was made to modify the apparatus of Gerlach to include a first channel wall is thicker than a second channel wall in order to enhance heat exchange efficiency, since it has been held that discovering an optimum value of a result effective variable involves only routine skill in the art - Optimum value: MPEP 2144.05 II-B)
Claim 15: Gerlach as modified discloses the apparatus as claimed in claim 14, wherein the first and second channels (316a/annotated FIG.5) are identical and parallel (see annotated FIG.5).
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Claim 16: Gerlach as modified discloses the apparatus as claimed in claim 14, wherein the third channel (annotated FIG.6) is identical, but oppositely oriented (as shown in annotated FIG.6 channels alternating and oriented differently), to the first channel (annotated FIG.6).
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Claim 17: Gerlach as modified discloses the apparatus as claimed in claim 14, wherein the first and second inlet ports (inlets 318) are fluidically coupled by a first manifold (322) adjacent to the first end (right end in FIG.5) of the cold plate (10), and wherein the first and second outlet ports (outlets 320) are fluidically coupled by a second manifold (322’) adjacent to the second end (left end in FIG.5) of the cold plate (10).
Claim 19: Gerlach as modified discloses the apparatus as claimed in claim 14, wherein the cold plate (10) is configured to receive refrigerant, in a liquid phase (col.3 lines 15-50), into both the first and second ends (right/left end in FIG.5); and wherein the cold plate is configured to transmit the refrigerant, in a vapor phase (col.3 lines 15-50), from both the first and second ends (right/left end in FIG.5).
Claim 20: Gerlach as modified discloses the apparatus as claimed in claim 14, further comprising a fourth channel (316b annotated FIG.5) running between a fourth inlet port (318’ annotated FIG.5) and a fourth outlet port (320’ annotated FIG.5);
wherein the fourth inlet port (318’ or 18) is positioned along the second end (at right end in FIG.1) and the fourth outlet port (320’ or 20) is positioned along the first end (right end in FIG.5);
wherein the fourth channel (316b annotated FIG.5) is located adjacent the second channel (316 annotated FIG.5);
wherein a third channel wall (annotated FIG.6), between the second channel (annotated FIG.6) and the fourth channel (annotated FIG.6; to clarify, the channels and the walls are alternating, therefore the same annotated FIG.6 used, except modify the channel walls and the channels numberings due to alternating channels/walls), is thinner than (It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention was made to further modify the apparatus of Gerlach to include a third channel wall is thinner than a second channel wall in order to enhance heat exchange efficiency, since it has been held that discovering an optimum value of a result effective variable involves only routine skill in the art - Optimum value: MPEP 2144.05 II-B) the second channel wall (annotated FIG.6);
wherein the second channel wall (column 3 line 5-6: walls 44 extend around interior volume 46) is nearer a center (annotated FIG.2) of the cold plate than the first channel wall (annotated FIG.2); and wherein the third channel wall (annotated FIG.2) is nearer the center of the cold plate than the second channel wall (annotated FIG.2).
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[AltContent: connector][AltContent: textbox (first channel)][AltContent: connector][AltContent: textbox (second channel)][AltContent: connector][AltContent: textbox (third channel)][AltContent: textbox (center)][AltContent: arrow]
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Claim 18 is rejected under 35 U.S.C. 103 as being unpatentable over in view of Gerlach (US 8,584,735 B2), in view of Eda (US 2024/0418448 A1).
Claim 18: Gerlach as modified discloses the apparatus as claimed in claim 17, wherein the third inlet port (318’) is fluidically coupled adjacent to the second end (left end in FIG.5) of the cold plate (10), the second manifold (322’) adjacent to the first end (right end in FIG.5) of the cold plate (10), the first manifold (322).
Gerlach discloses the claimed limitations in claim 18, but fails to disclose the third inlet port is fluidically coupled to a third manifold, meshed with the second manifold, and wherein the third outlet port is fluidically coupled to a fourth manifold, meshed with the first manifold.
However, Eda teaches the third inlet port (6) is fluidically coupled to a third manifold (51; paragraph [80]: supply pipe 6 to supply coolant into pipe 2 of pipe group 21 flows into portion 51), meshed with the second manifold (52), and wherein the third outlet port (7) is fluidically coupled to a fourth manifold (43), meshed with the first manifold (42) (based on broadest reasonable interpretation, a manifold meshed with another manifold, provided within the analysis that meshing merely means being in working contact, such that two manifolds are in physical contact with one another through the partition joining the two together) for the purpose of increasing effect of amount of heat exchanged is further enhanced (paragraph [54]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention was made to further modify the invention of Gerlach to include the third inlet port is fluidically coupled to a third manifold, meshed with the second manifold, and wherein the third outlet port is fluidically coupled to a fourth manifold, meshed with the first manifold as taught by Eda in order to increase effect of amount of heat exchanged is further enhanced.
Response to Arguments
Applicant's arguments with respect to all the claims under Claim Rejections - 35 USC § 102 & 103 have been fully considered, but they are not persuasive.
Applicant’s arguments in regard to new amendments in claims 14 and 20 and new claims 21, and 22 are addressed in the office action above, please see the rejections of claims 14, 20-22.
Applicant’s argument on page 8: “Garlach’s inlet 18 is positioned along the bottom of one end, the corresponding outlet 20 is also positioned along the bottom not the top of the opposite end”. Similarly, Garlach’s outlet 20 is positioned along the top of one end, the corresponding inlet 18 is also positioned along the top not the bottom of the opposite end”.
Examiner respectfully disagrees, because firstly, the term “corresponding” is not claimed, secondly, outlets 20 at the other end of the top row in FIG.1 are adjacent to the top wall 44, and inlet 18 at one end of the bottom row in FIG.1 adjacent to the bottom wall 44. There are rows of inlets 18 and rows of outlets 20 in FIG.1, and first end is at the left side of the plate, and second end is at the right side of the plate in FIG.1.
Applicant’s argument on page 8: “Garlach does not show a channel running between an inlet port positioned along the first end adjacent to the bottom and an outlet port positioned along the second end adjacent to the top. Garlach fails to anticipate at least a first channel running between the first inlet port and the first outlet port as recited in claim 1”. As such the office has failed to properly establish a prima facie case of anticipation with respect to claim 1”.
Examiner respectfully disagrees, because as clearly indicated in the office action above first channel 316a is between inlet 318 at one and outlet 320 at the other end as shown in annotated FIG.5.
Applicant’s argument on page 12: “claim 14 is not directed to any specific value or range rather recites that one channel wall is thicker than another. Applicant has found no suggestion either expressly or impliedly in Garlach of one channel wall being thicker than another, or provide any rationale as to why one might desire such a configuration, as recited in claim 14”.
Examiner respectfully disagrees, because firstly, no specific value or no specific range is claimed, and secondly, this is apparatus claim which relying on structure, therefore based on broadest reasonable interpretation optimizing a value or range is obvious since it has been held that discovering an optimum value of a result effective variable involves only routine skill in the art in order to enhance heat exchange efficiency.
Conclusion
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 extension fee 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 KAMRAN TAVAKOLDAVANI whose telephone number is (313)446-6612. The examiner can normally be reached on M-F 8:00 am to 5:00 pm EST.
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, Len Tran can be reached on (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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/KAMRAN TAVAKOLDAVANI/Examiner, Art Unit 3763
/LEN TRAN/Supervisory Patent Examiner, Art Unit 3763
Prosecution Insights