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 .
Election/Restrictions
Applicant’s election without traverse of Invention I (Claims 1-17) and Species A (Figures 2-3) in the reply filed on 11/19/2025 is acknowledged.
Claims 4-8, 16, and 18-20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 11/19/2025.
Status of Claims
The status of the claims as filed in the submission dated 11/19/2025 are as follows:
Claims 1-20 are pending;
Claims 4-8, 16, and 18-20 are withdrawn from consideration;
Claims 1-3, 9-15, and 17 are being examined.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked. As explained in MPEP § 2181, subsection I, claim limitations that meet the three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Currently, no claim limitations invoke 112(f).
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.
Claims 1, 3, 9-15, and 17 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Duong (US2019/0315501A1, as cited in the IDS).
Re Claim 1. Duong teaches an adaptable oscillating heat pipe system (100) comprising (Figures 1-3B):
an oscillating closed loop heat pipe (114a-b) configured for movement of a fluid in an internal passage (interior of 114a-b as seen in Figures 2B-2D) in the closed loop to transfer heat from a first portion (106, heat input region) of the closed loop to a second portion (112, heat rejection region) (Figure 1A-2D; Paragraphs 33-40, 47, 48); and
a shape memory alloy component (108) arranged at a portion of the internal passage (Figures 1A-B; The shape memory alloy 108 is at the internal passage 114a since 114a is formed in the surface of 108), wherein the shape memory alloy component is configured to oscillate between a first shape (Figure 3A) and a second shape (Figure 3B), wherein in the first shape the shape memory alloy component causes the portion of the internal passage to have a first fluid flow profile (i.e. bent), wherein in the second shape the shape memory alloy component causes the portion of the internal passage to have a second fluid flow profile (i.e. straight), wherein oscillation of the shape memory alloy component is a function of temperature at the shape memory alloy component (Figures 1-3B; Paragraphs 36, 42-43, 50-54).
Re Claim 13. Duong teaches an adaptable oscillating heat pipe system (100) comprising (Figures 1-3B):
a heat source (302) (Figures 3A-B; Paragraph 51);
a heat sink (ambient at 112) configured to absorb heat (Figures 1-3B; Paragraph 51);
an oscillating closed loop heat pipe (114a-b) with a first portion (108) of the heat pipe arranged adjacent the heat source and a second portion (112) of the heat pipe arranged adjacent the heat sink, wherein the heat pipe configured for movement of a fluid in an internal passage (interior of 114a as seen in Figures 2B-2D) in the closed loop to transfer heat from the first portion to the second portion (Figure 1A-2D; Paragraphs 33-40, 47, 48); and
a shape memory alloy component (108) arranged at a section of the internal passage (Figures 1A-B; The shape memory alloy 108 is at the internal passage 114a since 114a is formed in the surface of 108), wherein the shape memory alloy component is configured to oscillate between a first shape (Figure 3A) and a second shape (Figure 3B), wherein in the first shape the shape memory alloy component causes the section of the internal passage to have a first fluid flow profile (i.e. bent), wherein in the second shape the shape memory alloy component causes the section of the internal passage to have a second fluid flow profile (i.e. straight), wherein oscillation of the shape memory alloy component is a function of temperature at the shape memory alloy component (Figures 1-3B; Paragraphs 36, 42-43, 50-54).
Re Claim 3. Duong teaches the OHP is located inside a panel (100, 502), wherein the shape memory alloy component is in a portion of the panel adjacent a wall of the OHP at the portion of the OHP, wherein the wall of the OHP at the portion of the OHP is flexible (Figures 1-3B, 5; Paragraphs 36, 42-43, 50-54; Paragraph 61 teaches the panel is flexible).
Re Claim 9. Duong teaches a second shape memory alloy component arranged at a second portion of the internal passage, wherein the second shape memory alloy component is configured to oscillate between a third shape and a fourth shape, wherein in the third shape the second shape memory alloy component causes the second portion of the internal passage to have a third fluid flow profile, wherein in the fourth shape the second shape memory alloy component causes the second portion of the internal passage to have a fourth fluid flow profile, wherein oscillation of the second shape memory alloy component is a function of temperature at the second shape memory alloy component (Figures 1-3B, 5; Paragraphs 36, 42-43, 50-54; Paragraph 34 specifically teaches “one or more morphable regions 108”, wherein additional morphable regions would read on the recited second shape memory alloy component arranged at a second portion).
Re Claim 10. Duong teaches the second fluid flow profile and the fourth fluid flow profile are different (Figures 1-3B, 5; Paragraphs 34, 36, 42-43, 50-54; Different morphable regions 108 at different locations would have different flow profiles due to the separation of the two regions. It is noted that no specification recitation of profile shape or direction is recited).
Re Claim 11. Duong teaches the shape memory alloy component and the second shape memory alloy component are similar (Figures 1-3B, 5; Paragraphs 34, 36, 42-43, 50-54; Paragraph 34 teaches additional morphable regions 108 that are the same composition).
Re Claim 12. Duong teaches the shape memory alloy component is configured to line a section of an internal wall of the portion of the internal passage (Figures 1A-B; The shape memory alloy 108 is at the internal passage 114a since 114a is formed in the surface of 108. Thus the shape memory alloy lines a section of the internal wall of the internal passage)
Re Claim 14. Duong teaches the section of the internal passage comprises at least one of the entire first portion of the heat pipe or the entire second portion of the heat pipe (Figures 1-3B, 5; Paragraphs 34, 36, 42-43, 50-54).
Re Claim 15. Duong teaches a second heat source (at 106; Duong teaches a plurality of heat input zones and a heat source (302) at the heat input zones. Thus, if multiple heat input zones are recited, so to would multiple heat sources be recited. Therefore, Duong teaches a second heat source. Figures 1-3B; Paragraphs 34, 51), wherein the heat pipe has a third portion arranged adjacent the second heat source (Figures 1-3B; Paragraphs 34, 51; Any section adjacent to the second heat source would be considered the third portion since adjacent does not require direct connection); and
a second shape memory alloy component (108; Duong teaches a plurality of morphable regions. Thus, Duong teaches a second shape memory alloy component) arranged at a second section of the internal passage adjacent between the second heat source and the heat sink (Figure 1-3B; Paragraphs 34, 51; Any section within 100 is considered adjacent to another section since adjacent does not require a direct connection), wherein the second shape memory alloy component is configured to oscillate between a third shape and a fourth shape (Figures 3A-3B), wherein in the third shape the second shape memory alloy component causes the second section of the internal passage to have a third fluid flow profile, wherein in the fourth shape the second shape memory alloy component causes the second section of the internal passage to have a fourth fluid flow profile, wherein oscillation of the second shape memory alloy component is a function of temperature at the second shape memory alloy component (Figures 1-3B, 5; Paragraphs 36, 42-43, 50-54; Paragraph 34 specifically teaches “one or more morphable regions 108”, wherein additional morphable regions would read on the recited second shape memory alloy component arranged at a second portion with third and fourth profiles).
Re Claim 17. Duong teaches a second heat sink (at 112; Duong teaches a plurality of heat rejections areas. Thus, if multiple heat rejections areas are recited, so to would multiple heat sinks be recited. Therefore, Duong teaches a second heat sink. Figures 1-3B; Paragraphs 34, 51) configured to absorb heat, wherein the heat pipe has a third portion arranged adjacent the second heat sink (Figures 1-3B; Paragraphs 34, 51; Any section adjacent to the second heat source would be considered the third portion since adjacent does not require direct connection); and
a second shape memory alloy component (108; Duong teaches a plurality of morphable regions. Thus, Duong teaches a second shape memory alloy component) arranged at a second section of the internal passage extending between the heat source and the second heat sink (Figure 1-3B; Paragraphs 34, 51; Any section within 100 is considered adjacent to another section since adjacent does not require a direct connection), wherein the second shape memory alloy component is configured to oscillate between a third shape and a fourth shape, wherein in the third shape the second shape memory alloy component causes the second section of the internal passage to have a third fluid flow profile, wherein in the fourth shape the second shape memory alloy component causes the second section of the internal passage to have a fourth fluid flow profile, wherein oscillation of the second shape memory alloy component is a function of temperature second shape memory alloy component (Figures 1-3B, 5; Paragraphs 36, 42-43, 50-54; Paragraph 34 specifically teaches “one or more morphable regions 108”, wherein additional morphable regions would read on the recited second shape memory alloy component arranged at a second portion with third and fourth profiles).
Allowable Subject Matter
Claim 2 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter:
Claim 2 recites “the shape memory alloy component comprises a sleeve located in an interior of the portion of the OHP”. The shape memory alloy of Duong is formed as a portion of the plate, and thus the shape memory alloy of Duong cannot be a sleeve inside the OHP. Modifying the shape memory alloy of Duong to be a sleeve would change the principal operation of Duong and thus such a modification is rendered non-obvious.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See attached PTO-892 for other relevant prior art.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TRAVIS C RUBY whose telephone number is (571)270-5760. The examiner can normally be reached M-F: 9AM-5PM.
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/TRAVIS RUBY/Primary Examiner, Art Unit 3763