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 with traverse of Group II, species ii (Fig. 4) in the reply filed on 3/16/2026 is acknowledged. The traversal is on the ground(s) that the restriction requirement alleges (without presenting evidence) friction welding or friction surfacing would result in the same product, which Applicant disputes.
The traversal with respect to the restriction of Groups I and II is found persuasive. Examiner agrees, and withdraws the restriction requirement with respect to Group I and II, as such an allegation requires evidence. Examiner is not aware of any evidence that would support or refute the claim made in the restriction requirement.
The traversal with respect to the election of species is not found persuasive, as Applicant does not present any arguments thereto.
The requirement is still deemed proper and is therefore made FINAL.
Claims 2, 6-7, 12, 16-17 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected invention, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 3/16/2026.
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, 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(s) 1, 3-5, 8-11, 13-15, 18-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hirano (WO2015019890A1) in view of Miles (US20170304933A1).
Regarding claim 1/11, Hirano teaches a method for forming a thermal energy transfer assembly (see 10 Fig. 14-18) and the thermal energy transfer assembly through which thermal energy is transferred, said method/assembly comprising: providing a substrate (first member 1G) made of a first material (aluminum – Page 1) which has a first thermal conductivity coefficient (approximately 237 W/mK), said substrate having a first surface and a second surface which is opposed to said first surface (top and bottom surfaces thereof); and applying a thermal energy transfer element (second member 2G), made of a second material (copper – Page 1) having a second thermal conductivity coefficient (approximately 401 W/mK) which is greater than said first thermal conductivity coefficient, to said substrate from said first surface using additive deposition (cold spray method, but notes other methods such as friction stir welding may be used – Page 4).
Hirano does not teach applying a thermal energy transfer element to said substrate from said first surface using additive friction stir deposition, such that said thermal energy transfer element extends into said substrate toward said second surface, wherein said thermal energy transfer element and said substrate meet together in a stir zone which comprises a mixture of both said first material and said second material.
Miles teaches (see Fig. 3H) applying a thermal energy transfer element (additive material 30) to said substrate (component 10) from said first surface using additive friction stir deposition (deposition of additive material…using a friction stir tool - ¶[0053]), such that said thermal energy transfer element extends into said substrate toward said second surface, wherein said thermal energy transfer element and said substrate meet together in a stir zone (perimeter 60 & “mixed” - ¶[0072-0073]) which comprises a mixture of both said first material and said second material.
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified Hirano to include the friction stir deposition of Miles, in order to provide a means of manufacturing that improves bonding of dissimilar materials (¶[0039-0041).
Regarding claim 3/13, Hirano as modified teaches the limitations of claim 1/11, and Hirano further teaches placing one of said second surface and said thermal energy transfer element in thermal communication with matter with which thermal energy is transferred (see either semiconductor 30 or fluid in contact with 21; Fig. 5).
Regarding claim 4/14, Hirano as modified teaches the limitations of claim 3/13, and Hirano further teaches said thermal communication is a thermal conduction arrangement (see heat sink 10 Fig. 14-18).
Regarding claim 5/15, Hirano as modified teaches the limitations of claim 3/11, and Hirano further teaches placing the other of said second surface and said thermal energy transfer element in thermal communication with a fluid which 1) provides thermal energy to said matter through said thermal energy transfer element or 2) extracts thermal energy from said matter through said thermal energy transfer element (see either semiconductor 30 or fluid in contact with 21; Fig. 5).
Regarding claim 8/18, Hirano as modified teaches the limitations of claim 3/11, and Hirano further teaches said second thermal conductivity coefficient measured in watts per meter Kelvin (W/mK) is at least 1.5 times said first thermal conductivity coefficient measured in W/mK (approximately 1.7 from thermal conductivity of copper & aluminum).
Regarding claim 9/19, Hirano as modified teaches the limitations of claim 3/11, and Hirano further teaches said thermal energy transfer element is a first thermal energy transfer element, said method further comprising: applying a plurality of thermal energy transfer elements (see Fig. 17) made of said second material to said substrate from said first surface using additive friction stir deposition, wherein each of said thermal energy transfer elements extends into said substrate toward said second surface and wherein each of said thermal energy transfer elements and said substrate meet together in a respective stir zone which comprises said mixture of both said first material and said second material (as modified above).
Regarding claim 10/20, Hirano as modified teaches the limitations of claim 1/11, and Hirano further teaches said thermal energy transfer element is flush with said first surface (see Fig. 17).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ERIC S RUPPERT whose telephone number is (571)272-9911. The examiner can normally be reached Monday - Friday 8 am - 4 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Len Tran can be reached at 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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/ERIC S RUPPERT/Primary Examiner, Art Unit 3763
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