DETAILED ACTION
This action is responsive to the application filed 6/9/26.
Claims 1-12, 15-22 and 24-25 are rejected.
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.
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 § 112
Claims 5-7, 12, 17, 19-20 and 25 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 5, the claim has been amended to recite “wherein the microfeatures comprise first microfeatures, and wherein the fluid distribution network further includes: a first base member thermally coupled to each of the first microfeatures and the support unit: second microfeatures spaced apart from each other, and a second base member spaced apart from the first base member and thermally coupled to each of the second microfeatures and the support unit.” The examiner could not find support for this limitation within the original disclosure. Therefore, it is considered new matter.
Regarding claim 6, the claim has been amended to further recite “wherein the first microfeatures and the second microfeatures are positioned in a common chamber in fluid communication with each of the liquid distribution passage and the vapor collection passage.” The examiner could not find support for this limitation within the original disclosure. Therefore, it is considered new matter.
Regarding clam 7, the claim has been amended to further recite “wherein the first base member extends along a first plane, and wherein the second base member extends along a second plane different from the first plane.” The examiner could not find support for this limitation within the original disclosure. Therefore, it is considered new matter.
Regarding claim 12, the claim as been amended to recite “wherein individual ones of the microfeatures have a height no more than 10 mm.” The examiner could not find support for this limitation within the original disclosure. Therefore, it is considered new matter.
Regarding claim 17, the claim has been amended to recite “wherein the first fluid distribution network further includes a first base member that forms a continuous surface with the first microfeatures, wherein the second fluid distribution network further includes a second base member that forms a continuous surface with the second microfeatures and wherein each of the first base member and the second base member is positioned over and thermally coupled to the support unit.” The examiner could not find support for this limitation within the original disclosure. Therefore, it is considered new matter.
Regarding claim 19, the claim has been amended to recite “a foam material positioned adjacent to each of the first microfeatures and the second microfeatures.” The examiner could not find support for this limitation within the original disclosure. Therefore, it is considered new matter.
Regarding claim 20, the claim has been amended to recite “wherein the first microfeatures and the second microfeatures are positioned in a common chamber.” The examiner could not find support for this limitation within the original disclosure. Therefore, it is considered new matter.
Regarding claim 25, the claim has been amended to recite “wherein individual ones of the first microfeatures have a height no more than 10 mm.” The examiner could not find support for this limitation within the original disclosure. Therefore, it is considered new matter.
Claim Rejections - 35 USC § 112
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 1-12, 15-22 and 24-25 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.
Claims 1 and 15 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being incomplete for omitting essential elements, such omission amounting to a gap between the elements. See MPEP § 2172.01. The omitted elements are: one or more thermoelectric elements.
A review of applicant’s disclosure indicates that thermoelectric elements (TECs) are essential aspect of the invention and are regarded as such by applicant, and that their omission amounts to a gap between elements. The specification in par. 28 describes the invention as directed to “a thermal management device and system that, amongst other features, is safer, allows for better temperature control, and enables enhanced thermal contact between the device and the user/mammal, e.g., by being flexible, and lighter and thinner than current related devices,” and further lists ‘thermoelectric components’ as one of the three essential components of the device.
Further, in contrast to the disadvantages of prior art devices disclosed in par. 27, par. 28 of applicant’s disclosure states, “The TECs can each be individually controlled (e.g., set to a particular temperature) by a controller operably coupled thereto. As such, individual regions of the device can be set to different temperatures relative to other regions, and can thus individually treat corresponding target areas of the mammal that the device is disposed on or around. When in a cooling mode, heat can flow to and/or from the target area to the TECs and to the heat transfer system.”
Therefore, it is clear from applicant’s disclosure that TECs were considered essential by applicant since they are the only disclosed component that performs the primary function of the device, i.e. directly heating or cooling of the user, and since they are disclosed to be essential in overcoming the disadvantages of prior art devices. Omitting them in the claim therefore, amounts to omitting an essential element of the device, and a failure to distinctly claim the subject matter which the inventor regards as the invention.
In addition, a review of applicant’s disclosure will indicate that TECs are disclosed as essential features throughout the specification and are present in every embodiment discussed by applicant. Further, there is no indication within the specification that applicant conceived of an alternative or variant preferred or non-preferred to TECs.
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.
Claim(s) 1-2, 4, 8-9, 11-12 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Weiss (US 20150114606).
Regarding claim 1, Weiss teaches a heat transfer device (Abstract, “A heat exchanger which including a metal exchange surface having a plurality of upward extending walls forming channels between the walls.”), comprising: a support unit (Fig. 1, thermoelectric generator 40) configured to be thermally coupled to a target area (Par. 10, “Thermoelectric generators generally work under the principle of a heat source being applied to one side and the opposite side being exposed to some form of a heat sink, which in the illustrated embodiments, is formed by heat exchanger 1.”); and a fluid distribution network thermally coupled to the support unit (Figs. 1-2, heat exchanger 1), wherein: the fluid distribution network includes (i) microfeatures (Fig. 2, walls 4) spaced apart from each other along a first axis to at least partially define multiple channels (Fig. 2, channels 5) configured to receive a working fluid (Par. 15, “Capillary action between the channels 5 and the refrigerant, plus absorption of refrigerant on the porous metal surface (when the exchange surface is metalized), will draw refrigerant across the exchange surface 3.”), (ii) a liquid distribution passage configured to provide the working fluid to the channels (Figs. 1-2, reservoir space 8/21; par. 15, “In operation, a refrigerant in a liquid phase will at least partially fill the reservoir space 8/21.”), and (iii) a vapor collection passage configured to receive the working fluid from the channels (Fig. 1, vapor outlet 23; par. 15, “Heat, conducting through exchanger base 2 and into the channels 5 and walls 4, will cause the refrigerant to boil or evaporate into the vapor phase. Refrigerant in the vapor phase will pass through vapor outlet 23”), the microfeatures are positioned to induce capillary forces to the working fluid that drive the working fluid through the channels (Par. 15, “Capillary action between the channels 5 and the refrigerant, plus absorption of refrigerant on the porous metal surface (when the exchange surface is metalized), will draw refrigerant across the exchange surface 3”), the channels (i) are parallel to one another along an entirety of fluid pathways (Fig. 2, channels 5 are parallel to each other along their entire length) and (ii) define separate fluid pathways each configured to direct the working fluid away from the liquid distribution passage (Fig. 2, channels 5 define separate fluid pathways), in operation, the working fluid flows through the channels and absorbs heat from the microfeatures (Par. 15, “Heat, conducting through exchanger base 2 and into the channels 5 and walls 4, will cause the refrigerant to boil or evaporate into the vapor phase.”), and the microfeatures are spaced apart from the vapor collection passage along a second axis (Figs. 1-2, walls 4 are separated from vapor outlet 23 along a vertical axis).
Regarding claim 2, Weiss further teaches wherein the fluid distribution network further comprises a base member (Fig. 2, base 2) that forms a continuous surface with the microfeatures (Fig. 2, walls 4 extending from base 2), and wherein the base member is positioned over and thermally coupled to the support (Fig. 1, base 2 coupled to thermoelectric generator 40)
Regarding claim 4, Weiss further teaches wherein the microfeatures are positioned in a chamber (Figs. 1-2, walls 4 and channels 4 are located within a chamber defined by base 2 and cover 20) in fluid communication with each of the liquid distribution passage and the vapor collection passage (Figs. 1-2 and par. 15, “In operation, a refrigerant in a liquid phase will at least partially fill the reservoir space 8/21. Capillary action between the channels 5 and the refrigerant, plus absorption of refrigerant on the porous metal surface (when the exchange surface is metalized), will draw refrigerant across the exchange surface 3. Heat, conducting through exchanger base 2 and into the channels 5 and walls 4, will cause the refrigerant to boil or evaporate into the vapor phase. Refrigerant in the vapor phase will pass through vapor outlet 23”).
Regarding claim 5, Weiss further teaches wherein the microfeatures comprise first microfeatures (Fig. 2, the ‘first microfeatures’ considered half of the walls 4), and wherein the fluid distribution network further includes: a first base member thermally coupled to each of the first microfeatures and the support unit (Figs. 1-2, the ‘first base member’ can be considered the portion of base 2 which comprises the first set of microfeatures and which is coupled to thermoelectric generator 40); second microfeatures spaced apart from each other (Fig. 2, the ‘second microfeatures’ can be considered the other half of walls 4), and a second base member spaced apart from the first base member and thermally coupled to each of the second microfeatures and the support unit (Figs. 1-2, the ‘second base member’ can be considered the portion of base 2 which comprises the second set of microfeatures and which is coupled to thermoelectric generator 40).
Regarding claim 6, Weiss further teaches wherein the first microfeatures and the second microfeatures are positioned in a common chamber (Figs. 1-2, the first set and second set of microfeatures are located within the chamber formed by base 2 and cover 20) in fluid communication with each of the liquid distribution passage and the vapor collection passage (Par. 15, “Capillary action between the channels 5 and the refrigerant, plus absorption of refrigerant on the porous metal surface (when the exchange surface is metalized), will draw refrigerant across the exchange surface 3. Heat, conducting through exchanger base 2 and into the channels 5 and walls 4, will cause the refrigerant to boil or evaporate into the vapor phase. Refrigerant in the vapor phase will pass through vapor outlet 23”).
Regarding claim 8, Weiss further teaches wherein the fluid distribution network comprises a two-phase fluid distribution network (Par. 15, “In operation, a refrigerant in a liquid phase will at least partially fill the reservoir space 8/21. Capillary action between the channels 5 and the refrigerant, plus absorption of refrigerant on the porous metal surface (when the exchange surface is metalized), will draw refrigerant across the exchange surface 3. Heat, conducting through exchanger base 2 and into the channels 5 and walls 4, will cause the refrigerant to boil or evaporate into the vapor phase.”), and wherein, in operation, a meniscus of the working fluid extends between adjacent ones of the microfeatures (Par. 22, considering that the channels are disclosed to be between 5 and 500 microns in width, are disclosed to induce capillary force and are within the channel width range disclosed by applicant of 5-1000 microns, it is the examiner’s position that the channels disclosed by Weiss are inherently capable of inducing a working fluid to form a meniscus between adjacent walls).
Regarding claim 9, Weiss further teaches wherein the fluid distribution network comprises a two-phase fluid distribution network (Par. 15, “In operation, a refrigerant in a liquid phase will at least partially fill the reservoir space 8/21. Capillary action between the channels 5 and the refrigerant, plus absorption of refrigerant on the porous metal surface (when the exchange surface is metalized), will draw refrigerant across the exchange surface 3. Heat, conducting through exchanger base 2 and into the channels 5 and walls 4, will cause the refrigerant to boil or evaporate into the vapor phase.”), and wherein, in operation a meniscus of the working fluid extends between adjacent ones of the microfeatures, and the working fluid undergoes a phase change at the meniscus via thin-film evaporation (Par. 22, considering that the channels are disclosed to be between 5 and 500 microns in width, are disclosed to induce capillary forces on a working fluid and are within the channel width range disclosed by applicant of 5-1000 microns, it is the examiner’s position that the channels disclosed by Weiss are inherently capable of inducing a working fluid to form a meniscus and to undergo thin-film evaporation at the meniscus).
Regarding claim 11, Weiss further teaches wherein adjacent ones of the microfeatures are spaced apart by a distance between 5-1,000 microns (Abstract, “The channels are between about 5 and about 500 um in width”).
Regarding claim 12, Weiss further teaches wherein individual ones of the microfeatures have a height no more than 10 mm (Abstract, “the walls are between about 50 and about 1000 um in height”).
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) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Weiss.
Regarding claim 10, Weiss fails to teach wherein individual ones of the microfeatures have a width between 5-250 microns.
The examiner maintains, however that the POSITA would have regarded the width of the microfeatures to be a result-effective variable which affects the heat capacity of the microfeatures and thus the ability of the microfeatures to conduct heat to the working fluid, therefore POSITA would have found it obvious to optimize this feature in order to optimize the ability of the microfeatures to conduct heat to the working fluid, and since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233.
Claim(s) 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Weiss in view of Lee et al. (US 20110150036, “Lee”).
Regarding claim 3, Wiess fails to teach wherein a flexible material is positioned adjacent to the microfeatures and the liquid distribution passage.
Lee however teaches the use of a flexible thermoelectric generator (Abstract, “Provided are a flexible thermoelectric generator”).
Therefore, in view of Li, it would have been obvious to POSITA at the time that the invention was filed to modify Weiss by utilizing a flexible thermoelectric generator in order to allow the thermoelectric generator to better conform to the surface of the heat source, as taught by Li.
Further, such a modification would inherently comprise a flexible material (i.e. the flexible thermoelectric generator) positioned the adjacent the microfeatures and the liquid distribution passages.
Claim(s) 15-22 and 24-25 is/are rejected under 35 U.S.C. 103 as being unpatentable over Weiss in view of Haj-Hariri et al. (US 20150198380, “Haj-Hariri”).
Regarding claim 15, Weiss teaches a heat transfer device (Abstract, “A heat exchanger which including a metal exchange surface having a plurality of upward extending walls forming channels between the walls.”), comprising: a support unit (Fig. 1, thermoelectric generator 40) configured to be thermally coupled to a target area (Par. 10, “Thermoelectric generators generally work under the principle of a heat source being applied to one side and the opposite side being exposed to some form of a heat sink, which in the illustrated embodiments, is formed by heat exchanger 1.”); a first fluid distribution network thermally coupled to the support unit (Figs. 4, the ‘first fluid distribution network’ can be considered the rightmost set of walls and channels to the right of central dividing channel 5a), wherein: the first fluid distribution network includes first microfeatures (Fig. 4, walls 6 to the right of the central dividing channel 5a) spaced apart from each other to at least partially define first channels (Fig. 4, channels 5b to the right of central dividing channel 5a) configured to receive a working fluid (Par. 15, “Capillary action between the channels 5 and the refrigerant, plus absorption of refrigerant on the porous metal surface (when the exchange surface is metalized), will draw refrigerant across the exchange surface 3.”), the first microfeatures are positioned to induce capillary forces to the working fluid that drive the working fluid through the first channels (Par. 15, “Capillary action between the channels 5 and the refrigerant, plus absorption of refrigerant on the porous metal surface (when the exchange surface is metalized), will draw refrigerant across the exchange surface 3.”), the first channels (i) are parallel to one another along first fluid pathways (Fig. 4 and par. 20, channels 5b can be considered parallel since they are concentric) and (ii) define separate fluid pathways each configured to direct the working fluid therethrough (Fig. 4, channels 5b are separated by walls 6), and in operation, the working fluid flows through the first channels and absorbs heat from the first microfeatures (Par. 15, “Heat, conducting through exchanger base 2 and into the channels 5 and walls 4, will cause the refrigerant to boil or evaporate into the vapor phase.”); and second fluid distribution network thermally coupled to the support unit (Figs. 4, the ‘second fluid distribution network’ can be considered the leftmost set of walls and channels to the left of central dividing channel 5a), wherein: the second fluid distribution network includes second microfeatures (Fig. 4, walls 6 to the left of the central dividing channel 5a) spaced apart from each other to at least partially define second channels (Fig. 4, channels 5b to the left of central dividing channel 5a) configured to receive the working fluid (Par. 15, “Capillary action between the channels 5 and the refrigerant, plus absorption of refrigerant on the porous metal surface (when the exchange surface is metalized), will draw refrigerant across the exchange surface 3.”), and the second channels (i) are parallel to one another along second fluid pathways (Fig. 4 and par. 20, channels 5b can be considered parallel since they are concentric) and (ii) define separate fluid pathways each configured to direct the working fluid therethrough (Fig. 4, channels 5b are separated by walls 6).
Weiss fails to teach a, wherein the first fluid distribution network extends along a first plane and the second fluid distribution network extends along a second plane different from the first plane.
In the same field of endeavor, Haj-Hariri teaches a heat transfer device (Abstract, “A device and related method that provides, but is not limited thereto, a two-phase heat transfer device”), comprising: a support unit (Par. 89, “supporting components”) configured to be thermally coupled to a target area (Fig. 2a, heat source 12); a first fluid distribution network thermally coupled to the support unit (Fig. 9, evaporator 52), wherein: the first fluid distribution network includes first microfeatures (Fig. 9, elongated members 14) spaced apart from each other to at least partially define first channels (Fig. 2a-b, passages 20) configured to receive a working fluid (Fig. 2a, elongated members 14 spaced apart to receive working fluid 5), the first channels (i) are parallel to one another along first fluid pathways (Fig. 5b and par. 105, “Referring now to FIG. 5B, other embodiments of the present invention may be constructed such that the elongated members 14 form passages 20 that are substantially parallel.”) and (ii) define separate fluid pathways each configured to direct the working fluid therethrough (Fig. 5b, showing separate fluid pathways 20), and in operation, the working fluid flows through the first channels and absorbs heat from the first microfeatures (Figs. 2a-b and par. 74, “The evaporating thin film region is where the bulk of evaporative heat transfer takes place due to the very low thickness and conductive resistance. The non-evaporating thin film region is where adhesion forces between liquid molecules and the solid surface are extremely strong and little to none of the molecules are able to escape the liquid phase into the vapor phase. Thus, the evaporating thin film region represents the region of optimal evaporation and heat transfer.”).
Haj-Hariri further teaches that the heat transfer device can be used in an energy recovery system which utilizes a thermoelectric generator similar to that disclosed by Weiss (Fig. 8a and par. 112, “For example, a thermoelectric device may be utilized as an energy recovery unit 82, which is identified in FIG. 8A, for example but not limited thereto.”), and that the device can be constructed to conform to all manner of geometries including contoured or curved surface (Par. 89, “For example, the base member 6 and other components--such as any corresponding components, supporting components, interface components, to name a few, may have a variety of alignments, shapes, angles, and contours. Some examples many include: one or more bends, one or more angles, one or more curves, and various contours; as well as any combination thereof.”; fig. 16, showing an evaporated 52 conforming to a contoured surface).
Therefore, in view of Haj-Hariri, it would have been obvious to POSITA at the time that the invention was filed to construct the evaporator in an angled or bent fashion such that half of the evaporator representing the first fluid distribution network extends along a first plane and the other half of the evaporator representing the second fluid distribution network extends along a second plane different than the first plane, in order to configure the device to recover energy from a heat source with a bent or angled surface geometry, as taught by Haj-Hariri.
Regarding claim 7, Weiss, as modified, further teaches wherein the first base member extends along a first plane, and wherein the second base member extends along a second plane different from the first plane (Weiss has previously been modified in view of Haj-Hariri to comprise a bent or angled evaporator where a first base member extends along a first plane a second base member extends along a second plane different than the first plane; see Haj Hariri, pars. 89 and the discussion of claim 15, above).
Regarding claim 16, Weiss, as modified, further teaches a liquid distribution passage configured to provide the working fluid to the first channels and the second channels (Fig. 4, central reservoir 8a, perimeter reservoir 8b and radially extending channels 5a) and (ii) a vapor collection passage configured to receive the working fluid from the first channels and the second channels (Fig. 1, vapor outlet 23 and par. 20, “Although not illustrated, a cover similar to that seen in FIG. 1 may be positioned over the FIG. 4 exchange surface.”).
Regarding claim 17, Weiss, as modified, further teaches wherein the first fluid distribution network further includes a first base member that forms a continuous surface with the first microfeatures (Fig. 4, the ‘first base member’ can be considered the portion of base 2 to the right of central channel 5a which comprises the first set of microfeatures), wherein the second fluid distribution network further includes a second base member that forms a continuous surface with the second microfeatures (Fig. 4, the ‘second base member’ can be considered the portion of base 2 to the left central channel 5a which comprises the first set of microfeatures) and wherein each of the first base member and the second base member is positioned over and thermally coupled to the support unit (Fig. 1, heat exchanger 1 coupled to thermoelectric generator 40).
Regarding claim 18, Weiss, as modified, further teaches wherein individual ones of the first channels are no more than 1000 microns wide (Abstract, “The channels are between about 5 and about 500 um in width”).
Regarding claim 19, Weiss, as modified, fails to teach a foam material positioned adjacent to each of the first microfeatures and the second microfeatures.
Haj-Hariri, however, further teaches that the device can comprise various supporting components and interface components (Par. 89).
Therefore, in view of Haj-Hariri, it would have been obvious to POSITA at the time that the invention as filed to provide the device with supporting and interface components, as needed, in order to properly mount the device to the heat source, as taught by Haj-Hariri.
Further, it would have been obvious to POSITA at the time that the invention was filed to construct these different supporting and interface components of whatever materials were deemed appropriate or expedient, since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416.
Regarding claim 20, Weiss, as modified, further teaches wherein the first microfeatures and the second microfeatures are positioned in a common chamber (Figs. 1 and 4, the first and second sets of microfeatures are located within the chamber formed by base 2 and cover 20; par. 20, “Although not illustrated, a cover similar to that seen in FIG. 1 may be positioned over the FIG. 4 exchange surface.”).
Regarding claim 21, Weiss, as modified, further teaches wherein the first fluid distribution network comprises a first two-phase fluid distribution network, wherein the second fluid distribution network comprises a second two-phase fluid distribution network (Fig. 4, heat exchanger 1 comprises two two-phase fluid distribution networks as defined above; Par. 15, “In operation, a refrigerant in a liquid phase will at least partially fill the reservoir space 8/21. Capillary action between the channels 5 and the refrigerant, plus absorption of refrigerant on the porous metal surface (when the exchange surface is metalized), will draw refrigerant across the exchange surface 3. Heat, conducting through exchanger base 2 and into the channels 5 and walls 4, will cause the refrigerant to boil or evaporate into the vapor phase.”), and wherein, in operation, (i) a meniscus of the working fluid extends between adjacent ones of the first microfeatures and between adjacent ones of the second microfeatures and (ii) the working fluid undergoes a phase change at the meniscus via thin-film evaporation (Par. 22, considering that the channels are disclosed to be between 5 and 500 microns in width, are capable of inducing capillary forces on a working fluid and are within the channel width range of 5-1000 microns disclosed by applicant, it is the examiner’s position that the channels disclosed by Weiss are inherently capable of inducing a working fluid to form a meniscus to undergo thin-film evaporation).
Regarding claim 22, Weiss, as modified, further teaches wherein individual ones of the first microfeatures have a width between 5-250 microns (Wiess has previously been modified to optimize the widths of the different microfeatures; see the discussion of claim 10, above).
Regarding claim 24, Weiss, as modified, further teaches wherein adjacent ones of the first microfeatures are spaced apart by a distance between 5-1,000 microns (Abstract, “The channels are between about 5 and about 500 um in width”).
Regarding claim 25, Weiss, as modified, further teaches wherein individual ones of the first microfeatures have a height no more than 10 mm (Abstract, “the walls are between about 50 and about 1000 um in height”).
Response to Arguments
The Notice of Allowance dated 3/30/26 is moot considering that applicant has heavily amended the claims necessitating the new grounds of rejection.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ADAM JOSEPH AVIGAN whose telephone number is (571)270-3953. The examiner can normally be reached Monday-Friday 9am-5pm.
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, Joseph Stoklosa can be reached at (571) 272-1213. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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ADAM JOSEPH. AVIGAN
Examiner
Art Unit 3739
/ADAM J AVIGAN/Examiner, Art Unit 3794
/JOSEPH A STOKLOSA/Supervisory Patent Examiner, Art Unit 3794
Prosecution Insights