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 .
Information Disclosure Statement
The information disclosure statements (IDS) submitted on 12/10/2023, 3/29/2025, and 12/24/2025 have been considered by the examiner.
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 following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
“base material preparation step for preparing a base material” in claims 1 and 7;
“laser installation step for setting a laser emitter on one side of the base material” in claims 1 and 7.
Applicant’s specification does not describe the acts for performing the “base material preparation step for preparing a base material.”
Applicant’s specification describes the “laser installation step for setting a laser emitter on one side of the base material” as: “fixing the chamber body 20 being the base material on a processing lathe, installing a laser emitter capable of emitting a laser beam with a predetermined beam width on the processing lathe, and setting a movement speed and a movement direction for laser beam emission of the laser emitter according to a pattern shape” ([0054] of Applicant’s published application, US 2024/0181570).
Note: the language “wick part processing step for processing a wick part” in claims 1 and 7 is not interpreted under 112(f), because claims 1 and 7 further recite the act for performing the claimed function, “using the laser emitter.”
Note: the language “wick body coupling step for coupling, to an inner surface of the chamber body, an outer surface being a processed flat surface of a wick body” in claim 7, and the language “wherein the wick body coupling step is a step for coupling the wick part formed on the inner surface of the chamber body and at least some of the plurality of pores exposed to a surface of the wick body to communicate with each other” in claim 8, are not interpreted under 112(f), because claim 7 further recites the act for performing the claimed function, “through a sintering process.”
Claim Rejections - 35 USC § 112(a)
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 – 8 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.
Claims 1 and 7 limitation “base material preparation step for preparing a base material” invokes 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. However, the written description fails to disclose the corresponding structure, material, or acts for performing the entire claimed function and to clearly link the structure, material, or acts to the function. “Merely restating a function associated with a means-plus-function limitation is insufficient to provide the corresponding structure for definiteness. See, e.g., Noah, 675 F.3d at 1317, 102 USPQ2d at 1419; Blackboard, 574 F.3d at 1384; Aristocrat, 521 F.3d at 1334, 86 USPQ2d at 1239. It follows therefore that such a mere restatement of function in the specification without more description of the means that accomplish the function would also likely fail to provide adequate written description under section 112(a) or pre-AIA section 112, first paragraph.” MPEP § 2181-IV.
Claim Rejections - 35 USC § 112(b)
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 – 8 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 7 limitation “base material preparation step for preparing a base material” invokes 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. However, the written description fails to disclose the corresponding structure, material, or acts for performing the entire claimed function and to clearly link the structure, material, or acts to the function. The disclosure is devoid of any description of the acts for performing the claimed function. Therefore, the claim is indefinite and is rejected under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph.
Applicant may:
(a) Amend the claim so that the claim limitation will no longer be interpreted as a limitation under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph;
(b) Amend the written description of the specification such that it expressly recites what structure, material, or acts perform the entire claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(c) Amend the written description of the specification such that it clearly links the structure, material, or acts disclosed therein to the function recited in the claim, without introducing any new matter (35 U.S.C. 132(a)).
If applicant is of the opinion that the written description of the specification already implicitly or inherently discloses the corresponding structure, material, or acts and clearly links them to the function so that one of ordinary skill in the art would recognize what structure, material, or acts perform the claimed function, applicant should clarify the record by either:
(a) Amending the written description of the specification such that it expressly recites the corresponding structure, material, or acts for performing the claimed function and clearly links or associates the structure, material, or acts to the claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(b) Stating on the record what the corresponding structure, material, or acts, which are implicitly or inherently set forth in the written description of the specification, perform the claimed function. For more information, see 37 CFR 1.75(d) and MPEP §§ 608.01(o) and 2181.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1 and 6-8 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Tain et al. (US 2021/0247147).
Regarding claim 1, Tain discloses a method for forming a wick part for a vapor chamber (“A vapor chamber structure including a thermally conductive shell, a capillary structure layer, and a working fluid is provided” [Abstract]; a capillary structure is a wick; “FIGS. 1A to 1D are schematic cross-sectional views of a manufacturing method of a vapor chamber structure according to an embodiment of the disclosure” [0028]), the method comprising:
a base material preparation step for preparing a base material of a chamber body in which a refrigerant is accommodated (base material / “first thermally conductive plate 110a” [0037]; “Regarding the manufacturing method of a vapor chamber structure of this embodiment, first, referring to FIGS. 1A and 2A together, a first thermally conductive plate 110a is provided” [0037]; providing the first thermally conductive plate 110a corresponds to the ‘base material preparation step’);
a laser installation step for setting a laser emitter on one side of the base material prepared in the base material preparation step (laser drilling is performed, as described below, indicating that a laser emitter is set on one side of the base material / first thermally conductive plate 110a); and
a wick part processing step for processing a wick part having a predetermined size into a predetermined engraved pattern by means of a predetermined emitted laser beam by using the laser emitter installed in the laser installation step (“Next, referring to FIGS. 1A and 2A together again, at least one first cavity (two first cavities 112a are schematically shown) is formed in the first configuration area 111 of the first thermally conductive plate 110a. Here, a method of forming the first cavity 112a is, for example but not limited to, etching, laser drilling, or mechanical drilling. Specifically, the first cavity 112a is provided to allow a space for diffusion and movement of a later-described liquid working fluid F (referring to FIG. 1D) located in a capillary structure layer 130a (referring to FIG. 1C)” [0038]; laser drilling corresponds to the wick part processing step; the wick part is cavity 112a).
Regarding claim 6, Tain discloses wherein the wick part formed on the base material by the laser emitter is processed into any one pattern of a cross shape, a block shape, and a
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shape (Figs. 1A and 2A together show wherein wick part / cavity 112a is processed into a block shape).
Regarding claim 7, Tain discloses a method for manufacturing a vapor chamber (“A vapor chamber structure including a thermally conductive shell, a capillary structure layer, and a working fluid is provided” [Abstract]), the method comprising:
a base material preparation step for preparing a base material of a chamber body in which a refrigerant is accommodated (base material / “first thermally conductive plate 110a” [0037]; “Regarding the manufacturing method of a vapor chamber structure of this embodiment, first, referring to FIGS. 1A and 2A together, a first thermally conductive plate 110a is provided” [0037]; providing the first thermally conductive plate 110a corresponds to the ‘base material preparation step’);
a laser installation step for setting a laser emitter on one side of the base material prepared in the base material preparation step (laser drilling is performed, as described below, indicating that a laser emitter is set on one side of the base material / first thermally conductive plate 110a);
a wick part processing step for processing a wick part having a predetermined size into a predetermined engraved pattern by means of a predetermined emitted laser beam by using the laser emitter installed in the laser installation step (“Next, referring to FIGS. 1A and 2A together again, at least one first cavity (two first cavities 112a are schematically shown) is formed in the first configuration area 111 of the first thermally conductive plate 110a. Here, a method of forming the first cavity 112a is, for example but not limited to, etching, laser drilling, or mechanical drilling. Specifically, the first cavity 112a is provided to allow a space for diffusion and movement of a later-described liquid working fluid F (referring to FIG. 1D) located in a capillary structure layer 130a (referring to FIG. 1C)” [0038]; laser drilling corresponds to the wick part processing step; the wick part is cavity 112a); and
a wick body coupling step for coupling, to an inner surface of the chamber body, an outer surface being a processed flat surface of a wick body formed to cover the wick part formed in the wick part processing step and formed of a porous body to include a plurality of pores through a sintering process (“Next, referring to FIG. 1A and FIG. 2A together again, a first capillary structure 132a is formed on an inner wall of the first cavity 112a” [0039]; “a method of forming the first capillary structure portion 132a is, for example, performing … a sintering process on the first thermally conductive plate 110a, and the first capillary structure portion 132a is formed on a first surface 51 of the first thermally conductive plate 110a” [0039]; “the capillary structure portion may also be made of a porous medium” [0039]; the sintering process on the first thermally conductive plate 110a corresponds to the wick body coupling step, in which the wick body / first capillary structure 132a is coupled to the first thermally conductive plate 110a of the chamber body; Fig. 1A shows wherein wick body / first capillary structure 132a has a flat surface formed to cover wick part / cavity 112a).
Regarding claim 8, Tain discloses wherein the wick body coupling step is a step for coupling the wick part formed on the inner surface of the chamber body (Figs. 1A and 1C show wherein wick body / first capillary structure 132a is formed on the inner surface of the chamber body (chamber body comprises “first thermally conductive plate 110a” [0039] and “second thermally conductive plate 120a” [0040]) and at least some of the plurality of pores exposed to a surface of the wick body to communicate with each other (as described in the rejection of claim 7, wick body / capillary structure portion 132a can be made of a porous medium; Fig. 1A shows wherein wick body / capillary structure portion 132a communicates with wick part / cavity 112a).
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.
Claims 2-4 are rejected under 35 U.S.C. 103 as being unpatentable over Tain et al. (US 2021/0247147) in view of Zhao et al. (CN 106541210).
Regarding claim 2, Tain does not expressly disclose wherein, in the wick part processing step, a movement time of the laser beam is set to a predetermined mark speed.
Zhao is directed to a “vapor chamber laser preparation method” [Title]. Zhao discloses wherein, in a wick part processing step, a movement time of a laser beam is set to a predetermined mark speed (a wick part / groove is processed using a laser: “preparing groove on the substrate surface laser carve groove” [Abstract]; “the laser engraving using secondary engraving, power of the first laser engraving 70% to 95% and pulse width is 2~1000 nm, the frequency is 15~150KHz, the scanning speed 150 to 1200 mm/s” [page 4 of attached translation]; Zhao provides exemplary scanning speeds: “scanning speed 200 mm/s” [page 5], “scanning speed 1200 mm/s” [page 6], “scanning speed 150 mm/s” [page 6], “scanning speed 250 mm/s”).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include wherein, in the wick part processing step, a movement time of the laser beam is set to a predetermined mark speed. One of ordinary skill in the art would be motivated to utilize an appropriate mark speed / scanning speed such that the wick part is processed with an appropriate amount of heat (scanning speed is one of several variables that determine how much heat is applied to a workpiece surface) to achieve a desired wick part.
Regarding claim 3, Tain / Zhao does not expressly disclose wherein the mark speed is set to 300 mm/s.
However, Zhao discloses wherein the mark speed is within a range of 150 to 1200 mm/s” [page 4 of attached translation], and discloses exemplary scanning speeds of “200 mm/s” [page 5], “1200 mm/s” [page 6], “150 mm/s” [page 6], and “250 mm/s”.
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include wherein the mark speed is set to 300 mm/s, because, in the case where the claimed ranges or values “overlap or lie inside ranges disclosed by the prior art” a prima facie case of obviousness exists. In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990). MPEP § 2144.05-I. Furthermore, one of ordinary skill in the art would be motivated to utilize an appropriate mark speed / scanning speed such that the wick part is processed with an appropriate amount of heat (scanning speed is one of several variables that determine how much heat is applied to a workpiece surface) to achieve a desired wick part
Regarding claim 4, Tain does not expressly disclose wherein, in the wick part processing step, an oscillation frequency of the laser beam is set within a range of 20 kHz to 40 kHz, and the laser beam is oscillated in a pulse mode.
Zhao discloses wherein, in the wick part processing step, an oscillation frequency of the laser beam is set within a range of 20 kHz to 40 kHz, and the laser beam is oscillated in a pulse mode (“the laser engraving using secondary engraving, power of the first laser engraving 70% to 95% and pulse width is 2~1000 nm, the frequency is 15~150KHz, the scanning speed 150 to 1200 mm/s” [page 4 of attached translation]; Zhao provides exemplary oscillation frequencies: “the frequency is 20KHz” [page 5]; “the frequency is 150KHz” [page 6]; “the frequency is 15KHz” [page 6]; “the frequency is 25KHz” [page 7]; 20 kHz and 25 kHz fall within the claimed range of 20 kHz to 40 kHz; the wick part processing step / laser engraving is described as utilizing a “pulse width” [pages 4, 5, 6, and 7].
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include wherein, in the wick part processing step, an oscillation frequency of the laser beam is set within a range of 20 kHz to 40 kHz, and the laser beam is oscillated in a pulse mode. This is the use of a known configuration of a laser beam for laser engraving, applied to a known method utilizing laser engraving, to achieve predictable results.
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Tain et al. (US 2021/0247147) in view of Rush et al. (EP 3279597)
Regarding claim 5, Tain does not expressly disclose wherein a line spacing at which the laser beam is emitted is set not to exceed 0.1 mm at maximum.
Rush is directed to a vapor chamber [Title]. Rush does not expressly disclose wherein a line spacing at which the laser beam is emitted is set not to exceed 0.1 mm at maximum. However, Rush discloses “a first laser pass process 2600 applied to build a precision sintered 3D wick structure” [page 10 of attached translation], wherein “hatch spacing is from 20 microns to 1000 microns” [page 10].
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include wherein a line spacing at which the laser beam is emitted is set not to exceed 0.1 mm at maximum. The courts have held that a prima facie case of obviousness exists where the claimed ranges or amounts do not overlap with the prior art but are merely close. In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955). MPEP § 2144.05-I. Furthermore, one of ordinary skill in the art would be motivated to utilize an appropriate line spacing at which the laser beam is emitted such that the wick part is formed as desired.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Shen et al. (CN 111412776) is directed to a “steam-liquid dividing capillary core of the heat equalizing plate heat exchanger and preparation method thereof” [Title] / “vapor chamber” [page 2].
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/ELIZABETH M KERR/Primary Examiner, Art Unit 3761
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