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 .
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.
Response to Arguments
Applicant's arguments filed 2/10/26 have been fully considered but they are not persuasive.
Applicant argues
Independent Claims 1 and 10 are amended to recite that the solid high thermal conductivity structure does not transport the fluid, with [0032] and [0034] of the Application as filed indicating that “solid” in the present context meaning conducting heat and not passing the fluid.
Likewise, independent Claim 19 is amended to recite that the thermal conduction path is separate from the thermal mass transfer path, in that these paths do not overlap, per [0031] of the Application as filed.
Examiner summarily indicates that the starburst structure 1408 of Ku provides a thermal conduction path as the solid high thermal conductivity structure of the claimed invention does, although this is not stated anywhere in Ku. Rather, Ku variously describes the starburst structure 1408 as a structural stiffener or ribbing that also provides a wicking function for fluid transport. Nothing in Ku provides any indication that a separate thermal conduction path is provided, only a thermal mass transfer path, with the structural stiffener or ribbing enhancing thermal contact with the associated device.
As a result, Applicant also fails to understand how Ku discloses, teaches, or fairly suggests that a thermal conduction path is provided to take a portion of a heat load of the device and a thermal mass transfer path is provided to take another portion of the heat load of the device, such that the associated vapor chamber cavity does not enter a dry out mode. Nowhere in Ku is it disclosed, taught, or fairly suggested that the starburst structure 140[8] acts as any type of separate solid high thermal conductivity structure, only a structural stiffener or ribbing that also provides a wicking function for fluid transport. (Applicant’s remarks of 2/10/26, pp-10-11).
First, Applicant’s definition of “solid” in para. [0034] “does not mandate an absolute lack of porosity, voids, or spaces, but, rather, refers to the solid high thermal conductivity structure 130 being sufficiently solid that it effectively and efficiently conducts heat. Thus, ‘solid’ is a relative term as compared to the surrounding “fluid” within the VC cavity 120. ‘Solid’ should be interpreted in all embodiments and examples to refer to a substantially solid structure, as compared to the surrounding fluid, whether or not porosity, voids, or spaces are also present.” Therefore, based on Applicant’s explicit definition of “solid,” the term “solid” deviates from the generally accepted definition of “solid” and has been redefined by the Applicant.
Second, Ku (US 2020/0396864) does in fact disclose a solid high thermally conductivity structure that does not transport fluid as required by amended claims 1 and 10. In light of Applicant’s amendment, the Examiner has modified his fact finding to include only a part of starburst structure that includes a cross-shaped central portion (the cross-shaped central portion includes mounting points 1112-1 thru 1112-4) as reading on the solid high thermally conductivity structure. The other portions of element 1108 which are not attached to the cross-shaped central portion can be present because the Applicant uses the transitional phrase “comprising” which is opened end and allows for other unclaimed elements to be present. See MPEP 2111.03 (I).
Third, Applicant argues that the starburst structure 1408 “provides a wicking function for fluid transport.” This needs to be interpreted in light of the rest of the disclosure which in paras. [0241] and [0242] is “the wicking means comprise capillaries. . . capillaries run along radial arms of the starburst pattern.” The Examiner understands that side walls of starburst pattern (including the cross-shaped central portion) define boundaries of fluid paths, and the cross-shaped central portion of starburst structure 1408 does not have any fluid running therethrough.
Fourth, while Ku discloses the starburst structure is a starburst structural support pattern (para. [0100]), the starburst structure is also is “a solid high thermally conductivity structure.” “[T]he claiming of a new use, new function or unknown property which is inherently present in the prior art does not necessarily make the claim patentable. In re Best, 562 F.2d 1252, 1254, 195 USPQ 430, 433 (CCPA 1977). See MPEP 2112 (I). The cross-shaped central portion is also “a solid high thermally conductivity structure being” because it is “integrated into the vapor chamber, perhaps as sintered . . . material,” (para. [0106]). Sintering is a process of compacting and forming a solid mass of material by pressure or heat. The atoms/molecules in the sintered material diffuse across the boundaries of the particles, fusing the particles together and creating a solid piece. Hence, the cross-shaped central portion of the starburst structure is a solid structure, based upon the sintering method of manufacturing. The vapor chamber is made of conductive material such as copper. Therefore, the cross-shaped central portion of the starburst structure is “a solid high thermal conductivity structure as claims 1 and 10 requires.
Claim Objections
Claims 2-3 and 20 are objected to because of the following informalities:
Claim 2, lines 4 and 6 each require “heat” which relates to a “first heat.” The Examiner believes “heat” of line 6 should have antecedence in “heat” of line 4;
Claim 2, lines 9 and 13 each require “heat” which relates to a “second heat.” The Examiner believes “heat” of line 13 should have antecedence in “heat” of line 9;
Claim 20, lines 4 and Claim 19, line 6 each require “heat” which relates to a “first heat.” The Examiner believes “heat” of claim 20 should have antecedence in “heat” of claim 19; and
Claim 20, lines 14 and Claim 19, line 3 each require “heat” which relates to a “second heat.” The Examiner believes “heat” of claim 20 should have antecedence in “heat” of claim 19.
Appropriate correction is required.
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.
Claims 19 and 20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ku (US 2020/0396864).
With respect to Claim 19, Yu teaches a method for cooling a device (fig. 14, 1408; ¶[0063], ll. 4-5) disposed on a printed circuit board (fig, 14, PCB is longest horizontal line that is sandwiched between 1408 and 1412-1,1412-2, see fig. 1, components mounted on PCB below 104) (note: “for . . “ is intended use is not positively claims the device or the printed circuit board), comprising: providing a thermal conduction path (see fig. 11, center of cross-shaped central portion of 1108 to any of 1112-1 to 1112-4) to transfer heat from a middle portion (see fig. 14) of the device to one or more areas (see fig, 14, 1412-1,1412-2 pass thru 1112-1 to 1112-4 which are outside of 1408) a perimeter (see fig. 14, perimeter of 1408) of the device within a vapor chamber cavity (fig. 10, cavity within 1004); and providing a thermal mass transfer path (fig. 11, 1104 surrounding cross-shaped central portion of 1108) to transfer heat from the middle portion of the device to the one or more areas outside the perimeter of the device within the vapor chamber cavity; wherein the thermal conduction path is separate (cross-shaped central portion of 1108 is separate from fluid paths surrounding cross-shaped central portion of1108) from the thermal mass transfer path; and wherein the thermal conduction path takes a portion (portion of heat conducted thru cross-shaped central portion of 1108) of a heat load of the device and the thermal mass transfer path takes another portion (another portion of heat taken from during phase change of working fluid) of the heat load of the device, such that the vapor chamber cavity does not enter a dry out mode (the prior art has the same structure as claimed and therefore has the function).
With respect to Claim 20, Ku further teaches the thermal mass transfer path comprises the vapor chamber cavity containing a fluid (¶[0015], l. 7) provided between an inner planar member (fig. 10, lower member of 1004) and an outer planar member (fig. 10, upper member of 1004) of a hybrid conductor-vapor chamber heat sink (fig. 10, 1004), the vapor chamber cavity transferring heat from the evaporation portion (fig. 1, 116; fig. 19, “Evaporator”) of the vapor chamber cavity, where the fluid undergoes phase change from a liquid (¶[0121], l. 3) to a vapor (¶[0035], l. 7), to a condensation portion (fig. 19, “Condenser”) of the vapor chamber cavity, where the fluid undergoes phase change from the vapor to the liquid; and the thermal conduction path comprises a solid (based Applicant’s definition of the term “solid”) high thermal conductivity structure (fig. 11, cross-shaped central portion of 1108) disposed between (see fig. 10) the inner planar member and the outer planar member within the vapor chamber cavity, wherein a center section (fig. 11, center of cross-shaped central portion of 1108) of the solid high thermal conductivity structure is located coincident with a middle portion (see fig. 14) of the device and one or more perimeter sections (1112-1 to 1112-4 of cross-shaped central portion of 1108) of the solid high thermal conductivity structure are located coincident with one or more areas (see fig, 14, 1412-1,1412-2 pass thru 1112-1 to 1112-4 which are outside of 1408) outside the perimeter of the device, the solid high thermal conductivity structure transferring heat (heat is conduct from center of cross-shaped central portion of 1108 to 1112-1 thru 1112-4) from the center section of the solid high thermal conductivity structure to the one or more perimeter sections of the solid high thermal conductivity structure.
Claim Rejections - 35 USC § 102 / § 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 of this title, 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 1-4, 6, 10-13 and 15 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by, alternately under AIA 35 U.S.C. 103 as being unpatentable over Ku (US 2020/0396864).
With respect to Claim 1, Ku teaches a hybrid conductor-vapor chamber heat sink (fig. 10, 1004), comprising: an inner planar member (fig. 10, lower member of 1004) adapted to (note that “adapted to” does not positively claim the PCB and the device) be disposed adjacent to, in part, a printed circuit board (fig, 14, PCB is longest horizontal line that is sandwiched between 1408 and 1412-1,1412-2, see fig. 1, components mounted on PCB below 104) and, in part, a device (fig. 14, 1408; ¶[0063], ll. 4-5) disposed on the printed circuit board; an outer planar member (fig. 10, upper member of 1004) coupled to the inner planar member to form a sealed (¶[0237], ll. 2-3) vapor chamber cavity (fig. 10, cavity within 1004) adapted to contain a fluid (¶[0015], l. 7); and a solid (based Applicant’s definition of the term “solid”) high thermal conductivity structure (fig. 11, cross-shaped central portion of 1108) disposed between (see fig. 10) the inner planar member and the outer planar member within the vapor chamber cavity, wherein a center section (fig. 11, center of cross-shaped central portion of 1108) of the solid high thermal conductivity structure is adapted to be located coincident with a middle portion (see fig. 14) of the device and one or more perimeter sections (1112-1 to 1112-4 of cross-shaped central portion of 1108) of the solid high thermal conductivity structure are adapted to be located coincident with one or more areas (see fig, 14, 1412-1,1412-2 pass thru 1112-1 to 1112-4 which are outside of 1408) outside a perimeter (see fig. 14, perimeter of 1408) of the device on the printed circuit board, and wherein the solid high thermal conductivity structure does not transport from the fluid (cross-shaped central portion of 1108 does not transport fluid).
With respect to Claim 10, Ku teaches a network element (fig. 1), comprising: a printed circuit board (fig, 14, PCB is longest horizontal line that is sandwiched between 1408 and 1412-1,1412-2, see fig. 1, components mounted on PCB below 104); a device (fig. 14, 1408; ¶[0063], ll. 4-5) disposed on the printed circuit board; and a hybrid conductor-vapor chamber heat sink (fig. 10, 1004; fig. 1, 104), comprising: an inner planar member (fig. 10, lower member of 1004) adapted to be disposed adjacent to, in part, the printed circuit board and, in part, the device; an outer planar member (fig. 10, upper member of 1004) coupled to the inner planar member to form a sealed (¶[0237], ll. 2-3) vapor chamber cavity (fig. 10, cavity within 1004) adapted to contain a fluid (¶[0015], l. 7); and a solid (based Applicant’s definition of the term “solid”) high thermal conductivity structure (fig. 11, cross-shaped central portion of 1108) disposed between (see fig. 10) the inner planar member and the outer planar member within the vapor chamber cavity, wherein a center section (fig. 11, center of cross-shaped central portion of 1108) of the solid high thermal conductivity structure is located coincident with a middle portion (see fig. 14) of the device and one or more perimeter sections (1112-1 to 1112-4 of cross-shaped central portion of 1108) of the solid high thermal conductivity structure are located coincident with one or more areas (see fig, 14, 1412-1,1412-2 pass thru 1112-1 to 1112-4 which are outside of 1408) outside a perimeter (see fig. 14, perimeter of 1408) of the device on the printed circuit board, and wherein the solid high thermal conductivity structure does not transport the fluid (cross-shaped central portion of 1108 does not transport fluid).
Alternately for claims 1, 10, and 19, Ku fail to specifically disclose a printed circuit board. Admitted prior art that it is well known in the art to have an inner planar member adapted to be disposed adjacent to, in part, a printed circuit board and, in part, a device disposed on the printed circuit board (since the applicant’s transverse of the rejection does not specifically address the examiner’s assertion of official notice, the transverse is not adequate and is taken as admitted prior art. MPEP 2144.03). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the heat sink of Ku with a well-known printed circuit board for the purpose of providing mechanical support and electrical interconnections for the device mounted on the printed circuit board.
With respect to Claims 2-4, 6, 11-13 and 15, Ku further teaches the solid high thermal conductivity structure provides a thermal conduction path (see fig. 11, 1108 from center of cross-shaped central portion of 1108 to 1112-1 to any of 1112-4) to transfer heat from the center section of the solid high thermal conductivity structure to the one or more perimeter sections of the solid high thermal conductivity structure and correspondingly is adapted to provide the thermal conduction path to transfer heat (“is adapted to provide the thermal conduction path to transfer heat” for claim 2 only) from the middle portion of the device to the one or more areas outside the perimeter of the device within the vapor chamber cavity; and the vapor chamber cavity provides a thermal mass transfer path (fig. 11, 1104 surrounding cross-shaped central portion of 1108) to transfer heat from an evaporation portion (fig. 1, 116; fig. 19, “Evaporator”) of the vapor chamber cavity, where the fluid undergoes phase change from liquid (¶[0121], l. 3) to vapor (¶[0035], l. 7), to a condensation portion (fig. 19, “Condenser”) of the vapor chamber cavity, where the fluid undergoes phase change from vapor to liquid, and correspondingly is adapted to provide the thermal mass transfer path to transfer heat (“is adapted to provide the thermal mass transfer path to transfer heat” for claim 2 only) from the middle portion of the device to the one or more areas outside the perimeter of the device within the vapor chamber cavity (claims 2 and 11), the thermal conduction path is adapted to (“is adapted to” for claim 2 only) take a portion (portion of heat conducted thru cross-shaped central portion of 1108) of a heat load of the device and the thermal mass transfer path is adapted to (“is adapted to” for claim 2 only) take another portion (another portion of heat taken from during phase change of working fluid) of the heat load of the device, such that the vapor chamber cavity does not enter a dry out mode (the prior art has the same structure as claimed and therefore has the function) (claims 3 and 12), the hybrid conductor-vapor chamber heat sink further comprises one or more (¶[0048], ll. 3-7) of an inner wick layer (¶[0048], l. 4) and an outer wick layer (¶[0048], l. 5) disposed within the vapor chamber cavity between the inner planar member and the outer planar member (claims 4 and 13) and a plurality of pillar structures (portions of 1108 other than cross-shaped central portion of 1108) disposed between the inner planar member and the outer planar member and adapted to maintain an integrity of the vapor chamber cavity (claims 6 and 15).
Claim Rejections - 35 USC § 103
Claims 6, 7, 9, 15, 16, and 18 are rejected under AIA 35 U.S.C. 103 as being unpatentable over Ku (US 2020/0396864).
With respect to Claims 6 and 15, Yu’s fig. 10 discloses the claimed invention except for a plurality of pillar structures. Yu’s fig. 12, teaches the hybrid conductor-vapor chamber heat sink further comprises a plurality of pillar structures (fig. 12 and ¶[102], ll. 1-2) disposed between the inner planar member and the outer planar member and adapted to maintain an integrity (¶[0035], l. 10) of the vapor chamber cavity. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the heat sink of Yu’s fig. 10 with the pillar structures of Yu’s fig. 12 for the purpose of “provid[ing] structural support and help to ensure that the chamber does not collapse easily” (¶[0035], ll. 10-11).
With respect to Claims 7 and 16, Yu discloses the claimed invention including a thermal interface material (¶[0087], l. 6). Yu fail to specifically disclose the hybrid conductor-vapor chamber heat sink further comprises a thermal interface material adapted to be (“adapted to be” for claim 7) disposed between the inner planar member of a vapor chamber and a surface of the device. Admitted prior art that it is well known in the art to have a thermal interface material disposed between the inner planar member of a vapor chamber and a surface of the device (since the applicant’s transverse of the rejection does not specifically address the examiner’s assertion of official notice, the transverse is not adequate and is taken as admitted prior art. MPEP 2144.03). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the heat sink of Yu with a well-known thermal interface material for the purpose of increasing heat transfer between the inner planar member and the surface of the device, for increased heat dissipation of the device.
With respect to Claims 9 and 18, Yu discloses the claimed invention including the inner planar member is manufactured from copper (¶[0140], l. 1). Yu fails to disclose the outer planar member, and the solid high thermal conductivity structure are each manufactured from one of copper and graphite. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention was made to for the outer planar member and the solid high thermal conductivity structure to be made of a material that has a good thermal conductivity such as copper of graphite for greater thermal management of the device, 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.
Claims 5 and 14 are rejected under AIA 35 U.S.C. 103 as being unpatentable over Ku (US 2020/0396864) and Hwang (US 2010/0155030).
Ku discloses the claimed invention except for a conformal recess. Hwang teaches the hybrid conductor-vapor chamber heat sink (fig. 3, 30) further comprises the inner planar member (36) defines a conformal recess (360) that is adapted to receive the device (90) (claim 5)/ in which the device (90) is disposed (claim 14), wherein the vapor chamber cavity (35) is thinner in an area (see fig. 3, area below 361) of the conformal recess and thicker around (fig. 3, by 60) the conformal recess. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the heat sink of Yu with the conformal recess of Hwang for the purpose of varying the distance between the printed circuit board and the inner planar member of the vapor chamber to compensate for varying heights of different devices mounted on the printed circuit board. Hwang fails to disclose a solid high thermal conductivity structure. However, the combination of Yu and Hwang would have the solid high thermal conductivity structure is located, at least in part, coincident with the conformal recess within the vapor chamber cavity because the inner planar member is being modified to include the conformal recess of Hwang. .
Claims 8 are 17 are rejected under AIA 35 U.S.C. 103 as being unpatentable over Ku (US 2020/0396864) and Zhang (US 2017/0059254).
Ku discloses the claimed invention except for a plurality of separate vapor chamber cavities. Zhang teaches the solid high thermal conductivity structure (fig., 30s) provides the vapor chamber cavity into a plurality of separate vapor chamber cavities.(40s). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the heat sink of Yu with the separate vapor chamber cavities of Zhang for the purpose of enhancing the strength (¶[0019], ll. 7-8) of the vapor chamber.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ROBERT J HOFFBERG whose telephone number is (571) 272-2761. The examiner can normally be reached on Mon - Fri 9 AM - 5 PM.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jayprakash Gandhi can be reached on (571) 272-3740. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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RJH 3/5/2026
/ROBERT J HOFFBERG/
Primary Examiner, Art Unit 2835