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.
Information Disclosure Statement
The information disclosure statement (IDS) filed 4/1/24 fails to comply with 37 CFR 1.98(a)(2), which requires a legible copy of each cited foreign patent document; each non-patent literature (NPL) publication or that portion which caused it to be listed; and all other information or that portion which caused it to be listed. Therefore, Foreign Document No. 2 and NPL Items 11 and 12 of IDS dated 4/1/24 has been crossed-out because a copy of these items has not been furnished.
MPEP 609.04(a) Content Requirements for an Information Disclosure Statement [R-07.2022]
II. LEGIBLE COPIES
. . . There are exceptions to this requirement that a copy of the information must be provided. First, 37 CFR 1.98(d) states that a copy of any patent, publication, pending U.S. application, or other information listed in an information disclosure statement is not required to be provided if: (A) the information was previously cited by or submitted to, the Office in a prior application, provided that the prior application is properly identified in the IDS and is relied on for an earlier filing date under 35 U.S.C. 120; and (B) the IDS submitted in the earlier application complies with 37 CFR 1.98(a)-(c). If both of these conditions are met, the examiner will consider the information previously cited or submitted to the Office and considered by the Office in a prior application relied on under 35 U.S.C. 120.
Applicant’s transmittal letter accompanying the IDS dated 4/1/24 states:
Pursuant to 37 C.F.R. § 1.98(d), copies of the listed documents are not provided as these references were previously cited by or submitted to the U.S. Patent Office in connection with Applicants' prior U.S. Application, Serial No. 17/767,683, filed on April 8, 2022, or referenced to be provided in an earlier priority filing which is relied upon for an earlier filing date under 35 U.S.C. § 120.
Applicant’s statement includes “. . . or referenced to be provided in an earlier priority filing which is relied upon for an earlier filing date under 35 U.S.C. § 120” provides an incorrect reason as to why copies of documents do not have to be furnished. Foreign Document No. 2 and NPL Items 11 and 12 of the IDS submitted on 4/1/24 were never submitted on an IDS in the parent application, and therefore paragraphs (a) through (c) of 37 CFR 1.98 could not have been complied with. Foreign Document No. 2 and NPL Item 12 are documents that the Examiner cited on the PTO-892 dated 1/31/24 in parent application 17/767,683 and NPL Item 11 is the Notice of Allowance of the parent application.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-10 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-10 of U.S. Patent No. 11,997,781.
Application No. 18/623,538
U.S. Patent No. 11,997,781
1. An apparatus comprising:
a printed circuit board populated with one or more integrated circuit devices;
a thermal-control system configured to transfer heat generated by the one or more integrated circuit devices to a housing component of the apparatus for external dissipation,
the thermal-control system comprising:
a heat sink, the heat sink generally cylindrical and centered about a central axis,
the heat sink in thermal contact with at least one of the one or more integrated circuit devices;
a first heat spreader, the first heat spreader attached to a first surface of the heat sink; and
a heat shield, the heat shield facing a second surface of the heat sink that is opposite the first surface.
2. The apparatus of claim 1, wherein: the printed circuit is generally circular about the central axis; and the printed circuit board is located between the heat shield and the second surface of the heat sink.
3. The apparatus of claim 2, wherein a second heat spreader is located between the heat shield and the printed circuit board.
4. The apparatus of claim 3, wherein a thermal interface material is located between the second heat spreader and the printed circuit board.
5. The apparatus of claim 1, wherein: the heat sink comprises an interior disk-like body that is substantially orthogonal to the central axis;
the first surface of the heat sink faces an internal cavity region of the housing component of the apparatus.
6. The apparatus of claim 5, further including one or more antennas located within the internal cavity region, each of the one or more antennas extending in a direction that is substantially parallel to the central axis.
7. The apparatus of claim 1, wherein: the heat sink includes a perimeter surface; and the perimeter surface of the heat sink is separated from a complementary, interior surface of the housing component.
8. The apparatus of claim 1, wherein the first heat spreader includes a high-emissivity polyethylene terephthalate film.
9. The apparatus of claim 1, further including a thermal interface material, the thermal interface material located between at least one of the one or more integrated circuit devices and the heat sink.
10. The apparatus of claim 1, wherein the heat shield includes a plastic material.
1. An apparatus comprising:
a printed circuit board, the printed circuit board generally circular about a central axis and populated with one or more integrated circuit devices;
a thermal-control system to transfer heat generated by the one or more integrated circuit devices to a housing component of the apparatus for external dissipation,
the thermal-control system comprising:
a heat sink, the heat sink generally cylindrical and centered about the central axis,
the heat sink including an interior disk-like body that is substantially orthogonal to the central axis and in thermal contact with at least one of the one or more integrated circuit devices;
a first heat spreader, the first heat spreader generally planar and attached to a first surface of the interior disk-like body; and
a heat shield, the heat shield facing a second surface of the interior disk-like body that is opposite the first surface.
2. The apparatus of claim 1, wherein the printed circuit board is located between the heat shield and the second surface of the interior disk-like body.
3. The apparatus of claim 2, wherein a second heat spreader is located between the heat shield and the printed circuit board.
4. The apparatus of claim 3, wherein a thermal interface material is located between the second heat spreader and the printed circuit board.
5. The apparatus of claim 1,
wherein the first surface of the interior disk-like body faces an internal cavity region of the housing component of the apparatus.
6. The apparatus of claim 5, further including one or more antennas located within the internal cavity region, each of the one or more antennas extending in a direction that is substantially parallel to the central axis.
7. The apparatus of claim 1, wherein: the heat sink includes a perimeter surface; and the perimeter surface of the heat sink is separated from a complementary, interior surface of the housing component.
8. The apparatus of claim 1, wherein the first heat spreader includes a high-emissivity polyethylene terephthalate film.
9. The apparatus of claim 1, further including a thermal interface material, the thermal interface material located between at least one of the one or more integrated circuit devices and the heat sink.
10. The apparatus of claim 1, wherein the heat shield includes a plastic material.
Although the claims at issue are not identical, they are not patentably distinct from each other because claims 1 and 7-10 of the instant applications omits “the printed circuit board generally circular about a central axis” and “the heat sink including an interior disk-like body that is substantially orthogonal to the central axis.” Claims 2-6 omit only one of these limitations. It would have been obvious to one having ordinary skill in the art at the time the invention was made to for the claimed apparatus of the instant application to omit at least one of “the printed circuit board generally circular about a central axis” and/or “the heat sink including an interior disk-like body that is substantially orthogonal to the central axis” if the invention(s) of the instant application does not require either of these limitations as these are not critical characteristics of the claimed invention(s), since it has been held that omission of an element and its function in a combination where the remaining elements perform the same functions as before involves only routine skill in the art. In re Karlson, 136 USPQ 184.
Claims 11-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 11-20 of U.S. Patent No. 11,997,781.
Application No. 18/623,538
U.S. Patent No. 11,997,781
11. An apparatus comprising:
a housing component, the housing component including an internal cavity region that is generally concave;
a thermal-control system configured to transfer heat generated by one or more integrated circuit devices to the housing component of the apparatus for external dissipation,
the thermal-control system comprising:
a heat sink that is generally cylindrical and centered about a central axis,
the heat sink including a first surface that faces the internal cavity region and is in thermal contact with at least one of the one or more integrated circuit devices;
a fan mechanism located between the first surface and the internal cavity region,
the fan mechanism having one or more blades configured to rotate; and
a first heat spreader that is:
attached to the first surface; and
located between the one or more blades of the fan mechanism and the first surface of the heat sink.
12. The apparatus of claim 11, wherein the heat sink comprises an interior disk-like body that is substantially orthogonal to the central axis.
13. The apparatus of claim 11, wherein the housing component houses one or more antennas in the internal cavity region of the apparatus, the one or more antennas extending in a direction that is substantially parallel to the central axis.
14. The apparatus of claim 11, further comprising a heat shield that faces a second surface of the interior disk-like body, the second surface opposite the first surface.
15. The apparatus of claim 14, further comprising a printed circuit board that includes the one or more integrated circuit devices, the printed circuit board generally circular and located between the heat shield and the second surface of the interior disk-like body.
16. The apparatus of claim 15, further comprising an electromagnetic interference shield that surrounds at least one of the one or more integrated circuit devices, the electromagnetic interference shield positioned between the printed circuit board and a thermally conductive foam configured to create a thermal contact between the electromagnetic interference shield and the heat sink.
17. The apparatus of claim 15, wherein a second heat spreader is located between the heat shield and the printed circuit board.
18. The apparatus of claim 17, wherein a thermal interface material is located between the second heat spreader and the printed circuit board.
19. The apparatus of claim 18, wherein the heat shield is configured to impede a transfer of heat to a base and promote a transfer of heat to the housing component.
20. The apparatus of claim 19, wherein the fan mechanism is further configured to circulate air within the internal cavity region to increase convection heat-transfer within the apparatus.
11. An apparatus comprising:
a housing component, the housing component including an internal cavity region that is generally concave and symmetrical about a central axis;
a thermal-control system within the housing component,
the thermal-control system configured to transfer heat generated by one or more integrated circuit devices to the housing component of the apparatus for external dissipation,
the thermal-control system comprising:
a heat sink that is generally cylindrical and centered about the central axis,
the heat sink including an interior disk-like body that: is substantially orthogonal to the central axis;
includes a first surface that faces the internal cavity region; and is in thermal contact with at least one of the one or more integrated circuit devices;
a fan mechanism located between the first surface and the internal cavity region,
the fan mechanism having one or more blades configured to rotate about the central axis; and
a first heat spreader that is:
generally planar;
attached to the first surface; and
located between the one or more blades of the fan mechanism and the first surface of the heat sink.
12. The apparatus of claim 11, wherein the first heat spreader includes a high-emissivity polyethylene terephthalate film.
13. The apparatus of claim 11, wherein the housing component houses one or more antennas in the internal cavity region of the apparatus, the one or more antennas extending in a direction that is substantially parallel to the central axis.
14. The apparatus of claim 11, further comprising a heat shield that faces a second surface of the interior disk-like body, the second surface opposite the first surface.
15. The apparatus of claim 14, further comprising a printed circuit board that includes the one or more integrated circuit devices, the printed circuit board generally circular and located between the heat shield and the second surface of the interior disk-like body.
16. The apparatus of claim 15, further comprising an electromagnetic interference shield that surrounds at least one of the one or more integrated circuit devices, the electromagnetic interference shield positioned between the printed circuit board and a thermally conductive foam configured to create a thermal contact between the electromagnetic interference shield and the heat sink.
17. The apparatus of claim 15, wherein a second heat spreader is located between the heat shield and the printed circuit board.
18. The apparatus of claim 17, wherein a thermal interface material is located between the second heat spreader and the printed circuit board.
19. The apparatus of claim 18, wherein the heat shield is configured to impede a transfer of heat to a base and promote a transfer of heat to the housing component.
20. The apparatus of claim 19, wherein the fan mechanism is further configured to circulate air within the internal cavity region to increase convection heat-transfer within the apparatus.
Although the claims at issue are not identical, they are not patentably distinct from each other because the claims 11-20 of the instant application does not require “the housing component . . . symmetrical about a central axis,” “a thermal-control system within the housing component,” “the heat sink including an interior disk-like body that: is substantially orthogonal to the central axis” (required by claim 12 of the instant application) “the fan mechanism . . . configured to rotate about the central axis,” and “a first heat spreader that is: generally planar.” Further none of the instant claim group requires “the first heat spreader includes a high-emissivity polyethylene terephthalate film” requires by claim 12 of U.S. Patent No. 11,997,781. It would have been obvious to one having ordinary skill in the art at the time the invention was made to for the claimed apparatus of the instant application to omit “the housing component . . . symmetrical about a central axis,” “a thermal-control system within the housing component,” “the heat sink including an interior disk-like body that: is substantially orthogonal to the central axis,” “the fan mechanism . . . configured to rotate about the central axis,” “a first heat spreader that is: generally planar,” and “the first heat spreader includes a high-emissivity polyethylene terephthalate film” if the invention(s) of the instant application does not require these limitations as these are not critical characteristics of the claimed invention(s), since it has been held that omission of an element and its function in a combination where the remaining elements perform the same functions as before involves only routine skill in the art. In re Karlson, 136 USPQ 184.
Claim Objections
Claims 5 and 6 are objected to because of the following informalities:
Claim 5, line 3, add “and” to end of line.
Appropriate correction is required.
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 1-20 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.
The metes and bounds of the term “generally cylindrical” in claims 1 and 11 is not defined. When is the heat sink generally cylindrical, and when is the heat sink not generally cylindrical?
The metes and bounds of the term “generally circular” in claims 2 and 15 is not defined. When is the heat sink generally circular, and when is the heat sink not generally circular?
The metes and bounds of the term “generally concave” in claim 11 is not defined. When is the heat sink generally concave, and when is the heat sink not generally concave? and
Claims 14 and 15, “the interior disk-like body” lacks antecedent basis.
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.
(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, 2, 5, 7, and 9 are rejected under 35 U.S.C. 102(a)(1)/102(a)(2) as being anticipated by Chang (US 2019/0104640).
With respect to Claim 1, Chang teaches an apparatus (fig. 3, 10) comprising: a printed circuit board (212) populated with one or more integrated circuit devices (see fig. 3; ¶[0025], l. 9 and ¶[0049]); a thermal-control system configured to transfer heat generated by the one or more integrated circuit devices to a housing component (200) of the apparatus for external dissipation, the thermal-control system comprising: a heat sink (214), the heat sink generally cylindrical (see fig. 3 and 35 USC 112b rejection above) and centered about a central axis (vertical centerline of fig. 3), the heat sink in thermal contact (¶[0037], l. 5, thermal pad) with at least one of the one or more integrated circuit devices; a first heat spreader (220), the first heat spreader attached (fig. 3, attached thru 216) to a first surface (fig. 3, bottom side of 214) of the heat sink; and a heat shield (210 and ¶[0024, l. 16), the heat shield facing (see fig. 3) a second surface (fig. 3, top side of 214) of the heat sink that is opposite the first surface.
With respect to Claims 2, 5, 7, and 9, Chang further teaches the printed circuit is generally circular (see fig. 3 and 35 USC 112b rejection above) about the central axis (vertical centerline of fig. 3); and the printed circuit board is located between (see fig. 3, 212 is between 210 and 214) the heat shield and the second surface of the heat sink (claim 2), the heat sink comprises an interior disk-like body (see fig. 3) that is substantially orthogonal (see fig. 3) to the central axis; the first surface of the heat sink faces an internal cavity region (fig. 3, region inside of 200) of the housing component of the apparatus (claim 5), the heat sink includes a perimeter surface (fig. 3, outer perimeter of 214); and the perimeter surface of the heat sink is separated from (due to the different shapes, there is at least so portion of the outer perimeter of 214 that is separated from the inner surface of 200) a complementary, interior surface (fig. 3, inner surface if 200) of the housing component (claim 7) and a thermal interface material (¶[0037], ll. 6, “a thermal pad between the component and the lid of the RF shield 214”), the thermal interface material located between at least one of the one or more integrated circuit devices and the heat sink (claim 9).
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 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.
Claim 8 and 10 are rejected under AIA 35 U.S.C. 103 as being unpatentable over Chang (US 2019/0104640).
With respect to Claim 8, Chang discloses the claimed invention except for the first heat spreader includes a high-emissivity polyethylene terephthalate film. 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 heat spreader to made from any material including a high-emissivity polyethylene terephthalate film that allows for passive high infrared (IR) emission, 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.
With respect to Claim 10, Chang discloses the claimed invention except for the heat shield includes a plastic material. 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 heat shield to made from any material including a plastic material that allows for electrical insulation of Chang’s element 210, 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.
Allowable Subject Matter
Claims 11-13 and 16-20 are allowed subject to terminal disclaimer filed over U.S. Patent No. 11,997,781.
Claims 14 and 15 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and subject to terminal disclaimer filed over U.S. Patent No. 11,997,781.
Claim 3, 4, and 6 would be allowable if rewritten to overcome the claim objection, the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action, subject to terminal disclaimer filed over U.S. Patent No. 11,997,781 and to include 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 3 and all claims dependent thereof are allowable over the art of record because the prior art does not teach or suggest that “a second heat spreader is located between the heat shield and the printed circuit board”;
Claim 6 is allowable over the art of record because the prior art does not teach or suggest that “one or more antennas located within the internal cavity region, each of the one or more antennas extending in a direction that is substantially parallel to the central axis”;
Claim 11 and all claims dependent thereof are allowable over the art of record because the prior art does not teach or suggest that a housing component including an internal cavity region; a thermal-control system within the housing component, the thermal-control system configured to transfer heat generated by one or more integrated circuit devices to the housing component of the apparatus for external dissipation, the thermal-control system comprising: a heat sink centered around a center axis; the heat sink including a first surface that faces the internal cavity region and is in thermal contact with at least one of the one or more integrated circuit devices; a fan mechanism located between the first surface and the internal cavity region; and a first heat spreader that is: attached to the first surface; and located between one or more blades of the fan mechanism and the first surface of the heat sink.
The aforementioned limitations in combination with all remaining limitations of the respective claims are believed to render said claims 3, 6, 11 and all claims dependent thereof patentable over art of record.
Conclusion
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.
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RJH 3/2/2026
/ROBERT J HOFFBERG/
Primary Examiner, Art Unit 2835