DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Election/Restrictions
Applicant’s election of the Invention of Group I, claims 1-19 in the reply filed on 06/23/2026 is acknowledged. Because Applicant did not distinctly and specifically point out the supposed errors in the restriction requirement, the election of the Invention of Group I has been treated as an election without traverse (MPEP § 818.01(a)).
Furthermore, Applicant's election with traverse of the Species II (Fig. 3) is acknowledged. The traversal is on the ground(s) that, allegedly, “Correction of the Examiner's characterization of FIGS. 2 and 3 is respectfully requested. The Examiner characterized FIGS. 2 and 3 as showing air-cooled plates. The plates of FIGS. 2 and 3 may be air-cooled or liquid-cooled. Furthermore, the plates of FIG. 3 may be connected in series or in parallel. Accordingly, claims 1-19 read on FIG. 3.”
This is not found persuasive, because Fig. 3 (Species II) depicts the embodiment with air cooled plate(s), not with liquid cooled ones. The election of Species requirement clearly differentiate between the air cooled plates and liquid cooled plates. Also, it was clearly stated in the Restriction-Election requirement that “Should applicant traverse […] applicant should submit evidence or identify such evidence now of record showing them to be obvious variants or clearly admit on the record that this is the case.”
However, Applicant has failed to do so. Accordingly, the requirement is still deemed proper and is therefore made FINAL.
In view of the above, claim 10 has been withdrawn from further consideration on the merits, since it drawn to the non-elected Species with liquid cooled cold plates.
The Office action on the elected claims 1-9 and 11-19 follows.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the “heat sink” (claim 9), “the cutout is configured to at least partially surround the first electronic circuit and a second electronic circuit disposed on the PCB” (claim 15), “the heat transfer surface is configured to transfer heat from the first electronic circuit and the second electronic circuit” (claim 15), “the cold plate further contains another heat transfer surface configured to transfer heat from the second electronic circuit” (claim 15), “pin or screw” (claim 12), and “holes” (claim 12) must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Furthermore, the drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they include the following reference character(s) not mentioned in the description: “206a”, “206b”, “214a”, “212b”, “208a”, “208b”, etc.
The aforementioned problems are just examples. Applicant’s cooperation is requested in correcting remaining problems and informalities in the drawings.
Corrected drawing sheets in compliance with 37 CFR 1.121(d), or amendment to the specification to add the reference character(s) in the description in compliance with 37 CFR 1.121(b) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
The specification is objected. Superfluous repetition of the claims or claim-like clauses appended to the description on pp. 13-16 must be deleted. The term “claim-like clauses” means clauses present in the description which use claim language such as “according to the preceding clause”, “of example 1a”, “of any preceding example”, etc. These “claim-like clauses” include examples, embodiments or aspects presented as claim-like clauses.
Furthermore, the two different reference characters are used in reference to the “plate” (i.e. “206” and “208”, e.g., see par. [0043], etc.).
The lengthy specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant’s cooperation is requested in correcting any errors of which applicant may become aware in the specification.
Claim Rejections - 35 USC § 112
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 12-14, 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.
Claim 12 recites the limitations “holes disposed in the base or the cold plate that does not have the plates connected thereto”. The specification (except generic statements) does not provide adequate support for the aforementioned limitations. To say more, as best understood, the drawings teach the opposite, e.g., see Fig. 3 depicting plates (206a, 206b) connected to both -the base (110) and the cold plate(s) (112a, 112b).
Claims 13 and 14 inherit the aforementioned problems of the parent claim 12, and therefore have been also rejected along with said claim 12.
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 12-14, 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.
Claim 12 recites the limitations “holes disposed in the base or the cold plate that does not have the plates connected thereto”. These limitations render the claim indefinite. The specification (except generic statements) does not provide adequate teaching for the actual meaning of the aforementioned limitations. To say more, as best understood, the drawings teach the opposite, e.g., see Fig. 3 depicting plates (206a, 206b) connected to both -the base (110) and the cold plate(s) (112a, 112b).
Claims 13 and 14 inherit the aforementioned problems of the parent claim 12, and therefore have been also rejected along with said claim 12.
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.
Claims 1-3, 5-9, 11-14, and 19 are rejected under 35 U.S.C. 102(a)(1) as being clearly anticipated by US 2009/0104807 to Lin et al. (hereafter “Lin”).
Regarding claims 1 and 19, Lin discloses a system (Figs. 1-6) comprising: a printed circuit board (PCB) (par. [0017]); an electronic circuit (2) disposed on the PCB; and a rotating cold plate assembly (1) including: a base (3) mounted to the PCB that at least partially surrounds the electronic circuit (2) disposed on the PCB; a cold plate (5, 6) having a heat transfer surface (60) configured to transfer heat from the electronic circuit to a cooling medium; and a hinge (the pin (7) and accommodating holes) connecting the base and the cold plate, and configured to move the heat transfer surface into and away from thermal contact with the electronic circuit.
Regarding claim 2, Lin discloses that the base (3) further includes a top surface of the base and a lower surface of the base (inherently); the base defines a cutout (300) extending from the top surface of the base to the lower surface of the base; and the cutout is configured to receive the electronic circuit (2).
Regarding claim 3, Lin discloses that the hinge is further configured to allow the cold plate (5, 6) to rotate relative to the base (3) along a rotation axis (along (7)); and the rotation axis is substantially parallel to a top surface of the base (Figs. 1 and 2).
Regarding claim 5, Lin discloses that the cold plate (5, 6) further includes a lower surface of the cold plate (Fig. 1); the heat transfer surface (60) is planar; and the heat transfer surface (60) is offset from the lower surface of the cold plate (Fig. 1).
Regarding claim 6, Lin discloses that the cold plate (5, 6) further includes a top surface of the cold plate (Fig. 1); and the lower surface of the cold plate is arranged between the heat transfer surface (60) and the top surface of the cold plate (Fig. 1).
Regarding claim 7, Lin discloses a cold plate fixing portion (30) configured to, when engaged, restrict movement of the cold plate (5, 6) relative to the base (3).
Regarding claim 8, Lin discloses that he hinge is further configured to allow the cold plate (5, 6) to rotate at least 90 degrees relative to the base (3), (Fig. 1).
Regarding claim 9, Lin discloses that the cooling medium is air; the cold plate (5, 6) includes a heat sink (6); and the cold plate is further configured to transfer the heat from the electronic circuit (20 to the air via the heat sink (6).
Regarding claim 11, Lin discloses that the heat transfer surface (60) has a shape that corresponds to a shape of the electronic circuit (2), (Fig. 1).
Regarding claim 12, as best understood, Lin discloses that the hinge includes: at least one plate (see annotated Figs. 2, 3 below) connected to one of the base (3) or the cold plate (5, 6); holes disposed in the base or the cold plate that does not have the plates connected thereto; and at least one pin or screw (7) disposed through the plate and the holes.
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Regarding claims 13 and 14, as best understood, Lin discloses that the plate is connected to the cold plate (5, 6); the cold plate further includes a lower surface of the cold plate; and the plate extends past the lower surface of the cold plate, wherein the plate includes slots; and the pin or screw (7) is disposed within the slots of the plate (see annotated Figs. 2 and 3 above).
Claim Rejections - 35 USC § 103
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 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 15-18, are rejected under 35 U.S.C. 103 as being unpatentable over Lin taken alone.
Regarding claims 15-18, Lin dose not disclose: that the electronic circuit is a first electronic circuit; the base further includes a top surface of the base and a lower surface of the base; the base defines a cutout extending from the top surface of the base to the lower surface of the base; the cutout is configured to at least partially surround the first electronic circuit and a second electronic circuit disposed on the PCB; the heat transfer surface is configured to transfer heat from the first electronic circuit and the second electronic circuit; or the cold plate further contains another heat transfer surface configured to transfer heat from the second electronic circuit; and the hinge is configured to move the heat transfer surface into and away from thermal contact with the first electronic circuit and the second electronic circuit, wherein: the electronic circuit is a first electronic circuit, the cold plate is a first cold plate, the heat transfer surface is a first heat transfer surface and the hinge is a first hinge; the base is configured to at least partially surround the first electronic circuit and a second electronic circuit disposed on the PCB; the cold plate assembly further includes a second cold plate, the second cold plate having a second heat transfer surface configured to transfer heat from the second electronic circuit to the cooling medium; and the cold plate assembly further includes a second hinge connecting the base and the second cold plate, and configured to move the second heat transfer surface into and away from thermal contact with the second electronic circuit, wherein: the first hinge has a first rotation axis; the second hinge has second rotation axis; and the first rotation axis and the second rotation axis are substantially parallel to one another, wherein the first hinge and the second hinge are disposed on opposing sides of the base.
All of the aforementioned structure amounts to a mere duplication of the essential working parts of a device (i.e., of the electronic circuits, heat transfer surfaces, cold plates, hinges with their respective rotational axes, etc.).
It would have been obvious to a person of the ordinary skill in related arts before the effective filing date of the claimed invention to have duplicated the aforementioned components, so as to meet the limitations of claims 15-18, in order to predictably adapt the system of Lin for cooling plural electronic circuits, since it has been held that mere duplication of the essential working parts of a device involves only routine skill in the art. See In re Harza, 274 F.2d 669, 124 USPQ 378 (CCPA 1960; St. Regis Paper Co. v. Bemis Co., 193 USPQ 8. Furter, it would have been also obvious to such a person of the ordinary skill to optimally position the hinges in any suitable way, including as claimed, in order to predictably achieve desired characteristics of the device (e.g., space utilization, material consumption, cooling efficiency, etc.) as an obvious design choice, since it has been held that rearranging parts of an invention involves only routine skill in the art. See In re Japikse, 86 USPQ 70; In re Kuhle, 526 F.2d 553, 188 USPQ 7 (CCPA 1975). Also, all claimed elements were known in the prior art and one skilled in the art could have combined / modified the elements as claimed by known methods with no change in their respective functions, and the combination / modification would have yielded predictable results to one of ordinary skill in the art before the effective filing date of the claimed invention. See KSR International Co. v. Teleflex Inc., 550 U.S.___, 82 USPQ2d 1385 (2007).
Claim 4, and alternatively as best understood claims 12 and 14, are rejected under 35 U.S.C. 103 as being unpatentable over Lin in view of US 7, 580, 259 to Hsiao.
Regarding claim 4 Lin does not disclose that the hinge is further configured to allow the cold plate to translate relative to the rotation axis.
Hsiao discloses a translating hinge (Figs. 1-3) to allow the pivotable fan (14) to pivot and translate in relation to its rotation axis in order to be positioned over the electronic devices (30) to be cooled (Figs. 4A-4D).
It would have been obvious to a person of the ordinary skill in related arts before the effective filing date of the claimed invention to have modified the hinge of Lin and make it translating as taught by Hsiao, so as to allow the cold plate of Lin to translate relative to its rotational axis, in order to predictably enhance its placement on, and coupling with, the base (i.e., the translation would allow for some play in the cold plate to compensate for manufacturing tolerances and the increased clearances due to wear resulting from wear over time). Also, all claimed elements were known in the prior art and one skilled in the art could have combined / modified the elements as claimed by known methods with no change in their respective functions, and the combination / modification would have yielded predictable results to one of ordinary skill in the art before the effective filing date of the claimed invention. See KSR International Co. v. Teleflex Inc., 550 U.S.___, 82 USPQ2d 1385 (2007).
Regarding claim 12, as best understood, Hsiao discloses that the hinge includes: at least one plate (111) connected to the base (11); holes (within (131, 132)) disposed in the base or the cold plate that does not have the plates connected thereto; and at least one pin or screw (121, 122) disposed through the plate and the holes (Figs. 1-3).
Regarding claim 14, as best understood, Hsiao discloses that the plate (111) includes slots (112); and the pin or screw (121, 122) is disposed within the slots of the plate (figs. 1-3).
Conclusion
The prior art made of record and not relied upon is considered pertinent to Applicant's disclosure, because of the teachings of various pivotable cold plates and heat sinks employed in cooling arrangements for electronic devices.
Furthermore, the Office would like to direct the Applicant’s attention to the following references that could have been also used for statutory rejection of the at least independent claims of the instant application: US 2009/0104807, US 7803006, US 7559784, US 7946881,
US 2005/0094366, US 6278610, US 7828576, US 2002/0075024, US 10631445, and
US 10003153.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Anatoly Vortman whose telephone number is (571)272-2047. The examiner can normally be reached Monday-Thursday, between 10 am and 8:30 pm.
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, Jayprakash N. Gandhi can be reached at 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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/Anatoly Vortman/
Primary Examiner
Art Unit 2841
Prosecution Insights