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 .
This action is in response to amendment filed 12/19/2025. Currently, claim 6 is cancelled and claims 1-5 and 7-9 are pending.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 1-5 and 8-9 are rejected under 35 U.S.C. 103 as being unpatentable over Gotou et al. (US Publication No.: 2013/0153186 hereinafter “Gotou”) in view of Salamon et al. (US Publication No.: 2022/0412662 hereinafter “Salamon”).
With respect to claim 1, Gotou discloses a cooling device (Figs. 1-3), comprising: a first plate (Figs. 1-3, first plate 20), wherein a first surface of the first plate is provided with a runner (Figs. 1-3, runner 50 for fluid flow path 42), the runner is configured for accommodating a fluid (Figs. 1-3, fluid flow path 42), and the runner has a zigzag shape (Fig. 2, shows flow path 42 has a zig-zag shape in 50); and a second plate (Fig. 1, top plate 26); wherein the first surface of the first plate is in contact with the second plate (Fig. 4, top plate 26 sits on a first surface of 20 at 50).
Gotou does not disclose wherein a guide strip is disposed at a bent segment of the runner, and an extending direction of the guide strip is substantially consistent with an extending direction of the runner and the guide strip is located inside the runner and is at a certain distance from an inner wall of the runner.
Salamon teaches a guide strip disposed at a bent segment of a fluid flow channel that is spaced from an inner wall (Fig. 5, guide strip 622). It would have been obvious to one having ordinary skill in the art at the time the invention was filed to have modified the bent segment of the fluid flow path of Gotou with a guide strip as taught by Salamon to narrow the diameter of the channel to introduce additional wall surface area to enhance heat transfer and reduce channel width areas to help the formation of fluid slugs (Para 0080).
With respect to claim 2, Gotou and Salamon teach the cooling device according to claim 1 as discussed above. Gotou also discloses wherein the first plate and the second plate are molded by cast-molding (Para 0034-0037).
It is noted that claim 2 contains a product by process limitation (i.e. are molded by cast-molding) and that the product by process limitation does not limit the claim to recite the step, just the structure obtained by performing the step. Further, in product-by-process claims, “once a product appearing to be substantially identical is found and a 35 U.S.C. 102/103 rejection [is] made, the burden shifts to the applicant to show an unobvious difference.” MPEP 2113. This rejection under 35 U.S.C. 102/103 is proper because the “patentability of a product does not depend on its method of production.” In re Thorpe, 227 USPQ 964, 966 (Fed. Cir. 1985).
With respect to claim 3, Gotou and Salamon teach the cooling device according to claim 2 as discussed above. Gotou also discloses wherein the first plate and the second plate are integrated by brazing (Para 0043-0044, 0046 & 0051-0053).
It is noted that claim 3 contains a product by process limitation (i.e. are integrated by brazing) and that the product by process limitation does not limit the claim to recite the step, just the structure obtained by performing the step. Further, in product-by-process claims, “once a product appearing to be substantially identical is found and a 35 U.S.C. 102/103 rejection [is] made, the burden shifts to the applicant to show an unobvious difference.” MPEP 2113. This rejection under 35 U.S.C. 102/103 is proper because the “patentability of a product does not depend on its method of production.” In re Thorpe, 227 USPQ 964, 966 (Fed. Cir. 1985).
With respect to claim 4, Gotou and Salamon teach the cooling device according to claim 1 as discussed above. Gotou also discloses wherein the first plate and the second plate are integrated by brazing (Para 0043-0044, 0046 & 0051-0053).
It is noted that claim 4 contains a product by process limitation (i.e. are integrated by brazing) and that the product by process limitation does not limit the claim to recite the step, just the structure obtained by performing the step. Further, in product-by-process claims, “once a product appearing to be substantially identical is found and a 35 U.S.C. 102/103 rejection [is] made, the burden shifts to the applicant to show an unobvious difference.” MPEP 2113. This rejection under 35 U.S.C. 102/103 is proper because the “patentability of a product does not depend on its method of production.” In re Thorpe, 227 USPQ 964, 966 (Fed. Cir. 1985).
With respect to claim 5, Gotou and Salamon teach the cooling device according to claim 1 as discussed above. Gotou also discloses wherein the runner comprises a plurality of straight segments (Fig. 2, straight segments in 16) and a plurality of bent segments (Fig. 2, bent segments in 42 around 48a), the plurality of straight segments are arranged in parallel (Fig. 2, fluid flow segments in 16 are parallel), and the plurality of straight segments are communicated with each other head to tail through the plurality of bent segments (Fig. 2).
With respect to claim 8, Gotou and Salamon teach the cooling device according to claim 1 as discussed above. Gotou also discloses wherein a side surface of the runner is provided with a rib structure (Fig. 3, rib structure 38 and 40).
Gotou is silent to the rib structure being a micro-rib structure. In Gardner v. TEC Systems, Inc., 725 F.2d 1338, 220 USPQ 777 (Fed. Cir. 1984), cert. denied, 469 U.S. 830, 225 USPQ 232 (1984), the Federal Circuit held that, where the only difference between the prior art and the claims was a recitation of relative dimensions of the claimed device and a device having the claimed relative dimensions would not perform differently than the prior art device, the claimed device was not patentably distinct from the prior art device. The configuration of the size of the claimed rib structure is a matter of choice which a person of ordinary skill in the art would have found obvious absent persuasive evidence that the particular configuration of the claimed micro-rib was significant.
With respect to claim 9, Gotou and Salamon teach the cooling device according to claim 8 as discussed above. Gotou also discloses wherein the first plate is provided with a first mounting hole (Figs. 1-2, mounting holes 46), the first mounting hole is configured for installing a heating device (Figs. 1-3, 12 is installed with mounting holes and Para 0034), and the micro-rib structure is arranged around the first mounting hole (Figs. 2-3, ribs 38 and 40 are arranged around holes 46).
It is noted that the phrases “is configured for installing a heating device” are statements of intended use and the structure as disclosed by the combined teachings are capable of performing the function. Further, the teachings disclose all of the structural features of the claim. Therefore, applicant's arguments are not persuasive and the rejection is maintained.
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Gotou et al. (US Publication No.: 2013/0153186 hereinafter “Gotou”) in view of Salamon et al. (US Publication No.: 2022/0412662 hereinafter “Salamon”) and further in view of Adachi (US Patent No.: 10,014,236).
With respect to claim 7, Gotou and Salamon teach the cooling device according to claim 1 as discussed above. Gotou also discloses wherein an end portion of the runner is provided with an inlet-and-outlet port (Fig. 2, inlet 30 and 32 are broadly at an end portion), and the inlet-and-outlet port is configured for the fluid to flow into and out of the runner (Para 0036).
Gotou does not disclose wherein the inlet-and-outlet port is in communication with the runner at an obtuse angle.
Adachi teaches an inlet and outlet port is in communication with a runner at an obtuse angle (Fig. 8, 23h and 23g and Col. 6, lines 49-67). It would have been obvious to one having ordinary skill in the art at the time the invention was filed to have modified the angle at which the inlet and outlet ports are in communication with the runner of Gotou with an obtuse angle as taught by Adachi to suppress vortexes that can occur near the inlets and outlets and aid in fluid distribution (Col. 6, lines 49-Col. 7 line 18).
Response to Arguments
Applicant’s arguments with respect to claim 1 have been considered but are moot because the newly added reference Salamon teaches the newly added claim limitations of a guide strip spaced a certain distance from an inner wall.
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 nonprovisional extension fee (37 CFR 1.17(a)) 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 mailing date of this final action.
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/CLAIRE E ROJOHN III/Primary Examiner, Art Unit 3763