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
Claims 7, 10-11 and 14 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention and species, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 7/1/2026.
Applicant’s election without traverse of Group I, claims 1-9 and 11-13 and species A fig 1 and claims 1-6, 8, 9, 12 and 13 in the reply filed on 7/1/2026 is acknowledged.
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 electrical or electronic element in claim 1, the second heat-transfer fluid disruption component in claim 1 must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) 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. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. 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.
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 1-6, 8, 9, 12 and 13 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 1 recites the limitation of "the thermal management" in line 1. There is insufficient antecedent basis for this limitation in the claim since a thermal management was not previously positively recited.
Claim 2 recites the limitation "the flow of the heat-transfer fluid" in lines 2-3. There is insufficient antecedent basis for this limitation in the claim.
Claim 2 recites the limitation "the turbulence" in line 3. There is insufficient antecedent basis for this limitation in the claim since it was not previously positively recited.
Claim 2 recites the limitation "the second average hydraulic diameter” and “the first average hydraulic diameter” in lines 4-5. There is insufficient antecedent basis for this limitation in the claim.
Claim 3 recites the limitation "the base wall" in line 1. There is insufficient antecedent basis for this limitation in the claim.
Claim 3 recites the limitation "the deformations and undeformed parts between each deformation" in line 2 and “the ratio of deformations” in lines 2-3. There is insufficient antecedent basis for this limitation in the claim.
Claim 5 recites the limitation "the heat exchange wall" and “the base wall” in lines 1-2. There is insufficient antecedent basis for this limitation in the claim.
Claim 6 recites the limitation "the hydraulic diameter" in lines 1-2. There is insufficient antecedent basis for this limitation in the claim.
The term “increases regularly” in claims 6 and 12 is a relative term which renders the claim indefinite. The term “regularly” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. It is unclear as to what regularly is defining.
Claims 8 and 13 recites the limitation "the total length of the channel" in line 2. There is insufficient antecedent basis for this limitation in the claim.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1-6, 8, 9, 12 and 13 are rejected under 35 U.S.C. 103 as being unpatentable over Shimoya et al. (US Patent No.: 5,172,759 hereinafter “Shimoya”) in view of Hom et al. (US Patent No.: 8,157,001 hereinafter “Horn”).
With respect to claim 1, Shimoya discloses a heat exchanger (Fig. 2) for the thermal management of an electrical and/or electronic element, comprising a heat exchange body (Fig. 3, 2) having: a heat exchange surface (Fig. 2, surface of plate 2), a base surface opposite the heat exchange surface (Fig. 3, bottom surface on flow channel 7), a flow channel for a heat-transfer fluid formed between the heat exchange surface and the base surface (Fig. 3, channel 7), the flow channel including: a first zone having a first heat-transfer-fluid flow disruption component (Fig. 3, first zone 72 has first disruption 24), a second zone having a second heat-transfer-fluid disruption component (Fig. 3, second zone 71 has second disruption 23), the first heat-transfer-fluid flow disruption component consisting of a plurality of local deformations of the base surface (Fig. 3, plurality of 24 on base of 72) and the second heat-transfer-fluid flow disruption component consisting of a fin arranged between the heat exchange surface and the base surface and forming a plurality of flow paths (Fig. 3, 23 are a plurality of fins that create multiple flow paths).
Shimoya does not disclose the intended use limitation of for the thermal management of an electrical and/or electronic element and heat exchange surface intended to be in thermal contact with the electrical and/or electronic element.
Horn teaches a plate heat exchanger assembly (410) used for cooling electronics (Fig. 4, heat exchanger cools electronic component 460). It would have been obvious to one having ordinary skill in the art at the time the invention was filed to have modified the heat exchanger of Shimoya to be used for cooling electronics as taught by Horn to have a high efficient cooling system to aid in high heat electronic components (Col. 1).
With respect to claim 2, Shimoya and Horn teach the heat exchanger of claim 1 as discussed above. Shimoya also discloses wherein the second heat-transfer-fluid flow disruption component is able to generate turbulence in the flow of the heat-transfer fluid greater than the turbulence generated by the first heat-transfer-fluid flow disruption component (Fig. 3, 23 is capable of the intended use limitation of generating a greater turbulence than 24) and the second average hydraulic diameter is greater than the first average hydraulic diameter (It’s unclear as to what the hydraulic diameter is defining as discussed in the 112 above. The diameter of 23 is larger than 24).
It is noted that the phrases “is able to generate…” 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.
With respect to claim 3, Shimoya and Horn teach the heat exchanger of claim 2 as discussed above. Shimoya also discloses wherein the base wall includes the deformations and undeformed parts between each deformation (Fig. 3, 71 and 72 between 23 and 24), the ratio of deformations to undeformed parts by cm² of the first zone may be constant or variable along the first zone (Fig. 3, constant ratio of 24 in first zone 72).
With respect to claim 4, Shimoya and Horn teach the heat exchanger of claim 3 as discussed above. Shimoya also discloses wherein each deformation has a height H and a top separated by a non-zero distance d from the heat exchange wall (Fig. 3, 23 and 24 have a height).
With respect to claim 5, Shimoya and Horn teach the heat exchanger of claim 1 as discussed above. Shimoya also discloses, wherein the heat exchange wall is a first plate and the base wall is a second plate (Fig. 2 shows plates 2 stacked together to form the two walls), the flow channel being formed by at least one deformation of the second plate (Fig. 3, flow channels in 71 and 72 can be on a second plate 2).
With respect to claim 6, Shimoya and Horn teach the heat exchanger of claim 1 as discussed above. Shimoya also discloses wherein the hydraulic diameter increases regularly along the first zone of the channel (Fig. 3, hydraulic diameter increase from the bottom of zone 1 in 72 to the outlet 62) and the second zone (Fig. 3, hydraulic diameter in zone 71 increases from 52 to the bottom).
With respect to claim 8, Shimoya and Horn teach the heat exchanger of claim 1 as discussed above. Shimoya also discloses wherein the first zone covers between 50% and 80% of the total length of the channel (Fig. 3, first zone in 72 can be between 50-80% of the total plate length or channel).
With respect to claim 9, Shimoya and Horn teach the heat exchanger of claim 1 as discussed above. Shimoya also discloses wherein the flow channel includes a plurality of lines that are parallel to one another in the first zone (Fig. 3, plurality of horizontal lines between 24 in the first zone 72).
With respect to claim 12, Shimoya and Horn teach the heat exchanger of claim 1 as discussed above. Shimoya also discloses wherein the hydraulic diameter increases regularly along the first zone of the channel or the second zone (Fig. 3, hydraulic diameter in 71 increases from 52 to the bottom of the plate).
With respect to claim 13, Shimoya and Horn teach the heat exchanger of claim 1 as discussed above. Shimoya also discloses wherein the first zone covers 70% of the total length of the channel (Fig. 3, first zone in 72 can cover 70% of the total plate length or channel).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CLAIRE E ROJOHN III whose telephone number is (571)270-5431. The examiner can normally be reached 9:00-5:00 M-F.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Len Tran can be reached at (571)272-1184. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CLAIRE E ROJOHN III/ Primary Examiner, Art Unit 3763
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