DETAILED ACTION
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.
Claim(s) 1-2 and 4-8 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Yu (US 2019/0145714).
Regarding claim 1, Yu teaches a thermally conductive structure (such as a heat pipe; Para. [0004]) comprising a thermally conductive plate (“metal substrate”) comprising a first side and a heat source coupled opposite the first side (inherent in a heat pipe; see Para. [0003], electronics); and a first capillary structure (Fig. 1a) disposed on the first side (i.e. inherently internal to the heat pipe); the first capillary structure comprises a plurality of media pores with different pore sizes (see Fig. 1a); and the pores extend through the first capillary structure and along a thickness direction of the structure (Fig. 1b); gaps are present between at least some of the media pores which connect adjacent media pores (the structure is a wick for a heat pipe, so inherently; also, see Para. [0007]: “excellent capillary force and permeability”).
As the formation method of the device of Yu (see Para. [0013] and [0016]) are identical to that of the disclosure (see Para. [0028]-[0029]), the resultant structures, per claims 2-8 are also identical, including the size range of the media pores.
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, 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(s) 9-13 and 15-22 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yu in view of Sun (US 2022/0046783).
Regarding claims 9 and 20, Yu does not specify the extent of the first capillary structure.
Sun teaches that it is old and well-known to provide a capillary structure (e.g. 31; fig. 1) which covers the entire thermally conductive plate (see Fig. 1; lower plate 10).
It would have been obvious to one of ordinary skill to form the device of Yu in accordance with Sun as Yu has left these constructional details and choices to one of ordinary skill.
Regarding claim 10, Yu does not specify the second capillary structure.
Sun teaches a core area (above 200) corresponding to the heat source with a first capillary structure covering the core area (311; e.g. Fig. 4); and a non-core area with a second capillary structure (312; Fig. 4) disposed on the second side, opposite the heat source (fig. 4) of the plate (bottom plate of 10) and at least partially ‘overlapping’ the first capillary structure (Fig. 4; the boundaries of 311 are shown entering into 312).
It would have been obvious to one of ordinary skill to form the device of Yu in accordance with Sun in order to optimize the heat spreading abilities of the capillary structures based on their operational conditions, as taught by Sun.
Regarding claim 11, Regarding claim 1, Yu teaches a thermally conductive structure (such as a heat pipe; Para. [0004]) comprising a thermally conductive plate (“metal substrate”) comprising a first side and a heat source coupled opposite the first side (inherent in a heat pipe; see Para. [0003], electronics); and a first capillary structure (Fig. 1a) disposed on the first side (i.e. inherently internal to the heat pipe); the first capillary structure comprises a plurality of media pores with different pore sizes (see Fig. 1a); and the pores extend through the first capillary structure and along a thickness direction of the structure (Fig. 1b); gaps are present between at least some of the media pores which connect adjacent media pores (the structure is a wick for a heat pipe, so inherently; also, see Para. [0007]: “excellent capillary force and permeability”).
Sun teaches a cover plate (upper plate of 10) and a thermally conductive structure comprising a thermally conductive plate (lower plate of 10) comprising a first side (interior) with a heat source (200) opposite the first side; and a first capillary structure (311; Fig. 4) disposed on the first side (fig. 4) and pillars (e.g. 11 in Fig. 1) are formed between the cover and thermally conductive plates.
It would have been obvious to one of ordinary skill to form the heat pipe of Yu with the specific structures of Sun as Yu has left such details and decisions to one of ordinary skill.
As the formation method of the device of Yu (see Para. [0013] and [0016]) are identical to that of the disclosure (see Para. [0028]-[0029]), the resultant structures, per claims 12 and 22 are also identical.
Regarding claim 12, Yu teaches a thermally conductive structure (such as a heat pipe; Para. [0004]) comprising a thermally conductive plate (“metal substrate”) comprising a first side and a heat source coupled opposite the first side (inherent in a heat pipe; see Para. [0003], electronics); and a first capillary structure (Fig. 1a) disposed on the first side (i.e. inherently internal to the heat pipe); the first capillary structure comprises a plurality of media pores with different pore sizes (see Fig. 1a); and the pores extend through the first capillary structure and along a thickness direction of the structure (Fig. 1b); gaps are present between at least some of the media pores which connect adjacent media pores (the structure is a wick for a heat pipe, so inherently; also, see Para. [0007]: “excellent capillary force and permeability”).
Sun teaches a housing to enclose the entire heat sink and electronic device (Para. [0049]); a cover plate (upper plate of 10) and a thermally conductive structure comprising a thermally conductive plate (lower plate of 10) comprising a first side (interior) with a heat source (200) opposite the first side; and a first capillary structure (311; Fig. 4) disposed on the first side (fig. 4) and pillars (e.g. 11 in Fig. 1) are formed between the cover and thermally conductive plates.
It would have been obvious to one of ordinary skill to form the heat pipe of Yu with the specific structures of Sun as Yu has left such details and decisions to one of ordinary skill.
As the formation method of the device of Yu (see Para. [0013] and [0016]) are identical to that of the disclosure (see Para. [0028]-[0029]), the resultant structures, per claims 13-22 are also identical.
Below are alternate theories of rejection based upon a presumption that specific structures do not inherently result from the fact that Yu’s process is identical to that of the applicant’s disclosure. This does not in anyway indicate that the Office supports such a position.
Claim(s) 1-2 and 4-8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yu (US 2019/0145714) in view of CN 109023459 (‘459).
Regarding claims 1-2, Yu teaches a thermally conductive structure (such as a heat pipe; Para. [0004]) comprising a thermally conductive plate (“metal substrate”) comprising a first side and a heat source coupled opposite the first side (inherent in a heat pipe; see Para. [0003], electronics); and a first capillary structure (Fig. 1a) disposed on the first side (i.e. inherently internal to the heat pipe); the first capillary structure comprises a plurality of media pores with different pore sizes (see Fig. 1a); and the pores extend through the first capillary structure and along a thickness direction of the structure (Fig. 1b); gaps are present between at least some of the media pores which connect adjacent media pores (the structure is a wick for a heat pipe, so inherently; also, see Para. [0007]: “excellent capillary force and permeability”).
If it is not inherent that the gaps between pores are generated at the recited sizes due to the same formation method being used as that recited in the present application:
‘459 teaches that it is old and well-known when forming a micro/nano structured wick for a heat pipe by electrodepositing copper into dendrites it is old and well-known to form pores in the size range of 1-1000 microns with openings between those pores of “nanometers to hundreds of nanometers” (in nanometers, the claimed scale is 10 to 10,000).
It would have been obvious to one of ordinary skill at the time of filing to utilize the pore and gap scale taught by ‘459 in the device of Yu as Yu has explicitly left such determinations to the artisan of ordinary skill for implementation.
‘459 further teaches: first and second connection walls enclosing the pores (see Fig. 1), per claim 4; gaps between the thickness of the first and second connection walls (the openings between pores discussed in claim 1 above), per claim 5; the first capillary structure comprises a connection neck coupled adjacent to the first, second, or both connections walls (i.e. the joint where different walls meet each other; see Fig. 1), per claim 6; first and second sub-walls which are flat or rod shaped (see flat extensions outward from the walls, dendrites, in Fig. 2), per claim 7; which end in spherical shapes (the ends are rounded, i.e. hemispherical; see Fig. 2), per claim 8.
Claim(s) 9-13 and 15-22 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yu in view of ‘459 and Sun (US 2022/0046783).
Regarding claim 9, Yu does not specify the extent of the first capillary structure.
Sun teaches that it is old and well-known to provide a capillary structure (e.g. 31; fig. 1) which covers the entire thermally conductive plate (see Fig. 1; lower plate 10).
It would have been obvious to one of ordinary skill to form the device of Yu in accordance with Sun as Yu has left these constructional details and choices to one of ordinary skill.
Regarding claim 10, Yu does not specify the second capillary structure.
Sun teaches a core area (above 200) corresponding to the heat source with a first capillary structure covering the core area (311; e.g. Fig. 4); and a non-core area with a second capillary structure (312; Fig. 4) disposed on the second side, opposite the heat source (fig. 4) of the plate (bottom plate of 10) and at least partially ‘overlapping’ the first capillary structure (Fig. 4; the boundaries of 311 are shown entering into 312).
It would have been obvious to one of ordinary skill to form the device of Yu in accordance with Sun in order to optimize the heat spreading abilities of the capillary structures based on their operational conditions, as taught by Sun.
Regarding claims 11 and 22, Yu teaches a thermally conductive structure (such as a heat pipe; Para. [0004]) comprising a thermally conductive plate (“metal substrate”) comprising a first side and a heat source coupled opposite the first side (inherent in a heat pipe; see Para. [0003], electronics); and a first capillary structure (Fig. 1a) disposed on the first side (i.e. inherently internal to the heat pipe); the first capillary structure comprises a plurality of media pores with different pore sizes (see Fig. 1a); and the pores extend through the first capillary structure and along a thickness direction of the structure (Fig. 1b); gaps are present between at least some of the media pores which connect adjacent media pores (the structure is a wick for a heat pipe, so inherently; also, see Para. [0007]: “excellent capillary force and permeability”).
If it is not inherent that the gaps between pores are generated at the recited sizes due to the same formation method being used as that recited in the present application:
‘459 teaches that it is old and well-known when forming a micro/nano structured wick for a heat pipe by electrodepositing copper into dendrites it is old and well-known to form pores in the size range of 1-1000 microns with openings between those pores of “nanometers to hundreds of nanometers” (in nanometers, the claimed scale is 10 to 10,000).
It would have been obvious to one of ordinary skill at the time of filing to utilize the pore and gap scale taught by ‘459 in the device of Yu as Yu has explicitly left such determinations to the artisan of ordinary skill for implementation.
Sun teaches a cover plate (upper plate of 10) and a thermally conductive structure comprising a thermally conductive plate (lower plate of 10) comprising a first side (interior) with a heat source (200) opposite the first side; and a first capillary structure (311; Fig. 4) disposed on the first side (fig. 4) and pillars (e.g. 11 in Fig. 1) are formed between the cover and thermally conductive plates.
It would have been obvious to one of ordinary skill to form the heat pipe of Yu with the specific structures of Sun as Yu has left such details and decisions to one of ordinary skill.
Regarding claims 12-13,Yu teaches a thermally conductive structure (such as a heat pipe; Para. [0004]) comprising a thermally conductive plate (“metal substrate”) comprising a first side and a heat source coupled opposite the first side (inherent in a heat pipe; see Para. [0003], electronics); and a first capillary structure (Fig. 1a) disposed on the first side (i.e. inherently internal to the heat pipe); the first capillary structure comprises a plurality of media pores with different pore sizes (see Fig. 1a); and the pores extend through the first capillary structure and along a thickness direction of the structure (Fig. 1b); gaps are present between at least some of the media pores which connect adjacent media pores (the structure is a wick for a heat pipe, so inherently; also, see Para. [0007]: “excellent capillary force and permeability”).
If it is not inherent that the gaps between pores are generated at the recited sizes due to the same formation method being used as that recited in the present application:
‘459 teaches that it is old and well-known when forming a micro/nano structured wick for a heat pipe by electrodepositing copper into dendrites it is old and well-known to form pores in the size range of 1-1000 microns with openings between those pores of “nanometers to hundreds of nanometers” (in nanometers, the claimed scale is 10 to 10,000).
It would have been obvious to one of ordinary skill at the time of filing to utilize the pore and gap scale taught by ‘459 in the device of Yu as Yu has explicitly left such determinations to the artisan of ordinary skill for implementation.
Sun teaches a housing to enclose the entire heat sink and electronic device (Para. [0049]); a cover plate (upper plate of 10) and a thermally conductive structure comprising a thermally conductive plate (lower plate of 10) comprising a first side (interior) with a heat source (200) opposite the first side; and a first capillary structure (311; Fig. 4) disposed on the first side (fig. 4) and pillars (e.g. 11 in Fig. 1) are formed between the cover and thermally conductive plates.
It would have been obvious to one of ordinary skill to form the heat pipe of Yu with the specific structures of Sun as Yu has left such details and decisions to one of ordinary skill.
‘459 further teaches: first and second connection walls enclosing the pores (see Fig. 1), per claim 15; gaps between the thickness of the first and second connection walls (the openings between pores discussed in claim 1 above), per claim 16; the first capillary structure comprises a connection neck coupled adjacent to the first, second, or both connections walls (i.e. the joint where different walls meet each other; see Fig. 1), per claim 17; first and second sub-walls which are flat or rod shaped (see flat extensions outward from the walls, dendrites, in Fig. 2), per claim 18; which end in spherical shapes (the ends are rounded, i.e. hemispherical; see Fig. 2), per claim 19; the first connection walls may comprise a plurality of first subwalls which are rod-shaped (see Fig. 2), per claim 21.
Regarding claim 20, Yu does not specify the extent of the first capillary structure.
Sun teaches that it is old and well-known to provide a capillary structure (e.g. 31; fig. 1) which covers the entire thermally conductive plate (see Fig. 1; lower plate 10).
It would have been obvious to one of ordinary skill to form the device of Yu in accordance with Sun as Yu has left these constructional details and choices to one of ordinary skill.
Response to Arguments
Applicant's arguments filed 2/11/26 have been fully considered but they are not persuasive.
Regarding the 102 rejection:
The existence of the gaps between pores in Yu is established by the fact that an open porous structure is inherent in the intended use as a wick in a heat pipe, by the description of the structure as exhibiting ‘excellent capillary force and permeability”, and by the fact that, as the structure is formed by the process as the present application it will have the same properties.
Next, the applicant asserts that the formation process of Yu is not identical to that of the application because Yu uses a different electrolyte concentration. No electrolyte concentration could be located in the present application, therefore if this is a parameter which is necessary for the creation of the structure claimed, the application runs afoul of 112(a).
The discussion of the technical function of the applicant’s claimed gaps is not dispositive in the presence of a teaching of those gaps (see above).
It is noted that Wang has been replaced in the theories of rejection above for a different reference which also specifies a size-range for the gaps between pores. This change is due to the newly entered amendments.
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Devon Lane whose telephone number is (571)270-1858. The examiner can normally be reached M-Th, 9-4.
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/DEVON LANE/ Primary Examiner, Art Unit 3763
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