DETAILED ACTION
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 1-11 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 claims are presented in a mixture of apparatus limitations, kit limitations (i.e. limitations directed to partially assembled states), and method steps. This leaves the scope of the claims unclear. Examples are provided below but the applicant must review and correct all the claims.
In claim 1, it is not clear what it means for the apparatus to be “using its closed end to be inserted into…”
In claim 1, “uses and expanded end opening to approach…” is a method step of assembly within an apparatus claim.
In claim 3, the metes and bounds of “appears to be a flared shape” is unknown. Is the end opening flared or is it not flared?
In claim 7, “to form an integral at the expanded end opening” appears to be missing a necessary noun modified by ‘integral’.
Claims 2-11 depend from claim 1.
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) 1-3 and 7-11 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by TW M654301 (‘301).
Regarding claim 1, ‘301 teaches a heat exchange device comprising: a first plate (100) having inner and outer surfaces (Fig. 2; lower and upper surfaces, respectively) with an installing hole (hole in flange 1002) penetrating through the surfaces; at least one tube body (12) disposed in the installing hole (Figs. 1-2) and comprising a tube portion (120) a closed end (upper end; Figs.), and an open end (bottom end with 122) at opposite ends thereof; the tube is inserted into the stalling hole from the inner surface toward the outer surface (Figs. 1-2) with the closed end penetrating out of the outer surface from the installing hole (Fig. 2); and a second plate (102) facing the inner surface of the first plate and to be sealed (forming chamber 104); the open end of each tube body has an expanded end opening (122) abutting the inner surface of the first plate which is pressed flat against the inner surface of the first plate (Fig. 2) and an upper wick structure is jointly formed on the inner surface of the first plate and int eh tube portion of the tube body (11 and 13).
‘301 further teaches that: a peripheral edge of the installing hole is protruded with a hole edge projecting from the outer surface (1002), per claim 2; the expanded end opening is flared (Fig. 2), per claim 3; a plate wick portion (11) coated on the inner surface of the first plate and a tube wick structure 913) coated in the tube portion connected to each other (via 14) to form an integral wick across the end opening, per claim 7; the wick structures may be powder sintered or metal meshes, per claim 8; the upper wick structure further comprises an annular connecting portion (4) covering the expanded end opening of each tube body to be integrally connected between the plate wick portion and the tube wick portion, per claim 9; the second plate is formed with a recess portion (forming chamber 104) and the inner surface of the first plate is toward the recess portion to be sealed (Fig. 2), per claim 10; an inner wall of the recess portion is disposed with a lower wick structure (11; fig. 2) in contact with the plate wick portion at a position adjacent to the first plate (see Fig. 2), per claim 11.
Claim(s) 1-3 and 7-11 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by CN 116033709 (‘709).
Regarding claim 1, ‘709 teaches a first plate (211) with inner and outer surfaces (Figs. 2a-2b) and a installing hole penetrating the surfaces (2111); a tube body (22) with tube portion and opposite closed (221) and open (222) ends inserted through the installing hole with the closed end penetrating out of the outer surface of the first plate (Fig. 2d); a second plate (212) facing the inner surface of the first plate and sealed thereto (Fig. 2d); open ends of each tube body have an expanded end opening (223)flattened against the inner surface of the first plate (Fig. 2d) and an upper wick structure is jointly formed on the inner surface of the first plate (214) and in the tube portion (225) of the tube body.
‘709 further teaches that: a peripheral edge of the installing hole is protruded (2113) with a hole edge projecting from the outer surface (Fig. 2b), per claim 2; the expanded end opening is flared (Fig. 2b), per claim 3; the upper wick structure comprises a plate wick portion (214) coated on the inner surface of the first plate and a tube wick structure (225 in the tube body) coated int eh tube portion, and these portions are connected to each other (via the 225 in the lip 223; see Fig. 2d) to form an annular connecting portion cover the expanded end opening of each tube body (Fig. 2d) to integrally connected the plate and tube wick portions at the expanded end opening (Fig. 2d), per claims 7 and 9; the upper wick structure is formed by metal mesh, groove, or powder sintering, per claim 8; the second plate has a recess portion (Fig. 2d) facing the inner surface of the first plate, per claim 10; the recess portion has a lower wick structure (214; see Fig. 2b) in contact with the plate wick portion at a position adjacent the first plate (Fig. 2d), per claim 11.
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) 4-6 is/are rejected under 35 U.S.C. 103 as being unpatentable over ‘709 in view of Xiong (US 2025/0146762).
‘709 does not specify a joining method.
Xiong teaches that it is old and well-known to join such tubes (11) to plates (121) via welding (Para. [0004]), per claim 4; a genus which includes material free processes such as laser or diffusion welding, per claims 5-6.
It would have been obvious to one of ordinary skill in the art at the time of filing to join the components of ‘709 via welding, as taught by Xiong, as ‘709 has left such decisions to be implemented by one of ordinary skill.
Conclusion
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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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jerry-Daryl Fletcher can be reached at 571.270.5054. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DEVON LANE/ Primary Examiner, Art Unit 3763
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