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 without traverse of Species W2, Species P5, and Species S2 in the reply filed on 5/19/2026 is acknowledged.
Claims 2-4, 9, 10, 12, 16, and 18 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected species, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 5/19/2026.
Applicant asserts claim 14 reads on the elected embodiment. However, claim 14 recites a thickness of the support is smaller than a thickness of the perforated body, which is different than the elected species W2 which has the support and perforated body having the same thickness. Accordingly, claim 14 is drawn to a non-elected species and is further withdrawn from consideration.
Status of Claims
The status of the claims as filed in the submission dated 5/19/2026 are as follows:
Claims 1-19 are pending;
Claims 2-4, 9, 10, 12, 14, 16, and 18 are withdrawn from consideration;
Claims 1, 5-8, 11, 13, 15, 17, and 19 are being examined.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked. As explained in MPEP § 2181, subsection I, claim limitations that meet the three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Currently, no claim limitations invoke 112(f).
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, 6-8, 11, 15, and 17 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Wang (US2009/0236085A1).
Re Claim 1. Wang teaches a thermal diffusion device (Figure 8) comprising:
a housing (2) having a first inner wall surface (inner wall surface of 20) and a second inner wall surface (inner wall surface of 21) that face each other in a thickness direction and define an internal space (interior of 2) (Figure 8);
a working medium enclosed in the internal space of the housing (Figure 8; Paragraph 29 teaches a working fluid inside the housing); and
a wick (1, 23) in the internal space of the housing, wherein the wick includes (1 is a support plate that is covered in capillary material 23, thus the plate is considered a wick) (Figures 1, 2, 8; Paragraphs 22-23, 28):
a support (lower extending 10) that is in contact with the first inner wall surface (Figures 1, 2, 8; Paragraphs 22-23, 28);
a perforated body (11 are through holes) that is in contact with the support, the perforated body having a through-hole (11) that penetrates the perforated body in the thickness direction (Figures 1, 2, 8; Paragraphs 22-23, 28); and
a protrusion portion (upper extending 10) extending from a peripheral edge of the through-hole in a direction toward the second inner wall surface (Figures 1, 2, 8; The protrusions 10 are at the edge of 11 as seen in Figures 1, 2, and 8; Paragraphs 22-23, 28).
Re Claim 6. Wang teaches the protrusion portion has a first end portion on a first inner wall surface side and a second end portion on a second inner wall surface side, and when viewed in the thickness direction, a cross-sectional area of a region surrounded by an inner wall of the second end portion is smaller than a cross-sectional area of a region surrounded by an inner wall of the first end portion (Figures 1, 2, 8; Paragraphs 22-23, 28; The protrusion 10 is tapered, thus the second end portion is smaller than a cross-sectional area of a region surrounded by an inner wall of the first end portion).
Re Claim 7. Wang teaches when viewed in the thickness direction, the inner wall of the second end portion is located on an inside with respect to the inner wall of the first end portion (Figures 1, 2, 8; Paragraphs 22-23, 28; The protrusion 10 is tapered, thus the inner wall of the second end portion is located on an inside with respect to the inner wall of the first end portion).
Re Claim 8. Wang teaches the protrusion portion has a tapered shape in which a distance between outer walls of the protrusion portion is narrowed in the direction toward the second inner wall surface in a cross section along the thickness direction (Figures 1, 2, 8; Paragraphs 22-23, 28; The protrusion 10 is tapered).
Re Claim 11. Wang teaches the protrusion portion includes a lid portion that narrows an opening of the protrusion portion, at the second end portion (Figures 1, 2, 8; Paragraphs 22-23, 28; The protrusion 10 is closed at the second end to form a lid).
Re Claim 15. Wang teaches the perforated body comprises a material that is the same as a material of the support (Figures 1, 2, 8; Paragraphs 25-27; The protrusions are pressed into the plate, thus the perforated body and the support are made of the same material).
Re Claim 17. Wang teaches the support includes a plurality of columnar members (Figures 1, 2, 8; Paragraphs 22-23; The supports are circular in shape and extend in a vertical direction. Thus, the supports are considered columnar members).
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.
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Wang (US2009/0236085A1) in view of Lin (US2011/0168359A1, as cited in the IDS).
Re Claim 5. Wang teaches that the protrusion extends from a partial peripheral edge of the through-hole (Figures 1, 2, 8) but fails to specifically teach the protrusion portion extends from an entirety of the peripheral edge of the through-hole.
However, Lin teaches the protrusion portion (122) extends from an entirety of the peripheral edge of the through-hole (121) (Figures 1-3; Paragraph 26).
Therefore, in view of Lin's teaching, it would have been obvious to one of ordinary skill in the art at the time the invention was filed to extend the protrusion portion from an entirety of the peripheral edge of the through-hole in order to prevent stagnant pooling of working fluid around the edges of the through holes, thereby improving the flow of working fluid.
Claims 13 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Wang (US2009/0236085A1).
Re Claim 13. Wang teaches that the support and the perforated bodies have slightly different thicknesses (Figures 4-5) and therefore fails to specifically teach a thickness of the support is the same as a thickness of the perforated body. However, it would have been an obvious matter of design choice to make a thickness of the support is the same as a thickness of the perforated body, since such a modification would have involved a mere change in the size of a component. A change in size is generally recognized as being within the level of ordinary skill in the art. See MPEP 2144.04 (IV, A).
Re Claim 19. Wang teaches the thermal diffusion device according to claim 1 (see claim 1 rejection above) but fails to specifically teach an electronic apparatus. The examiner takes Official Notice of the ubiquitous and well-known use of thermal diffusion devices with electronic apparatuses. One of ordinary skill in the art would readily understand how to attach an electronic apparatus to one surface of the thermal diffusion device of Wang to dissipate heat. Additionally, it has been held that a recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus satisfying the claimed structural limitations. See MPEP2114(II).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See attached PTO-892 for other relevant prior art.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TRAVIS RUBY whose telephone number is (571)270-5760. The examiner can normally be reached M-F: 9AM-5PM.
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, Jianying Atkisson can be reached at 571-270-7740. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/TRAVIS RUBY/Primary Examiner, Art Unit 3763
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