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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Election/Restrictions
Applicant’s election without traverse of species A1 directed to Claims 1, 2, 4, 5, 7, 8, 10, and 11 in the reply filed on 03/19/2026 is acknowledged.
Claims 3, 6, 9, 12-20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected species, there being no allowable generic or linking claim.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 3/19/26.
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 4, 5, 10, and 11 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 following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier.
Such claim limitation(s) is/are:
“support member” in claim 4, 5, 10, & 11.
The aforementioned meets the three-prong test outlined here in since:
(A) the term “member” is a generic placeholder,
(B) the generic placeholder is modified by functional language (e.g.
“support”), and
(C) the generic placeholder is not modified by sufficient structures, material or
acts for performing the claimed function.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Review of the drawings and specification found the following structure for the support member as a column based on figure 5-6.
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.
Claim 1 rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as failing to set forth 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.
Regarding claim 1, the recitation of “an annular flange protruding outwardly from the through hole toward the upper plate” is unclear since the annular flange (i.e. 202) appears to be protruding away from the upper plate (i.e. 20), as shown in Figure 6. Therefore, it’s unclear how the annular flange (i.e. 202) would be protruding toward the upper plate (i.e. 20) while simultaneously protruding away. For examination purposes, the limitation “an annular flange protruding outwardly from the through hole toward the upper plate” is interpreted to mean that the annular flange is protruding outwardly from the through hole away from the upper plate.
Regarding claim 1, the term “better” is a relative term which renders the claim indefinite. The term “better” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite area, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. It is unclear the amount better is referring to in the drawings or specification. The claims will be examined as any amount or area reading on the limitation.
The claims 2, 4, 5, 7, 8, 10, and 11 depending from the above rejected claims are also rejected for dependence.
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.
Claim(s) 1, & 7 is/are rejected under 35 U.S.C. 102 (a)(1) as being anticipated by TAN et al. (US-10663231-B2).
Regarding claim 1, TAN teaches A combined heat dissipation structure (see TAN fig. 5, heat conducting device 1b), comprising: a vapor chamber (see TAN fig. 2I, Chamber 16), including an upper plate (see TAN fig. 5, a plate body 111) and a lower plate (see TAN fig. 5, a second plate 12), the lower plate being covered by the upper plate, a plate chamber (see TAN fig. 5 annotated by Examiner, Plate Chamber PC) being defined between the upper plate and the lower plate, a first wick structure (see TAN fig. 5 annotated by Examiner, the applied elements for the first wick structure is the wick structure of 131 and 132 ONLY in the body of the plate chamber ) being provided in the plate chamber, the upper plate having at least one through hole (see TAN fig. 5 annotated by Examiner, through hole TH) communicating with the plate chamber, an annular flange (see TAN fig. 2I, tube 1111, the heat pipe is between the walls of the tube) protruding outwardly from the through hole toward the upper plate, the annular flange having a first positioning portion (see TAN fig. 5 annotated by Examiner, first positioning portion FPP); and
at least one heat pipe, having a heat pipe chamber (see TAN fig. 5 annotated by Examiner, heat pipe chamber HPC, column 2 line 50-57 states “Accordingly, the gaseous state working fluid can be rapidly transferred from the vapor chamber to each of the heat conducting elements without the obstruction of additional thermal resistance. Besides, the liquid state working fluid, which is condensed from the gaseous state working fluid by the heat conducting element, can flow back to the vapor chamber through the wick structure without undesired obstruction.” The fluid of the plate chamber communicates with heat pipe chamber through the vapor-liquid cycle to improve heat conduction efficiency) therein, the heat pipe chamber communicating with the plate chamber, a second wick structure (see TAN fig. 5 annotated by Examiner, a second wick structure SWS, part of applied element 131 within the heat pipe above plate chamber) being provided in the heat pipe chamber, the heat pipe having two ends defined as a closed end (see TAN fig. 5 annotated by Examiner, closed end CE) and an open end (see TAN fig. 5 annotated by Examiner, open end OE), a second positioning portion (see TAN fig. 5 annotated by Examiner, second positioning portion SPP) being formed on the heat pipe close to the open end and corresponding in position to the second positioning portion;
wherein when the second positioning portion is engaged with the first positioning portion, a predetermined length between the second positioning portion and the open end is just for the open end to be located between the first positioning portion and the first wick structure on the lower plate and for the second wick structure of the heat pipe to get better contact with the first wick structure of the vapor chamber (see TAN fig. 5 annotated by Examiner, the length of the SPP engaged with the FPP).
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TAN’s fig. 5 annotated by Examiner
Regarding claim 7, TAN teaches the limitations of claim 1.
TAN further teaches wherein the first wick structure (see TAN fig. 5 annotated by Examiner, the applied elements for the first wick structure is the wick structure of 131 and 132 ONLY in the body of the plate chamber) and the second wick structure (see TAN fig. 5 annotated by Examiner, a second wick structure SWS, the applied element 131 ONLY within the heat pipe above the plate chamber, column 5 line 22-24 states “Preferably, the first wick structure 131 and the second wick structure 132 are both sinter-type wick structures.” The first and second wick structures are a sinter powder structure) are selected from one of a sintered powder structure, a woven mesh, a grid and a fiber bundle.
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.
Claim(s) 2, & 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over TAN et al. (US-10663231-B2) as applied to claim 1, and further in view of Connors et al. (US-6907918-B2) and LIN (US-20170312871-A1).
Regarding claim 2, TAN does not explicitly teach wherein the first positioning portion is a convex portion annularly formed on an inner circumferential surface of the annular flange, and the second positioning portion is a concave portion annularly formed on an outer circumferential surface of the heat pipe close to the open end.
Connors teaches, wherein the first positioning portion (see Connors fig. 4 annotated by Examiner, first positioning portion FPP, arrow is pointed to convex portion annularly formed around circumference of flange) is a convex portion annularly formed on an inner circumferential surface of the annular flange (see Connors fig. 4, a flange 32),
LIN teaches A combined heat dissipation device (see LIN fig. 7 annotated by Examiner, heat dissipation device HDD) comprising;
a vapor chamber (see LIN fig. 7, vapor chamber 10), including an upper plate (see LIN fig. 7, upper housing 11) and a lower plate (see LIN fig. 7, lower housing 12), the lower plate being covered by the upper plate, a plate chamber (see LIN fig. 7, cavity A) being defined between the upper plate and the lower plate, a first wick structure (see LIN fig. 7, the applied elements for a first capillary structure 13, a third capillary structure 14, ONLY in the body of cavity A) being provided in the plate chamber
at least one heat pipe, having a heat pipe chamber (see LIN fig. 7 annotated by Examiner, heat pipe chamber HPC, page 2 para. 0038 states “When in use, the working fluid 40 in a liquid state is heated to be vaporized to be converted into a gaseous state, the working fluid 40 in the gaseous state carrying a large amount of heat flows to the opening 211 of each heat pipe 20 and reaches the close end 22 of the heat pipe 20 . After the working fluid 40 in the gaseous state dissipates heat by using the heat pipes 20 in thermal contact with a plurality of heat dissipation plates (not illustrated), the working fluid 40 is condensed into the liquid state and flows back to the cavity A via the second capillary structure 23” The fluid of the plate chamber communicates with heat pipe chamber through the vapor-liquid cycle to improve heat conduction efficiency) therein, the heat pipe chamber communicating with the plate chamber, a second wick structure (see LIN fig. 7, the applied element a second capillary structure 23 ONLY within the heat pipe) being provided in the heat pipe chamber, the heat pipe having two ends defined as a closed end (see LIN fig. 7, a close end 22) and an open end (see LIN fig. 7 annotated by Examiner, open end OE)
and the second positioning portion (see LIN fig. 7 annotated by Examiner, second positioning portion SPP, arrow is pointed to concave portion formed around the circumference of HPC close to the OE) is a concave portion annularly formed on an outer circumferential surface of the heat pipe close to the open end.
It would, therefore be obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the combined heat dissipation structure TAN to have the first positioning portion is a convex portion annularly formed on an inner circumferential surface of the annular flange as taught by Conners, such modification will improve the heat pipe by economically providing a strong reliable seal between the first and second positioning portions (see Conners column 2 line 17-19) and to have the second positioning portion is a concave portion annularly formed on an outer circumferential surface of the heat pipe close to the open end, as taught by LIN, such modification would provide a simpler manufacturing process of the through hole vapor chamber and heat pipe, allowing more contact area between first and second wicking structures, used together to improve the heat conduction efficiency (see LIN page 1 para. 0003).
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Connor’s fig. 4 annotated by Examiner
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LIN’s fig. 7 annotated by Examiner
Regarding claim 8, TAN in view of Connors and LIN teaches the limitations of claim 2
TAN in view of Connors and LIN teaches wherein the first wick structure (see TAN fig. 5 annotated by Examiner, the applied elements for the first wick structure is the wick structure of 131 and 132 ONLY in the body of the plate chamber) and the second wick structure (see TAN fig. 5 annotated by Examiner, a second wick structure SWS, part of applied element 131 ONLY within the heat pipe above the plate chamber, column 5 line 22-24 states “Preferably, the first wick structure 131 and the second wick structure 132 are both sinter-type wick structures.” The first and second wick structures are a sinter powder structure) are selected from one of a sintered powder structure, a woven mesh, a grid and a fiber bundle.
Claim(s) 4 & 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over TAN et al. (US-10663231-B2) as applied to claim 1, and further in view of applicant admitted prior art.
Regarding claim 4, TAN further teaches further comprising one of a support member (see TAN fig. 2I, the supporting members 14, column 6 line 42-44 states “the supporting members 14b can also by wick structures” the supporting members 14b are wick structures) disposed in the plate chamber (see TAN fig. 5 annotated by Examiner, Plate Chamber PC), wherein the support member has two ends in contact with the first wick structure (see TAN fig. 5, the support member 14b contacts both 131 and 132 in the PC).
Tan does not teach and a capillary member disposed in the plate chamber and located corresponding to the through hole, wherein the capillary member has two ends in contact with the second wick structure, respectively.
Prior art teaches, A combined heat dissipation structure (see prior art fig. 2 annotated by Examiner, combined heat dissipation structure HDS), comprising: a vapor chamber (see prior art fig. 2, vapor chamber 10), including an upper plate (see prior art fig. 2, upper plate 101) and a lower plate (see prior art fig. 2, lower plate 105), the lower plate being covered by the upper plate, a plate chamber (see prior art fig. 2, Plate Chamber PC) and a capillary member (see prior art fig. 2 annotated by Examiner, circled section of microstructure 104) disposed in the plate chamber and located corresponding to the through hole (see prior art fig. 2 annotated by Examiner, through hole TH, corresponding to is very broad, the location of the circle around 104 is broadly at the through hole in the PC), wherein the capillary member has two ends in contact with the second wick structure (see prior art fig. 2 annotated by Examiner, 104 in circled section contacts two sides of wick structure 112), respectively.
It would, therefore be obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the combined heat dissipation structure of TAN to have a capillary member disposed in the plate chamber and located corresponding to the through hole, wherein the capillary member has two ends in contact with the second wick structure, respectively as taught by the applicant admitted prior art, such modification will affect the return efficiency of the working fluid and the heat conduction efficiency greatly (para. 005 page 1 (PGPub))
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prior art fig. 2 annotated by Examiner
Regarding claim 10, TAN in view of applicant admitted prior art teaches the limitations of claim 4.
TAN further teaches wherein the support member (see TAN fig. 2I, the supporting members 14, column 6 line 42-44 states “the supporting members 14b can also be wick structures” the support members are structures that are inherently porous) is in the form of a porous structure.
Claim(s) 5 & 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over TAN et al. (US-10663231-B2) as applied to claim 1, and further in view of Connors et al. (US-6907918-B2) and LIN (US-20170312871-A1) as applied to claim 2 and further in view of applicant admitted prior art.
Regarding claim 5, TAN further teaches further comprising one of a support member (see TAN fig. 2I, the supporting members 14, column 6 line 42-44 states “the supporting members 14b can also by wick structures” the supporting members 14b are wick structures) disposed in the plate chamber (see TAN fig. 5 annotated by Examiner, Plate Chamber PC), wherein the support member has two ends in contact with the first wick structure (see TAN fig. 5, the support member 14b contacts both 131 and 132 in the PC).
Tan does not teach and a capillary member disposed in the plate chamber and located corresponding to the through hole, wherein the capillary member has two ends in contact with the second wick structure, respectively.
Prior art teaches, A combined heat dissipation structure (see prior art fig. 2 annotated by Examiner, combined heat dissipation structure HDS), comprising: a vapor chamber (see prior art fig. 2, vapor chamber 10), including an upper plate (see prior art fig. 2, upper plate 101) and a lower plate (see prior art fig. 2, lower plate 105), the lower plate being covered by the upper plate, a plate chamber (see prior art fig. 2, Plate Chamber PC) and a capillary member (see prior art fig. 2 annotated by Examiner, circled section of microstructure 104) disposed in the plate chamber and located corresponding to the through hole (see prior art fig. 2 annotated by Examiner, through hole TH, corresponding to is very broad, the location of the circle around 104 is broadly at the through hole in the PC), wherein the capillary member has two ends in contact with the second wick structure (see prior art fig. 2 annotated by Examiner, 104 in circled section contacts two sides of wick structure 112), respectively.
It would, therefore be obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the combined heat dissipation structure of TAN to have a capillary member disposed in the plate chamber and located corresponding to the through hole, wherein the capillary member has two ends in contact with the second wick structure, respectively as taught by the applicant admitted prior art, such modification will affect the return efficiency of the working fluid and the heat conduction efficiency greatly (para. 005 page 1 (PGPub))
Regarding claim 11, TAN in view of Connors, LIN, and applicant admitted prior art teaches the limitations of claim 5
TAN in view of Connors and LIN teaches wherein the support member (see TAN fig. 2I, the supporting members 14, column 6 line 42-44 states “the supporting members 14b can also by wick structures” the support members are structures that are inherently porous) is in the form of a porous structure.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HENRY FRANCIS CANOVA whose telephone number is (571)272-5795. The examiner can normally be reached M-F 7:30-5 PM.
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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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/HENRY FRANCIS CANOVA/ Examiner, Art Unit 3763 /JOEL M ATTEY/Primary Examiner, Art Unit 3763
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