CTNF 18/794,697 CTNF 82869 DETAILED ACTION Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA. Claim Rejections - 35 USC § 112 07-30-02 AIA 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 1-10 , 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. Regarding Claim 1; “each fin” is unclear; whereas the claim previously only asserts atleast one fin which constitutes a broadest reasonable interpretation ( BRI ) of one fin, and thus one fin cannot be deemed as each fin—if so intended. As such, it cannot be readily ascertained if intended to denote a single fin or “a plurality of fins in which atleast one fin is movable”; and further “the circuit delivers a nominal power and a critical operation in which the circuit delivers a critical power greater than the nominal power” is unclear; whereas the assertion does not assert if power is deemed as i.e. electrical voltage or heat power etc., the assertion does not assert if the circuit delivers by generating power or voltage or otherwise converting power or voltage, and electrically or thermally coupling the channel, wall or fin—if so intended, and thus circuit delivery is herein deemed to be accomplished by more than one plausible claim construction. Regarding Claim 7; each occurrence of “the liquid phase” and “gaseous phase” is unclear; whereas these respective phases have not been previously asserted, and to cannot be readily ascertained if the intended to refer to the coolant, the fin or both. Note: phase change is not limited to liquid and gas. Regarding Claim 9; “a cooling system comprising an electrical equipment item” and “a cooling device according to claim 1” are each unclear; whereas claim 1 does not explicitly assert a cooling device; line 1 appears to assert a device for cooling if so intended, and thus it cannot be readily ascertained if intended to denote the same device and the same electrical equipment item in line(s) 1-2 or a second device for cooling a secondary electrical equipment item which is hereby deemed to read on more than one plausible structure. Claim Rejections - 35 USC § 103 07-20-aia AIA 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. 07-21-aia AIA Claim(s) 1-5, and 8, is/ar e rejected under 35 U.S.C. 103 as being unpatentable over (Fisc hell 3,489,203) . Regar ding Claim 1; Fischell discloses a device for cooling an electrical equipment item (as set forth by abstract; and constituted by a controlled heat pipe apparatus cooling satellite electronics-42 of a satellite-10-Fig. 1 or 48-Fig. 6), the electrical equipment item comprising a circuit whose temperature is increasing between a suggested nominal operation of the electrical equipment item in which the circuit delivers a nominal power and a critical operation in which the circuit delivers a critical power (as constituted by heat produced within the satellite by the electronics-42 causes vaporization of the liquid and constitutes respective temperatures above and below a predetermined temperature col. 3, lines 58-75—col. 4, lines 1-4; wherein the heat pipe may define a nominal operation at a predetermined value of 70 ° F –col. 2 , lines 18-22, wherein col. 5, lines 3-7—discloses temperature within the satellite may be maintained at a desired predetermined value ±2° F. for ± 25% variation in heat input by the proper selection of working fluids, pipe length, diameter, wick materials and pipe geometry to constitute a critical operation delivering critical power via i.e. pentane which has critical temperature of 386° F—as further disclosed by col. 4, lines 50-56 ) : a circulation channel containing a flow of a coolant, the coolant being a diphase fluid having a liquid phase and a gaseous phase (as constituted by col. 3, lines 47-53--whereas an interior of 28 comprises a two-state liquid, wherein the electronics equipment-42 causes vaporization of the liquid in which vapor flows to a valve when valve element 39 is moved, wherein col. 4, lines 50-56 discloses pentane ), a thermally conductive wall configured to separate the channel and the circuit and configured to be in contact with the circuit (as depicted by Fig. 3--whereas a wall of the heat pipe defines a channel and further includes a wall portion 34 connected thereto via-37 and a wall portion 32; Note: wall is not asserted to wholly limit shape, dimensions, relative directions and/or to only include a particular construction thereof ), at least one fin disposed within the channel and extending from the wall, each fin comprising a proximal end secured to the wall and a distal end opposite the proximal end (as depicted by Fig. 3--as constituted by 40 which is disposed in the channel and comprises a bimetallic strip thermostat having a proximal end coupled to the wall at 32 and includes an opposite distal end thereof at 39), each fin being movable between a close position, in which the distal end is close to the wall, and a distant position, in which the distal end is distant from the wall and at least partly forms an obstacle to the flow of the coolant ; wherein said at least one fin is configured to be in close position when a temperature of the fin is less than a predetermined temperature, and to be in distant position when said temperature of the fin is greater than or equal to said predetermined , and suggests wherein said predetermined temperature is equal to a phase-change temperature of said coolant (as constituted by the bimetallic thermostat strip-40 being responsive to a predetermined temperature to open and close the valve at a distal end 39 for temperatures above and below the predetermined value in which the bimetallic material upwardly to close the valve when temperature is lowered below the predetermined position; and when the temperature is above the predetermined temperature bends downwardly and distant to the wall to open the valve for vapor to flow therethrough—as disclosed by col. 3, lines 58-75—col. 4, lines 1-4 ; Note: a specific predetermined temperature is not asserted; and the claim does explicitly assert if a predetermined temperature denotes i.e. a predetermined temperature of the equipment item or the circuit, a predetermined temperature of an environment external to the circuit, a predetermined temperature of the fin or the wall or the coolant etc ). Except, Fischell does not explicitly disclose the circuit delivers a nominal power and a critical operation in which the circuit delivers a critical power greater than the nominal power. However, it would have been obvious to one having ordinary skill in the art at the time the invention was made to modify the bimetallic thermostat may be employed as a bismuth–lead–tin material which may be tuned to bend at 97° F which defines the same temperature at which the coolant/pentane boils in atleast one claim construction, so as to passively allow for reliable valve operation which bends without melting , since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin , 125 USPQ 416. Regarding Claim 2; Fischell discloses the already modified cooling device according to claim 1, wherein said at least one fin comprises a first surface facing said wall when said at least one fin is in close position, and a second surface opposite said first surface, wherein, in the distant position, said at least one fin is inclined with respect to said wall and wherein said flow of coolant circulates towards said second surface of said at least one fin (Fig. 3 atleast in-part has the coolant facing a portion of a first surface of 40 in the close position, and atleast a second surface facing atleast portion of the coolant in the distal position when then condensed coolant recirculates). Regarding Claim 3; Fischell discloses the already modified cooling device according to claim 1, except, explicitly wherein said at least one fin comprises a first part made of metal and a second part made of alloy with shape memory. However, it would have been obvious to one having ordinary skill in the art at the time the invention was made to combine the bismuth lead tin allow with Nitinol since it was known in the art that so as to provide a reliable self-healing metal matrix composite which constitutes a reinforcement with respect to cracks and damage from bending. Note: “made of metal” in a comprising type claim does not wholly exclude constituent metals unless the claim otherwise requires asserts i.e. “only one metal” or “one pure metal” etc. Regarding Claim 4; Fischell discloses the already modified cooling device according to claim 3, wherein said second part comprises a first portion secured to said wall and a second portion secured to said first portion at an elastically deformable junction, said second portion being movable with respect to said wall between the close position and the distant position (as already set forth and constituted by the above-mentioned modification). Regarding Claim 5; Fischell discloses the already modified cooling device according to claim 4, wherein said first part at least partly covers said second portion (as already set forth and constituted by the above-mentioned modification). Regarding Claim 8; Fischell discloses the already modified cooling device according to claim 1, further comprising a plurality of fins, said fins being disposed on said wall in a line (whereas Fig. 2, alternatively depicts respective fins 26 with symmetry along one plane of a cylindrical wall 24) . Allowable Subject Matter 12-151-08 AIA 07-43 12-51-08 Claim 6 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. Regarding Claim 6; the cooling device according to claim 3, wherein said first part made of metal is selected from among: copper, or aluminum, or gold, or Inconel®, and wherein said second part made of alloy with shape memory is selected from among: Nitinol, or a Copper-Zinc-Aluminum alloy, or a Copper-Aluminum-Nickel alloy, or an Iron-Manganese-Silicon alloy. Conclusion 07-96 AIA The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US 20220065233 A1 YANG; David et al. Fig.’s 2-5 US 20070171609 A1 Kehl; Kenyon et al. Fig.’s 1-2 US 9982661 B1 Trigwell; Steven et al. Fig.’s 1-2 Any inquiry concerning this communication or earlier communication s from the examiner should be directed to COURTNEY SMITH whose telephone number is (571)272-9094. The examiner can normally be reached M-F 9-5p. 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, Jayprakash Gandhi can be reached at 571-272-3740. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /COURTNEY L SMITH/Primary Examiner, Art Unit 2841 Application/Control Number: 18/794,697 Page 2 Art Unit: 2841 Application/Control Number: 18/794,697 Page 3 Art Unit: 2841 Application/Control Number: 18/794,697 Page 4 Art Unit: 2841 Application/Control Number: 18/794,697 Page 5 Art Unit: 2841 Application/Control Number: 18/794,697 Page 6 Art Unit: 2841 Application/Control Number: 18/794,697 Page 7 Art Unit: 2841 Application/Control Number: 18/794,697 Page 8 Art Unit: 2841 Application/Control Number: 18/794,697 Page 9 Art Unit: 2841
Prosecution Insights