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
Claims 4, 6, 7, 11, 13, 14, 20, 21 withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected claims, there being no allowable generic or linking claim. Applicant elects Claims 2, 3, 5, 8-10, 12, 15-19. Applicant timely traversed the restriction (election) requirement in the reply filed on 7/1/2026.
Examiner response to the applicant’s arguments:
As it was indicated in requirement for restriction office action on 5/1/2026, the species are independent or distinct because the claims to the different species recite the mutually exclusive characteristics of such species. The species are independent or distinct because the claims to the different species recite the mutually exclusive characteristics of such species. Thus, for example, when the claim requires chamber and heat spreader structure and the other claim requires cover having aperture, this is patentably distinct from the structures of Specie C and D which require electrically insulating cover and unclogging membrane. In addition, these species are not obvious variants of each other based on the current record.
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 2, 9, 17 and dependent claims 3, 8, 10, 12, 15, 16, 18 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 pre-AIA the applicant regards as the invention.
Claim 2 recites “a flow chamber”. It is unclear if the bolded limitation refers back to the previously claimed limitation flow chamber in claim 2. Not only does the phrase in claim 2 lacks a definite article (e.g. the or said) but the limitation is inconsistently recited. For the purpose of examination, a chamber is interpreted to be the flow chamber. More clarification is required.
Claims 9, 17 recite “a chamber”. It is unclear if the bolded limitation refers back to the previously claimed limitation flow chamber in claim 9. Not only does the phrase in claim 9 lacks a definite article (e.g. the or said) but the limitation is inconsistently recited. For the purpose of examination, a chamber is interpreted to be the flow chamber. More clarification is required.
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 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 set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied 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.
Claims 2, 3, 5, 8-10, 12, 15-19 are rejected under 35 U.S.C. 103 as being unpatentable over Chen (EP 3327295 A1), in view of Gifford (2011/0294414 A1).
Claim 2: Chen discloses a system (i.e., FIG.6), comprising:
a fluid transfer cell (i.e., plate 2231 used as fluid transfer cell) which vibrationally moves a fluid (i.e., air is fluid), the fluid transfer cell (i.e., 2231) including
an outer wall (i.e., annotated by examiner in FIG.6), an inner wall (i.e., annotated by examiner in FIG.6), a chamber (i.e., chamber 220),
an actuator (i.e., piezoelectric actuators 223) in the chamber (i.e., 220), and
a plurality of orifices (i.e., vacant spaces 2235 used as orifices), the outer wall (i.e., annotated by examiner in FIG.6) having at least one outer inlet port (i.e., 221a used as outer inlet port), the inner wall having at least one inner inlet port (i.e., space 2235 with opening for allowing air to go through used as inner inlet port); and a flow chamber (i.e., 220);
wherein the actuator (i.e., 223) is configured to vibrate in a first vibrational mode (intended use/functional language) to draw fluid into the chamber (i.e., 220) through the inner inlet port (i.e., space 2235 with opening for allowing air to go through used as inner inlet port), direct the fluid from a first side (inherent to the structure of actuator) of the actuator (i.e., 223) proximate to the inner inlet port (i.e., space 2235 with opening for allowing air to go through used as inner inlet port) to a second side (inherent to the structure of actuator) of the actuator (i.e., 223) proximate to the plurality of orifices (i.e., 2235), and through the plurality of orifices (i.e., 2235).
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Chen discloses the claimed limitations in claim 2, but fails to disclose a membrane adjacent to each of the at least one outer inlet port.
However, Gifford teaches a membrane (i.e., venting element 2 used as membrane) for the purpose of installing and structurally supporting the vent on the wall (paragraph [10]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention was made to modify the invention of Chen to include a membrane to be adjacent to each of the at least one outer inlet port of Chen as taught by Gifford such that the flow chamber of Chen being between the membrane and each of the at least one inner inlet port of Chen in order to install and to support the vent structurally on the wall.
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Claim 3: Chen as modified discloses the apparatus as claimed in claim 2, further comprising: a cover (i.e., plate on top of channel 221b used as cover; see annotated examiner in FIG.6), the cover having at least one aperture therein corresponding to the at least one outer inlet port (i.e., 221a).
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Claim 5: Chen as modified discloses the apparatus as claimed in claim 2, wherein the outer inlet port (i.e., 221a) has a first area the inner inlet port (i.e., space 2235 with opening for allowing air to go through used as inner inlet port) has a second area, and the first area is larger than the second area (It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention was made to further modify the apparatus of Chen to optimize the area such that the first area is larger than the second area as a matter of choice, since it has been held that discovering an optimum value of a result effective variable involves only routine skill in the art. Please note no criticality for the limitations claimed - Optimum value: MPEP 2144.05 II-B).
Claim 8: Chen as modified discloses the apparatus as claimed in claim 2, further comprising: a support member (i.e., plate 2242 used as support member) disposed laterally on the inner wall (i.e., annotated by examiner in FIG.6), the membrane (Gifford i.e., 2) being supported by the support member (i.e., 2242) along the outer wall (i.e., annotated by examiner in FIG.6).
Claim 9: Chen discloses a heat transfer system (i.e., FIG.6), comprising:
a fluid transfer cell (i.e., plate 2231 used as fluid transfer cell) which vibrationally move a fluid (i.e., air is fluid),
the fluid transfer cell (i.e., 2231) including
at least one outer wall (i.e., annotated by examiner in FIG.6) and at least one inner wall (i.e., annotated by examiner in FIG.6), the at least one outer wall (i.e., annotated by examiner in FIG.6) having at least one outer inlet port (i.e., 221a used as outer inlet port) for each of the fluid transfer cell, the at least one inner wall (i.e., annotated by examiner in FIG.6) having at least one inner inlet port (i.e., space 2235 with opening for allowing air to go through used as inner inlet port) for each of the fluid transfer cell (i.e., 2231); and a flow chamber (i.e., 220);
wherein each of the fluid transfer cell includes a chamber (i.e., 220) and an actuator (i.e., piezoelectric actuators 223) in the chamber, the chamber (i.e., 220) including the at least one inner inlet port (i.e., space 2235 with opening for allowing air to go through used as inner inlet port) and a plurality of orifices (i.e., vacant spaces 2235 used as orifices),
the actuator being configured to vibrate in a first vibrational mode to draw fluid into the chamber through the inner inlet port, direct the fluid from a first side of the actuator proximate to the inner inlet port to a second side of the actuator proximate to the plurality of orifices, and through the plurality of orifices.
Chen discloses the claimed limitations in claim 9, but fails to disclose a plurality of fluid transfer cells, a membrane adjacent to each of the at least one outer inlet port.
However, Gifford teaches a membrane (i.e., venting element 2 used as membrane) for the purpose of installing and structurally supporting the vent on the wall (paragraph [10]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention was made to modify the invention of Chen to include a membrane to be adjacent to each of the at least one outer inlet port of Chen as taught by Gifford such that the flow chamber of Chen being between the membrane and each of the at least one inner inlet port of Chen in order to install and to support the vent structurally on the wall.
Further, Chen discloses a fluid transfer cell, except for a plurality of fluid transfer cells. It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention was made to modify the apparatus of Chen to include a plurality of fluid transfer cells in order to enhance heat dissipation, since it has been held that mere duplication of the essential working parts of a known device involves only routine skill in the art. Please note no criticality for the limitations claimed - Duplication of parts: MPEP 2144.04 VI-B.
Claim 10: Chen as modified discloses the apparatus as claimed in claim 9, further comprising: a cover (i.e., plate on top of channel 221b used as cover; see annotated examiner in FIG.6), the cover having at least one aperture therein corresponding to the at least one outer inlet port (i.e., 221a).
Claim 12: Chen as modified discloses the apparatus as claimed in claim 9, wherein the outer inlet port (i.e., 221a) has a first area, the inner inlet port (i.e., space 2235 with opening for allowing air to go through used as inner inlet port) has a second area, and the first area is larger than the second area (It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention was made to further modify the apparatus of Chen to optimize the area such that the first area is larger than the second area as a matter of choice, since it has been held that discovering an optimum value of a result effective variable involves only routine skill in the art. Please note no criticality for the limitations claimed - Optimum value: MPEP 2144.05 II-B).
Claim 15: Chen as modified discloses the apparatus as claimed in claim 14, wherein the second vibrational mode is configured to reduce clogging (functional language) of the membrane (Gifford i.e., 2).
Claim 16: Chen as modified discloses the apparatus as claimed in claim 9, further comprising: a support member (i.e., plate 2242 used as support member) disposed laterally on the inner wall (i.e., annotated by examiner in FIG.6), the membrane (Gifford i.e., 2) being supported by the support member along the outer wall (i.e., annotated by examiner in FIG.6).
Claim 17: Chen discloses a method system, comprising:
driving an actuator (i.e., piezoelectric actuators 223) in each of a fluid transfer cell (i.e., plate 2231 used as fluid transfer cell) to vibrate in a first vibrational mode (functional language),
the fluid transfer cell including
at least one outer wall (i.e., annotated by examiner in FIG.6) and at least one inner wall (i.e., annotated by examiner in FIG.6), the at least one outer wall (i.e., annotated by examiner in FIG.6) having at least one outer inlet port (i.e., 221a used as outer inlet port) for each of the fluid transfer cell (i.e., 2231),
the at least one inner wall (i.e., annotated by examiner in FIG.6) having at least one inner inlet port (i.e., space 2235 with opening for allowing air to go through used as inner inlet port) for each of the fluid transfer cell (i.e., 2231), a flow chamber (i.e., 220), each of the fluid transfer cell including (i.e., 2235) a chamber (i.e., 220) and the actuator (i.e., 223) in the chamber (i.e., 220), the chamber (i.e., 220) including the at least one inner inlet port (i.e., space 2235 with opening for allowing air to go through used as inner inlet port) and a plurality of orifices (i.e., 2235);
wherein the actuator (i.e., 223) vibrating in the first vibrational mode draws fluid into the chamber through the inner inlet port (intended use/functional language), directs the fluid from a first side (inherent to the structure of actuator) of the actuator (i.e., 223) proximate to the inner inlet port (i.e., space 2235 with opening for allowing air to go through used as inner inlet port) to a second side (inherent to the structure of actuator) of the actuator (i.e., 223) proximate to the plurality of orifices (i.e., 2235), and through the plurality of orifices (i.e., 2235).
Chen discloses the claimed limitations in claim 17, but fails to disclose a plurality of fluid transfer cells, a membrane adjacent to each of the at least one outer inlet port.
However, Gifford teaches a membrane (i.e., venting element 2 used as membrane) for the purpose of installing and structurally supporting the vent on the wall (paragraph [10]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention was made to modify the invention of Chen to include a membrane to be adjacent to each of the at least one outer inlet port of Chen as taught by Gifford such that the flow chamber of Chen being between the membrane and each of the at least one inner inlet port of Chen in order to install and to support the vent structurally on the wall.
Further, Chen discloses a fluid transfer cell, except for a plurality of fluid transfer cells. It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention was made to modify the apparatus of Chen to include a plurality of fluid transfer cells in order to enhance heat dissipation, since it has been held that mere duplication of the essential working parts of a known device involves only routine skill in the art. Please note no criticality for the limitations claimed - Duplication of parts: MPEP 2144.04 VI-B.
Claim 18: Chen as modified discloses the apparatus as claimed in claim 17, further comprising: driving the actuator (i.e., 223) in a second vibrational mode, the first vibrational mode being for a first frequency and causing the fluid (i.e., functional language/intended use) to enter the at least one outer inlet port (i.e., 221a), the second vibrational mode being for a second frequency and causing the fluid to be expelled (i.e., functional language/intended use) from the at least one outer inlet port (i.e., 221a).
Claim 19: Chen as modified discloses the apparatus as claimed in claim 18, wherein the second vibrational mode is configured to reduce clogging (functional language) of the membrane (Gifford i.e., 2).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure which is relevant to electronic package:
Balakrishnan (2019/0206839 A1).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KAMRAN TAVAKOLDAVANI whose telephone number is (313)446-6612. The examiner can normally be reached on M-F 8:00 am to 5:00 pm EST.
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, Len Tran can be reached on (571) 272-1184. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/KAMRAN TAVAKOLDAVANI/Examiner, Art Unit 3763
/PAUL ALVARE/Primary Examiner, Art Unit 3763
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