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 .
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) 1-2, 4-6, 14-15 is/are rejected under 35 U.S.C. 102 (a) (1) as being anticipated by Mochizuki (JPH01285791A).
Regarding claim 1, Mochizuki discloses a thermal device (see heat pipe 1; Fig. 1) comprising: a container (body 2) made of ceramic (ceramic – Page 1-2) comprising an internal space (interior thereof), an opening portion (see opening of end cap 5) connected to the internal space, and a communication path (path through end cap 5) connecting the internal space and the opening portion; a fluid (operation fluid – Page 1-2) located in the internal space; and a metal pipe (7 & 8, molybdenum or tungsten – Page 2) of which a part (8) is inserted into the communication path and another part (7) is closed.
Regarding claim 2, Mochizuki discloses the limitations of claim 1, and Mochizuki further discloses the opening portion (see opening of end cap 5) is located at a side surface of the container.
Regarding claim 4, Mochizuki discloses the limitations of claim 1, and Mochizuki further discloses one end of the metal pipe (left end of 7 & 8) is located in the communication path.
Regarding claim 5, Mochizuki discloses the limitations of claim 1, and Mochizuki further discloses the one end of the metal pipe (left end of 7 & 8) is located closer to a side of the internal space than a center (center thereof) of the communication path in a longitudinal direction.
Regarding claim 6, Mochizuki discloses the limitations of claim 1, and Mochizuki further discloses the metal pipe (7 & 8) is in contact with the communication path (path through 5) at two or more points in a cross-sectional view obtained by cutting the communication path along a plane orthogonal to the longitudinal direction of the communication path.
Regarding claim 14, Mochizuki discloses the limitations of claim 1, and Mochizuki further discloses the metal pipe (7 & 8) comprises an insertion portion located inside the communication path, a projecting portion (see portion of 7 & 8 projecting out of heat pipe) located outside the communication path, and a flange portion (see flange of 8) located at the projecting portion, and the flange portion is bonded to a surface of the container at which the opening portion is located.
Regarding claim 15, Mochizuki discloses the limitations of claim 14, and Mochizuki further discloses a length of the insertion portion (see portion of 7 & 8 inserted into heat pipe). is shorter than a length of the projecting portion (see portion of 7 & 8 projecting out of heat pipe).
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) 3, 7, 9-13, 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Mochizuki (JPH01285791A) in view of Lin (US10999952B1).
Regarding claim 3, Mochizuki teaches the limitations of claim 2, and Mochizuki does not teach a plurality of the opening portions and a plurality of the communication paths, wherein the plurality of opening portions are located at the same side surface.
Lin teaches a plurality of the opening portions and a plurality of the communication paths, wherein the plurality of opening portions are located at the same side surface (30; Fig. 2).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified Mochizuki to include the plurality of openings as taught by Lin, in order to provide means to easily fill and degas the working fluid into the chamber (Col. 4, lines 0-10).
Regarding claim 7, Mochizuki teaches the limitations of claim 1, and Mochizuki does not teach a thickness of the internal space is less than a thickness of the communication path.
Lin teaches a thickness of the internal space is less than a thickness of the communication path (see thickness variation of Fig. 4).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified Mochizuki to include the varying thickness configuration of Lin, as it has been held obvious to try when choosing from a finite number of identified, predictable solutions, with a reasonable expectation of success (see MPEP 2143).
Regarding claims 9-13, Mochizuki teaches the limitations of claim 2, and Mochizuki does not teach a shape of the metal pipe and a shape of the communication path are non-similar to each other in a cross-sectional view obtained by cutting the communication path along a plane orthogonal to the longitudinal direction of the communication path; wherein the shape of the communication path in the cross-sectional view is a polygonal shape having a plurality of corners; wherein the shape of the metal pipe in the cross-sectional view is a circular shape;
a longitudinal width and a lateral width of the shape of the communication path in the cross-sectional view are different from each other; the cross-sectional view, one interior angle in the shape of the communication path is 90 degrees or more, and a sum of all interior angles is 360 degrees or more.
Huang teaches (see Fig. 1-2) a shape of the metal pipe (30) and a shape of the communication path are non-similar to each other in a cross-sectional view obtained by cutting the communication path along a plane orthogonal to the longitudinal direction of the communication path; wherein the shape of the communication path in the cross-sectional view is a polygonal shape having a plurality of corners (four 90 degree corners); wherein the shape of the metal pipe in the cross-sectional view is a circular shape; a longitudinal width and a lateral width of the shape of the communication path in the cross-sectional view are different from each other; the cross-sectional view, one interior angle in the shape of the communication path is 90 degrees or more, and a sum of all interior angles is 360 degrees or more.
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified Mochizuki to include the shapes of Lin, as it has been held obvious to try when choosing from a finite number of identified, predictable solutions, with a reasonable expectation of success (see MPEP 2143).
Regarding claim 16, Mochizuki teaches the limitations of claim 1, and Mochizuki does not teach a space is provided between an inner peripheral surface of the communication path and an outer peripheral surface of the metal pipe.
Lin teaches a space is provided between an inner peripheral surface of the communication path and an outer peripheral surface of the metal pipe (see space between outer surface of 30 and inner surface of 10; Fig. 2).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified Mochizuki to include the space of Lin, as it has been held obvious to try when choosing from a finite number of identified, predictable solutions, with a reasonable expectation of success (see MPEP 2143).
Claim(s) 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Mochizuki (JPH01285791A) in view of Itoh (US5308920A).
Regarding claim 8, Mochizuki teaches the limitations of claim 1, and Mochizuki does not teach the internal space has a circular shape when the container is seen in a plane perspective view.
Itoh teaches the internal space has a circular shape when the container is seen in a plane perspective view (see shape of container 20; Fig. 1-3).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified Mochizuki to provide the circular shaped container configuration of Itoh, in order to efficiently transmit heat from a flat surface (Col. 4, lines 10-20).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ERIC S RUPPERT whose telephone number is (571)272-9911. The examiner can normally be reached Monday - Friday 8 am - 4 pm.
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/ERIC S RUPPERT/Primary Examiner, Art Unit 3763
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