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 § 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 1-8, 11-22 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 1/15/21, the recitation “the predefined range” lacks antecedent basis. It is unclear what this range is in reference to.
Regarding claim 2/16, the recitation “a predefined range” is unclear. It is unclear if this is the same “predefined range” of claim 1/15, or a different range.
Regarding claims 3-4, the recitations of “the predefined range” are unclear. It is unclear which “predefined range” is being referred to.
Claim(s) 2-8, 11-14, 16-20, 22 depend(s) from the claim(s) above and thus is/are rejected accordingly.
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) 1-8, 11-16, 18-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kim (US20210307201A1) in view of Nadarajah (US20230232575A1).
Regarding claim 1, Kim discloses an oscillating heat pipe (100; Fig. 1-10) comprising: a condenser region (condensing portion 13); an evaporator region (heating portion 11); and a set of channels (channels as seen at least in Fig. 2 & ¶[0046]) arranged between the condenser region and the evaporator region and defining at least a portion of a fluid circuit for a working fluid (working fluid - ¶[0101]), wherein each channel of the set of channels has a respective channel property value that is a percentage variation from a nominal channel property value (length of channels up to top of 11) and the set of channels defines an aperiodic set of channels with respect to the channel property (see length of channels, which are randomly chosen in S120; Fig. 9).
Kim does not teach wherein the predefined range is a set of values that has an upper limit that is greater than a manufacturing tolerance of the nominal channel property value, however, does teach wherein the nominal channel property value is approximately 65 mm (from 80 mm – 15 mm, as 11 is a 15x15 mm square - ¶[0076]) and an upper limit of approximately 15 mm.
Nadarajah teaches wherein the acceptable manufacturing tolerances for microchannel heat exchangers may be within 2.5 % of a given dimension (¶[0027]).
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 Kim to include the manufacturing tolerance of Nadarajah, in order to provide a manufacturing tolerance within an acceptable range, and 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 Kim to include the ranges claims, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. MPEP 2144.05(II). In the instant case, Kim teaches wherein the property value is iteratively optimized (see steps S110-S160).
Regarding claim 2, Kim discloses the limitations of claim 1, and Kim further discloses each respective channel property value of the individual channels of the set of channels is a random value selected within a predefined range relative to the nominal channel property value (S120; Fig. 9).
Regarding claims 3-4, Kim teaches the limitations of claim 2, and Kim is silent to wherein the predefined range is a set of values within 5% of the nominal channel property value/ wherein the predefined range is a set of values within a selected percentage range selected between 5%-60% of the nominal channel property value, however, 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 Kim to include the ranges claims, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. MPEP 2144.05(II). In the instant case, Kim teaches wherein the property value is iteratively optimized (see steps S110-S160).
Regarding claim 5, Kim discloses the limitations of claim 1, and Kim further discloses the set of channels comprises a minimum of three channels (see set of 10 channels & ¶[0078]).
Regarding claim 6, Kim discloses the limitations of claim 1, and Kim further discloses the fluid circuit comprises two or more sets of channels, wherein each set of channels of the two or more sets of channels is identical with respect to the number of channels and the respective channel properties of the channels forming each set of channels, and wherein the sets of channels are fluidly connected together (see embodiment of Fig. 4 (a) or (c) in which two or more sets of channels may be identical with respect to their properties).
Regarding claim 7, Kim discloses the limitations of claim 1, and Kim further discloses wherein a first channel of the set of channels has a respective first channel property that is different from a second channel of the set of channels having a respective second channel property (see alternating different widths thereof, or shape of adjacent channels).
Regarding claim 8, Kim discloses the limitations of claim 1, and Kim further discloses the set of channels comprises at least three channels, wherein each channel of the at least three channels within the set of channels has a different channel property value (see sets of channels of 100).
Regarding claim 11, Kim discloses the limitations of claim 1, and Kim further discloses the channel property is at least one of a channel shape, a channel geometry (see shape/geometry of channels in 100).
Regarding claim 12, Kim discloses the limitations of claim 1, and Kim further discloses each channel is fluidly connected to an adjacent channel by a bend to form the fluid circuit (see u-bends connecting each respective channel of 100).
Regarding claim 13, Kim discloses the limitations of claim 12, and Kim further discloses the a first channel of the set of channels is fluidly connected to a second channel by a bend formed in the evaporator region, and the second channel is connected to a third channel by a bend formed in the condenser region (see u-bends connecting each respective channel of 100).
Regarding claim 14, Kim discloses the limitations of claim 1, and Kim further discloses the an adiabatic region (see region between 11 & 13) defined between the condenser region and the evaporator region, wherein each channel of the set of channels extends across the adiabatic region between the condenser region and the evaporator region.
Regarding claim 15, Kim discloses a method of manufacturing an oscillating heat pipe (see Fig. 1-10 & Step 280), the method comprising: forming a condenser region; forming an evaporator region; and arranging a set of channels to extend between the condenser region and the evaporator region, wherein the set of channels are arranged to define at least a portion of a fluid circuit for a working fluid, wherein each channel of the set of channels has a respective channel property value that is a percentage variation from a nominal channel property value and the set of channels defines an aperiodic set of channels with respect to the channel property.
Kim does not teach wherein the predefined range is a set of values that has an upper limit that is greater than a manufacturing tolerance of the nominal channel property value, however, does teach wherein the nominal channel property value is approximately 65 mm (from 80 mm – 15 mm, as 11 is a 15x15 mm square - ¶[0076]) and an upper limit of approximately 15 mm.
Nadarajah teaches wherein the acceptable manufacturing tolerances for microchannel heat exchangers may be within 2.5 % of a given dimension (¶[0027]).
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 Kim to include the manufacturing tolerance of Nadarajah, in order to provide a manufacturing tolerance within an acceptable range, and 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 Kim to include the ranges claims, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. MPEP 2144.05(II). In the instant case, Kim teaches wherein the property value is iteratively optimized (see steps S110-S160).
Regarding claim 16, Kim discloses the limitations of claim 15, and Kim further discloses each respective channel property value of the individual channels of the set of channels is a random value selected within a predefined range relative to the nominal channel property value (see channels of 100).
Regarding claim 18, Kim discloses the limitations of claim 15, and Kim further discloses the channel property is at least one of a channel shape, a channel geometry (see shape/geometry of channels of 100).
Regarding claim 19, Kim discloses the limitations of claim 15, and Kim further discloses each channel is fluidly connected to an adjacent channel by a bend to form the fluid circuit (see u-bends connecting each channel in 100).
Regarding claim 20, Kim discloses the limitations of claim 15, and Kim further discloses
forming an adiabatic region (see region between 11 & 13) between the condenser region and the evaporator region, wherein each channel of the set of channels extends across the adiabatic region between the condenser region and the evaporator region.
Claim(s) 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kim (US20210307201A1) in view of Nadarajah (US20230232575A1) and Alahyari (US20210213571A1).
Regarding claim 17, Kim teaches the limitations of claim 15, and Kim does not teach forming of the condenser region and the evaporator region, and arranging the plurality of channels is performed using additive manufacturing.
Alahyari teaches forming of the condenser region and the evaporator region, and arranging the plurality of channels is performed using additive manufacturing (¶[0030-0031]).
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 Kim to include additive manufacturing of Alahyari, in order to easily manufacture the small scale channels (¶[0030-0031]).
Claim(s) 21-22 is/are rejected under 35 U.S.C. 103 as being unpatentable over Smyrnov (US20030037910A) in view of Kwon (“Operational characteristics of pulsating heat pipes with a dual-diameter tube”).
Regarding claim 21, Smyrnov teaches an oscillating heat pipe (see Fig. 1-2) comprising: a condenser region (cooling zone 1); an evaporator region (heating zone 3); and a set of channels (see channels of heat pipe in transport zone 2) arranged between the condenser region and the evaporator region and defining at least a portion of a fluid circuit for a working fluid, wherein each channel of the set of channels has a respective channel property value (diameter - ¶[0058-0059]) that is a percentage variation from a nominal channel property value and the set of channels defines an aperiodic set of channels with respect to the channel property, wherein the channel property is one of a channel diameter and a channel hydraulic diameter.
Smyrnov does not teach wherein the predefined range is a set of values that is +20% of the nominal channel property value.
Kwon teaches wherein the predefined range is a set of values that is +20% of the nominal channel property value (see diameter values Di1 & Di2, in PHP Nos 4,5,6 – Table 1).
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 Smyrnov to include wherein the predefined range is a set of values that is +20% of the nominal channel property value, in order to improve performance (Page 191).
Regarding claim 22, Smyrnov teaches the limitations of claim 21, and Smyrnov is silent to wherein the set of channels comprises at least four loops, wherein each loop comprises two channels and a bend, however, it would have been obvious to one of ordinary skill in the art at the time the invention was made to provide additional sets of loops (See four schematically shown in Fig. 2), since it has been held that mere duplication of the essential working parts of a device involves only routine skill in the art. (See MPEP 2144.04 VI. B.)
Response to Arguments
Applicant’s arguments with respect to the claim(s) have been considered but are moot because the new ground of rejection does not rely on the combination of references applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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
