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
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) 1-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by U.S. Patent Application Publication 2005/0230085 to Valenzuela (Valenzuela).
In reference to claims 1-7, they claim the method of providing and configuring the apparatus of claims 8-14, thus, they are rejected based on the rejection of apparatus as explained in the rejection of claims 8-14 below and the associated method steps, which follow directly from the use of the apparatus, are rejected accordingly.
In reference to claim 8, Valenzuela teaches a heat transfer architecture (FIG. 2) for use in wearables or other small electronic devices (intended use recitation; the structure in FIG. 2 is capable of performing said functional language) using selective micro plating to quickly and precisely generate complex 3D microstructures (see explanation below) comprising capillary wick structures (106, FIG. 2), wherein the capillary wick structures vary in characteristics (comprising microporous fractal layers (par 0041), outer surface 120, working liquid 114 and central passageway 116, FIG. 2); and an interface (118, FIG. 2-3) with a vessel wall (104, FIG. 2) to provide an optimal interface between the capillary wick structures (106, FIG. 2) and the vessel wall (104, FIG. 2).
With respect to the product-by-process limitation (bold, italicized above), “even though product-by-process claims are limited by and defined by the process, determination of patentability is based on the product itself. The patentability of a product does not depend on its method of production. If the product in the product-by-process claim is the same as or obvious from a product of the prior art, the claim is unpatentable even though the prior product was made by a different process” In re Thorpe, 777 F.2d 695, 698, 227 USPQ 964, 966 (Fed. Cir. 1985). Thus, the method of making the porous member is rejected as non-patentable matter, wherein one of ordinary skill in the art would find it obvious to manufacture the porous mesh by sintering metallic fibers to reduce the cost.
In reference to claim 9, Valenzuela teaches the heat transfer architecture as explained in the rejection of claim 8 above, and Valenzuela additionally teaches wherein the characteristics include at least one of porosity, surface finish, hydrophilicity/hydrophobicity, surface tension, and capillary action (porosity, par 0041).
In reference to claim 10, Valenzuela teaches the heat transfer architecture as explained in the rejection of claim 8 above, and Valenzuela additionally teaches wherein the capillary wick structures vary in characteristics along a length of a heat pipe (LHP, par 0037) of the capillary wick structures (FIG. 2).
In reference to claim 11, Valenzuela teaches the heat transfer architecture as explained in the rejection of claim 8 above, and Valenzuela additionally teaches wherein the capillary wick structures vary in characteristics over an area of a vapor chamber (at 112, FIG. 2) of the capillary wick structures (106, FIG. 2), wherein the characteristics include a pore size that is varied over a length of the vapor chamber (par 0005).
In reference to claim 12, Valenzuela teaches the heat transfer architecture as explained in the rejection of claim 8 above, and Valenzuela additionally teaches wherein the selective micro plating is performed on a flat conductive surface and used to generate the capillary wick structures having complex three-dimensional (3D) geometries (see explanation regarding the product by process above).
In reference to claim 13, Valenzuela teaches the heat transfer architecture as explained in the rejection of claim 8 above, and Valenzuela additionally teaches wherein at least a portion of the heat transfer architectures is shaped in 3D to conform to a shape/elevation of components on a Printed Circuit Board (PCB) (inherent in the structure of FIG. 2).
In reference to claim 14, Valenzuela teaches the heat transfer architecture as explained in the rejection of claim 8 above, and Valenzuela additionally teaches wherein thermal dissipation whiskers protruding from the heat transfer architectures are added to increase surface area (FIG. 2).
In reference to claims 15-20, they claim the same limitations as claimed in claims 8-14; thus, said claims 15-20 are rejected in the same manner, as described in detail above.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
See attached PTO-892 for relevant prior art.
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/FILIP ZEC/Primary Examiner, Art Unit 3763
9/15/2026
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