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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 10/10/2024 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
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Claims 1-5, 8-12, 15 and 18-22 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-12 of U.S. Patent No. 12,150,243 hereafter as Pat ‘243. Although the claims at issue are not identical, they are not patentably distinct from each other because claims 1-12 anticipate claims 1-22.
With respect to claim 1, Pat ‘243 discloses A package assembly comprising: a substrate; an electronic component disposed on the substrate; a cover disposed on the substrate, the cover comprising a top portion, a first side portion, a second side portion and a heat dissipation space, the first side portion and the second side portion extending from opposite sides of the top portion and being connected to the substrate, the heat dissipation space being formed within the top portion, the first side portion and the second side portion, a chamber being formed between the top portion, the first side portion, the second side portion and the substrate, the electronic component being located within the chamber; a first tube connected to the first side portion and communicating with the heat dissipation space; and a second tube connected to the second side portion and communicating with the heat dissipation space (Claim 1).
With respect to claim 2, Pat ‘243 discloses the package assembly of claim 1, further comprising a thermal interface material disposed in the chamber and sandwiched in between the electronic component and the top portion (Claim 2).
With respect to claim 3, Pat ‘243 discloses the package assembly of claim 1, further comprising: a third tube connected to the first side portion and communicating with the chamber; and a fourth tube connected to the second side portion and communicating with the chamber (Claim 1).
With respect to claim 5, Pat ‘243 discloses the package assembly of claim 3, further comprising: a first manifold connected to the first tube and the third tube; a second manifold connected to the second tube and the fourth tube; and a pump connected to the first manifold, the pump driving a cooling liquid to flow into the heat dissipation space and the chamber through the first manifold, the first tube and the third tube, the cooling liquid flowing out of the heat dissipation space and the chamber through the second tube, the fourth tube and the second manifold (Claim 1).
With respect to claim 8, Pat ‘243 discloses the package assembly of claim 1, wherein the cover further comprises a plurality of fins disposed in the heat dissipation space, extending from an inner surface of the top portion, and spaced apart from each other (Claim 3).
With respect to claim 9, Pat ‘243 discloses the package assembly of claim 1, wherein the cover further comprises a plurality of fins disposed in the chamber, extending from a lower surface of the top portion facing the electronic component, and spaced apart from each other (Claim 4).
With respect to claim 10, Pat ‘243 discloses the package assembly of claim 1, wherein the electronic component comprises a plurality of fins extending from a periphery of the electronic component and spaced apart from each other (Claim 5).
With respect to claim 11, Pat ‘243 discloses the package assembly of claim 10, wherein the electronic component is further formed with at least one via and the plurality of fins extend from the at least one via (Claim 6).
With respect to claim 12, Pat ‘243 discloses a package assembly comprising: a substrate; an electronic component disposed on the substrate; a cover disposed on the substrate, the cover comprising a top portion, a first side portion and a second side portion, the first side portion and the second side portion extending from opposite sides of the top portion and being connected to the substrate, a chamber being formed between the top portion, the first side portion, the second side portion and the substrate, the electronic component being located within the chamber; a first tube connected to the first side portion and communicating with the chamber; a second tube connected to the second side portion and communicating with the chamber; and a first thermal interface material disposed in the chamber and sandwiched in between the electronic component and the top portion (Claim 7).
With respect to claim 15, Pat ‘243 discloses further comprising: a first manifold connected to the first tube and the third tube; a second manifold connected to the second tube and the fourth tube; and a pump connected to the first manifold, the pump driving a cooling liquid to flow into the chamber and the heat dissipation device through the first manifold, the first tube and the third tube, the cooling liquid flowing out of the chamber and the heat dissipation device through the second tube, the fourth tube and the second manifold (Claim 7).
Dependent claims 18-22 are also rejected under double patenting via claims 7-12 of Pat ‘243.
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.
Claims 1-4 and 8-10 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Campbell (U.S 2015/0109735 A1).
In regards to Claim 1, Campbell discloses a package assembly comprising: a substrate (Fig.5a, #501); an electronic component (Fig.5a, #505) disposed on the substrate (Fig.5a); a cover (Fig.5a, #510) disposed on the substrate (Fig.5a), the cover comprising a top portion (Fig.5a, #530 (top surface)), a first side portion (Fig.5a, (left side portion), a second side portion (Fig.5a, #right side portion of #510 and a heat dissipation space (Fig.5a, #530 in conjunction with #531), the first side portion and the second side portion extending from opposite sides of the top portion and being connected to the substrate (Fig.5a, #510 is connected to substrate #501 via #502), the heat dissipation space being formed within the top portion (Fig.5a, heat dissipation space is formed at the top portion of #530), the first side portion and the second side portion (Fig.5a, the first and second side portion extend up to the top portion to define the heat dissipation space), a chamber (Fig.5a, #515) being formed between the top portion, the first side portion, the second side portion and the substrate (Fig.5a), the electronic component being located within the chamber (Fig.5a, #505 is located within the chamber #515); a first tube (Fig.5a, #532 a tube/conduit is connected) connected to the first side portion (Fig.5a, #532 is connected to the first side portion) and communicating with the heat dissipation space (Fig.5a, communities with #531); and a second tube connected to the second side portion (Fig.5a, #532 connected to the second portion (right side)) and communicating with the heat dissipation space (Fig.5a, #532 is fluid communication with #531).
In regards to Claim 2, Campbell discloses the package assembly of claim 1, further comprising a thermal interface material disposed in the chamber and sandwiched in between the electronic component and the top portion.
In regards to Claim 3, Campbell discloses the package assembly of claim 1, further comprising: a third tube connected to the first side portion (Fig.5a, #512 connected to conduit/tube) and communicating with the chamber (Fig.5a); and a fourth tube connected to the second side portion (Fig.5a, #511 connected to conduit/tube) and communicating with the chamber (Fig.5a, #520).
In regards to Claim 4, Campbell discloses the package assembly of claim 3, further comprising: a first pump (Fig.2, #215) connected to the first tube (Fig.5a, #532), the first pump driving a first cooling liquid to flow into the heat dissipation space through the first tube (Fig.5a, #531 are coolant channels for the flow of coolant), the first cooling liquid flowing out of the heat dissipation space through the second tube (Fig.5a, #533); and a second pump (Fig.5b, #540) connected to the third tube (Fig.5a, #512), the second pump driving a second cooling liquid to flow into the chamber through the third tube (Fig.5a, #520 is a flow of liquid coolant within #515), the second cooling liquid flowing out of the chamber through the fourth tube (Fig.5a, #511).
In regards to Claim 8, Campbell discloses the package assembly of claim 1, wherein the cover further comprises a plurality of fins (Fig.5a, the structures which define the coolant channels #531 are consider the fins) disposed in the heat dissipation space (Fig.5a), extending from an inner surface of the top portion, and spaced apart from each other (Fig.5a, fins are spaced apart to create coolant channels #531).
In regards to Claim 9, Campbell discloses the package assembly of claim 1, wherein the cover further comprises a plurality of fins disposed in the chamber (Fig.5a, #535 are part of the cover and are disposed in chamber #515), extending from a lower surface of the top portion facing the electronic component, and spaced apart from each other (Fig.5a, #535 faces #505 and extend from a lower surface of #530).
In regards to Claim 10, Campbell discloses the package assembly of claim 1, wherein the electronic component comprises a plurality of fins (Fig.5a, #504) extending from a periphery of the electronic component and spaced apart from each other (Fig.5a).
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 (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 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 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.
Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over Campbell (U.S 2015/0109735 A1) in view of Campbell hereinafter, Camp ‘878 (U.S 2013/0027878 A1).
In regards to Claim 2, Campbell discloses the package assembly of claim 1.
Campbell fails to disclose: Further comprising a thermal interface material disposed in the chamber and sandwiched in between the electronic component and the top portion.
However, Camp ‘878 discloses: Further comprising a thermal interface material (Fig.5a, #515 and paragraph [0046], which discloses #515 being a thermal interfacing material) disposed in the chamber and sandwiched in between the electronic component and the top portion (Fig.5a, #515 is between #511 and top portion of cover #516, as such the office notes that with the combination of Campbell in view of Camp ‘878, the electronic component between the top portion and substrate within the chamber (as taught by Campbell) would be modified such that a thermal interface material is placed between the electronic component and top portion (as taught by Camp ‘878) to help better conduct heat from the component to the heat dissipation space).
Therefore, it would of have been obvious to one of ordinary skill in the art at the time the application was filed to have modified the electronic component between the top portion and substrate within the chamber (as taught by Campbell) such that a thermal interface material is placed between the electronic component and top portion (as taught by Camp ‘878) to help better conduct heat from the component to the heat dissipation space. By removing the fins and replacing with a thermal interface material, would ensure no thermal gap exist between the component and top portion, thereby increasing the heat dissipation efficiency.
Claims 12-14 and 19-20 are rejected under 35 U.S.C. 103 as being unpatentable over Campbell (U.S 2015/0109735 A1) in view of Smith (U.S 2022/0042751 A1).
In regards to Claim 12, Campbell discloses a package assembly comprising: a substrate (Fig.5a, #501); an electronic component disposed on the substrate (Fig.5a, #505); a cover (Fig.5a, #510) disposed on the substrate (Fig.5a), the cover comprising a top portion, a first side portion and a second side portion (Fig.5a, #510 comprises a top, left and right side portion), the first side portion and the second side portion extending from opposite sides of the top portion (Fig.5a) and being connected to the substrate (Fig.5a, #510 is connected to #501 via first and second portion in conjunction with #502), a chamber (Fig.5a, #515) being formed between the top portion, the first side portion, the second side portion and the substrate, the electronic component being located within the chamber (Fig.5a, #505 is within #515); a first tube (Fig.5a, #511 a tube/conduit is connected) connected to the first side portion (Fig.5a, #511 is connected to the first side portion) and communicating with the chamber (Fig.5a, #511 communities with #515); and a second tube (Fig.5a, #512 connected to the second side portion (Fig.5a, #512 connected to the second portion (left side)).
Campbell fails to disclose: A first thermal interface material disposed in the chamber and sandwiched in between the electronic component and the top portion.
However, Smith discloses: A first thermal interface material (Fig.2, and paragraph [0039], which discloses heat conducting fillers between component #20 and top portion of #100) disposed in the chamber and sandwiched in between the electronic component and the top portion (Fig.2, the thermal interface material is within the chamber between the component #20 and #100, as such the office notes that with the combination of Campbell in view of Smith, the electronic component between the top portion and substrate within the chamber (as taught by Campbell) would be modified such that a thermal interface material is placed between the electronic component and top portion (as taught by Smith) to help better conduct heat from the component to the heat dissipation space).
Therefore, it would of have been obvious to one of ordinary skill in the art at the time the application was filed to have modified the electronic component between the top portion and substrate within the chamber (as taught by Campbell) such that a thermal interface material is placed between the electronic component and top portion (as taught by Smith) to help better conduct heat from the component to the heat dissipation space. By removing the fins and replacing them with a thermal interface material, would ensure no thermal gap exist between the component and top portion, thereby increasing the heat dissipation efficiency.
In regards to Claim 13, Campbell in view of Smith disclose discloses the package assembly of claim 12, further comprising a heat dissipation device (Campbell, Fig.5a, #530), a third tube (Campbell, Fig.5a, #532) and a fourth tube (Campbell, Fig.5a, #533), the heat dissipation device being disposed on the cover, the third tube and the fourth tube being connected to opposite sides (Campbell, Fig.5a, #532 and #533 are disposed on opposite sides) of the heat dissipation device (Campbell, Fig.5a, #530 is integrated above the top portion of the cover #510)
In regards to Claim 14, Campbell discloses the package assembly of claim 13, further comprising: a first pump (Fig.2, #215) connected to the first tube (Fig.5a, #532), the first pump driving a first cooling liquid to flow into the heat dissipation space through the first tube (Fig.5a, #531 are coolant channels for the flow of coolant), the first cooling liquid flowing out of the heat dissipation space through the second tube (Fig.5a, #533); and a second pump (Fig.5b, #540) connected to the third tube (Fig.5a, #512), the second pump driving a second cooling liquid to flow into the chamber through the third tube (Fig.5a, #520 is a flow of liquid coolant within #515), the second cooling liquid flowing out of the chamber through the fourth tube (Fig.5a, #511).
In regards to Claim 19, Campbell in view of Smith disclose the package assembly of claim 12, wherein the cover further comprises a plurality of fins (Campbell Fig.5a, the structures which define the coolant channels #531 are consider the fins) extending from an upper surface of the top portion, and spaced apart from each other (Fig.5a, fins are spaced apart to create coolant channels #531).
In regards to Claim 20, Campbell in view of Smith disclose the package assembly of claim 12, wherein the cover further comprises a plurality of fins disposed in the chamber, extending from a lower surface of the top portion facing the electronic component, and spaced apart from each other (Smith, Fig.2, the office notes that with the combination of Campbell in view of Smith, the bottom surface of the top portion having fins (as taught by Campbell) would be modified such that the space above the component would include a planar surface to allow a thermal interface material to be disposed between said top portion and component (as taught by Smith), such that the fins would extend from the top portion and around said component (as seen in Smith figure 2)).
Claim 18 is rejected under 35 U.S.C. 103 as being unpatentable over Campbell (U.S 2015/0109735 A1) in view of Smith (U.S 2022/0042751 A1), and further, in view of Camp ‘878 (U.S 2013/0027878 A1).
In regards to Claim 18, Campbell in view of Smith disclose the package assembly of claim 13.
Campbell in view of Smith fail to disclose: Further comprising a second thermal interface material sandwiched in between the heat dissipation device and the top portion.
However, Camp ‘878 discloses: Further comprising a second thermal interface material (Fig.5a, #517) sandwiched in between the heat dissipation device (Fig.5a, #520) and the top portion (Fig.5a, #517 disposed on top portion of #516, as such the office notes that with the combination of Campbell in view of Smith and Camp ‘878, the integrated heat dissipation space disposed in the cover (as taught by Campbell) would be modified to be separated and coupled via a second thermal interface material to the top portion (as taught by Camp ‘878) to conduct heat away from the chamber).
Therefore, it would of have been obvious to one of ordinary skill in the art at the time the application was filed to have modified the integrated heat dissipation space disposed in the cover (as taught by Campbell) to be separated and coupled via a second thermal interface material to the top portion (as taught by Camp ‘878) to conduct heat away from the chamber. By including a TIM between the heat dissipation space and top portion, would ensure no thermal gaps exist between said elements.
Additionally, MPEP 2144.04 (V) (C) notes that making two elements separable from the prior art teachings is considered obvious as being well with the purview of one of ordinary skill in the art, wherein there is no criticality established within the instant application drawings (figures 1-8, which discloses different embodiments showing integrated and separated heat dissipation devices), thus wherein the integrated heat dissipation space disposed on the cover, is simply separating the heat dissipating heatsink and the cover such that the two elements can be attached via a thermal interface material which is obvious as being well within the purview of one of ordinary skill in the art as it would allow a user to remove/replace the heatsink without having replace the whole structure. Lastly, the office notes that such modification would yield predictable results, i.e., conduct heat when the base is in contact with a heat generating component via TIM (See MPEP 2144.04 (V) (C), citing, In re Dulberg, 289 F.2d 522, 523, 129 USPQ 348, 349 (CCPA 1961)).
Claim 21 is rejected under 35 U.S.C. 103 as being unpatentable over Campbell (U.S 2015/0109735 A1) in view of Smith (U.S 2022/0042751 A1), and further, in view of Sakuma (U.S 2015/0245537 A1).
In regards to Claim 21, Campbell discloses the package assembly of claim 12.
Campbell in view of Smith fail to disclose: Wherein the electronic component comprises a plurality of fins extending from a periphery of the electronic component and spaced apart from each other.
However, Sakuma discloses: Wherein the electronic component (Fig.11, #20) comprises a plurality of fins extending from a periphery of the electronic component (Fig.11, #20 includes fins #31c located on the right and left sides of #20) and spaced apart from each other (Fig.11, and as such the office notes that with the combination of Campbell in view of Smith and Sakuma, the electronic component having fins disposed in the chamber (as taught by Campbell) would be modified to have the fins placed on the left and right side of said component (as taught by Sakuma) to dissipate heat generated by said component).
Therefore, it would of have been obvious to one of ordinary skill in the art at the time the application was filed to have modified the electronic component having fins disposed in the chamber (as taught by Campbell) to have the fins placed on the left and right side of said component (as taught by Sakuma) to dissipate heat generated by said component. By placing the fins on the right and left sides of the component, would increase heat dissipating surface area and thereby, resulting in better heat dissipation.
Allowable Subject Matter
Claims 5-7, 11, 15-17 and 22 are 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.
In regards to Claim 5, no prior art fairly suggests or discloses “a first manifold connected to the first tube and the third tube; a second manifold connected to the second tube and the fourth tube; and a pump connected to the first manifold, the pump driving a cooling liquid to flow into the heat dissipation space and the chamber through the first manifold, the first tube and the third tube, the cooling liquid flowing out of the heat dissipation space and the chamber through the second tube, the fourth tube and the second manifold”.
In regards to Claim 6, no prior art fairly suggests or discloses “further comprising: a connecting tube connected to the second tube and the fourth tube; and a pump connected to the first tube, the pump driving a cooling liquid to flow into the heat dissipation space through the first tube, the cooling liquid flowing out of the heat dissipation space through the second tube and flowing into the chamber through the connecting tube and the fourth tube, the cooling liquid flowing out of the chamber through the third tube”, in conjunction with the remaining elements.
In regards to Claim 7, no prior art fairly suggests or discloses “further comprising: a connecting tube connected to the second tube and the fourth tube; and a pump connected to the third tube, the pump driving a cooling liquid to flow into the chamber through the third tube, the cooling liquid flowing out of the chamber through the fourth tube and flowing into the heat dissipation space through the connecting tube and the second tube, the cooling liquid flowing out of the heat dissipation space through the first tube”, in conjunction with the remaining elements.
In regards to Claims 11 & 22, no prior art fairly suggests or discloses” wherein the electronic component is further formed with at least one via and the plurality of fins extend from the at least one via”, in conjunction with the remaining elements and claim 10.
In regards to Claim 15, no prior art fairly suggests or discloses “a first manifold connected to the first tube and the third tube; a second manifold connected to the second tube and the fourth tube; and a pump connected to the first manifold, the pump driving a cooling liquid to flow into the heat dissipation space and the chamber through the first manifold, the first tube and the third tube, the cooling liquid flowing out of the heat dissipation space and the chamber through the second tube, the fourth tube and the second manifold”.
In regards to Claim 16, no prior art fairly suggests or discloses “further comprising: a connecting tube connected to the second tube and the fourth tube; and a pump connected to the first tube, the pump driving a cooling liquid to flow into the heat dissipation space through the first tube, the cooling liquid flowing out of the heat dissipation space through the second tube and flowing into the chamber through the connecting tube and the fourth tube, the cooling liquid flowing out of the chamber through the third tube”, in conjunction with the remaining elements.
In regards to Claim 17, no prior art fairly suggests or discloses “further comprising: a connecting tube connected to the second tube and the fourth tube; and a pump connected to the third tube, the pump driving a cooling liquid to flow into the chamber through the third tube, the cooling liquid flowing out of the chamber through the fourth tube and flowing into the heat dissipation space through the connecting tube and the second tube, the cooling liquid flowing out of the heat dissipation space through the first tube”, in conjunction with the remaining elements.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Campbell (U.S 2014/0123492 A1) – Discloses a package assembly which comprises a cover having a top, first and second portion which define a chamber in which a component is placed within, furthermore, discloses a heat dissipation device disposed on top of said cover to dissipate heat generated within the chamber.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MANDEEP S BUTTAR whose telephone number is (571)272-4768. The examiner can normally be reached 7:00AM-4:00PM.
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/MANDEEP S BUTTAR/ Primary Examiner, Art Unit 2841
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