Prosecution Insights
Last updated: October 02, 2026
Application No. 19/014,421

HEAT SINK ASSEMBLY

Non-Final OA §103§112
Filed
Jan 09, 2025
Priority
Jan 18, 2024 — EU 24152582.3
Examiner
LANE, DEVON
Art Unit
Tech Center
Assignee
ABB Schweiz AG
OA Round
1 (Non-Final)
56%
Grant Probability
Moderate
1-2
OA Rounds
1y 7m
Est. Remaining
70%
With Interview

Examiner Intelligence

Grants 56% of resolved cases
56%
Career Allowance Rate
441 granted / 790 resolved
-4.2% vs TC avg
Moderate +14% lift
Without
With
+14.1%
Interview Lift
resolved cases with interview
Typical timeline
3y 4m
Avg Prosecution
37 currently pending
Career history
828
Total Applications
across all art units

Statute-Specific Performance

§101
0.4%
-39.6% vs TC avg
§103
54.0%
+14.0% vs TC avg
§102
17.4%
-22.6% vs TC avg
§112
27.0%
-13.0% vs TC avg
Black line = Tech Center average estimate • Based on career data from 790 resolved cases

Office Action

§103 §112
DETAILED ACTION Allowable Subject Matter Claims 9-10 and 13 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. The following is a statement of reasons for the indication of allowable subject matter: The prior art does not appear to teach or fairly suggest, in combination with all the other limitations of the claims from which they depend, the deflector which has the twist component about the axis of rotation as required by claim 9 and illustrated in Fig. 2. Yonezu (US 2020/0156433) does teach the use of such a twisted air guide member, but Yonezu teaches the air guide upstream of a fan for inducing a rotational component to inlet air prior to interacting with a fan rather than directing output air from a fan, as in the present invention. The prior art does not appear to teach or fairly suggest, in combination with all limitations of the claims from which it depends, the heat sink assembly with capacitors located between the fan and heat sink and spanning gaps formed in the deflector. Claim Objections Claim1 is objected to because of the following informalities: line 17 should read “…includes a flow channel…”. Appropriate correction is required. 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 1-13 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. In claim 1, “a small distance” is a term of degree whose scope is unclear. Multiple different possible interpretations for what constitutes ‘small’ are presented in the disclosure which does not provide certainty as it is unclear what standard or range is intended. Claims 2-13 depend from claim 1. 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 and 11-12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lai (US 2008/0062641) in view of McClellan (US 2008/0239661). Regarding claim 1, Lai teaches a heat sink (100) having a body part (120) and a plurality of cooling fins (140) protruding from the body in a first direction (up-down); a cooling fan (200) providing a cooling air flow for cooling the heat sink is an axial flow fan (Figs.) having a fan body and impeller (Figs.) adapted to rotate relative to the fan body, and a distance between the cooling fan and the heat sink in a second direction (lateral spacing between the two in the flow direction) is ‘small’ (e.g. Fig. 5) and at least a portion of the cooling air flow passes between the fins (Fig. 5); an air deflector (370a) deflects at least part of the cooling air flow; the body part of the heat sink is spaced apart from the axis of rotation of the impeller in the first direction (Fig. 5) and the air deflector is adapted to deflect at least part of the cooling air toward the body part of the heat sink in the first direction (see downward slant of 320a from 324a to 322a); a flow channel between the cooling fan and heat sink (delineated by 312, 314) defined by flow channel walls (see Figs. 5 and 6) the air deflector divides the flow channel into first and second (360a, 370a) flow channels with the first closer to the body of the heat sink than the second. Lai does not teach lateral deflection. McClellan teaches deflectors with vertical (113) and lateral (104) deflection of air toward a heat sink (307). It would have been obvious to one of ordinary skill to form the device of Lai with lateral deflection, as taught by McClellan, in order to allow for a greater diameter of fan and thus greater air flows. Lai further teaches that: the plane defined by the body of the heat sink (flat bottom surface) is parallel to the axis of the fan (see Fig. 5), per claim 2; the vertical distance from the axis of rotation of the impeller to the body part of the heat sink is equal to a radius of the impeller (in the embodiment of Fig. 6 the lower surface of 360a, surface 310a, is parallel to the axis indicating that this embodiment is not mounted lower than the body part of the heat sink), per claims 3 and 4; the cross sectional area of the first (360a) part of the flow channel is greater near the fan than the heat sink (see Fig. 6), per claim 11; there are no gaps between the first and second parts of the flow channel (i.e. 0% of surface area; see Fig. 6), per claim 12. Regarding claims 5-8, while the recited ranges are present in the specification, no criticality could be located for the particular ranges. As such, it would have been within the ordinary skill in the art to choose the relevant distance and ratio dimensions as Lai has left such choices to one of ordinary skill and a change in dimension is recognized to be within the ordinary skill. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to Devon Lane whose telephone number is (571)270-1858. The examiner can normally be reached M-Th, 9-4. 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, Jerry-Daryl Fletcher can be reached at 571.270.5054. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /DEVON LANE/ Primary Examiner, Art Unit 3763
Read full office action

Prosecution Timeline

Jan 09, 2025
Application Filed
Aug 31, 2026
Non-Final Rejection mailed — §103, §112 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12742602
COSMETOLOGY INSTRUMENT
2y 9m to grant Granted Sep 22, 2026
Patent 12736072
LOW SOLIDITY COALESCING TUBE BUNDLE ELBOW
3y 6m to grant Granted Sep 15, 2026
Patent 12729920
HEAT EXCHANGER, REFRIGERATION CYCLE APPARATUS, AND METHOD FOR MANUFACTURING HEAT EXCHANGER
2y 8m to grant Granted Sep 08, 2026
Patent 12723816
PLATE WITH FLOW CHANNEL
5y 2m to grant Granted Sep 01, 2026
Patent 12727124
Data Center Infrastructure Modularization Systems And Methods
4y 9m to grant Granted Sep 01, 2026
Study what changed to get past this examiner. Based on 5 most recent grants.

Strategy Recommendation AI-generated — please review before filing

Get a prosecution strategy drawn from examiner precedents, rejection analysis, and claim mapping.
Typically takes 5-10 seconds — AI-generated, attorney review required before filing

Prosecution Projections

1-2
Expected OA Rounds
56%
Grant Probability
70%
With Interview (+14.1%)
3y 4m (~1y 7m remaining)
Median Time to Grant
Low
PTA Risk
Based on 790 resolved cases by this examiner. Grant probability derived from career allowance rate.

Sign in with your work email

Enter your email to receive a magic link. No password needed.

Personal email addresses (Gmail, Yahoo, etc.) are not accepted.

Free tier: 3 strategy analyses per month