DETAILED ACTION
This action is in response to applicant’s amendment received 10/28/2025. Amended claims 1-2, 4, 6 and 8-11are acknowledged. Claims 1-14 are pending.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103:
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.
Claims 1-14 are rejected under 35 U.S.C. 103 as being unpatentable over Shin (KR 20140007029A, machine translation attached) in view of Ha (KR 102462393B1, machine translation attached).
Regarding claim 1, Shin discloses:
a heat sink assembly (figs. 1-4) [abstract] comprising:
a first heat sink having a plurality of ribs (114) integrally molded along a length direction of the first heat sink by extrusion molding inside the first heat sink (see annotated fig. 3B-SHIN, page 3) [par. 0040-0041], and a second heat sink having a plurality of ribs (114) integrally molded along a length direction of the second heat sink by extrusion molding inside the second heat sink (see annotated fig. 3B-SHIN, page 3) [par. 0040-0046],
spaces between the ribs (114) of the first and the second heat sinks forming a flow path (116) through which a coolant flows [par. 0045] (see annotated fig. 3B-SHIN, page 3),
first and second surfaces of the first heat sink and of the second heat sink at both ends of the respective length direction being open (see annotated fig. 2-SHIN, page 3), and the first and second heat sinks each having a communication port (at 122a) on one side wall adjacent to the second surface of the respective heat sink (see annotated fig. 3B-SHIN, page 3),
wherein the first and second heat sinks are integrally formed [par. 0041] so that the communication ports (at 122a) of the first heat sink and the second heat sink align (at 122a) (see annotated fig. 3B-SHIN, page 3),
the ribs (114) of the first and second heat sinks have a length such that both ends thereof are spaced apart from the first and second surfaces of the respective heat sink by a predetermined distance (see annotated fig. 3B-SHIN, below), and
the open first and second surfaces of both ends of the first and second heat sinks are closed by end plugs (120b, 120a) inserted into the first surface and the second surface of the respective heat sink and spaced apart from ends of the respective ribs (114) (see annotated fig. 3B-SHIN, below).
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The recitation "the first and second heat sinks are integrally formed by forming a bonding surface" is considered to be a product by process limitation (emphasis added). MPEP 2113 clearly states "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 this instance, the product taught by Shin is the same as or makes the product claimed obvious, meeting this limitation of the claim. Further, integrally manufacturing multiple heat sinks by forming a bonding surface and having a seam joining the multiple heat sinks is old and known in the art, as taught by Ha. Ha, also directed to a heat sink assembly (figs. 5-6) [abstract] comprising:
a first heat sink (300) having a plurality of ribs (dotted lines, figs. 5-6) integrally molded along a length direction of the first heat sink (300) by extrusion molding inside the first heat sink [par. 0053 and 0058], and a second heat sink (400) having a plurality of ribs (dotted lines, figs. 5-6) integrally molded along a length direction of the second heat sink (400) by extrusion molding inside the second heat sink [par. 0053 and 0060], and spaces between the ribs (dotted lines, figs. 5-6) of the first (300) and the second (400) heat sinks forming a flow path (320/420) through which a coolant flows [par. 0058-0060], teaches the first (300) and second (400) heat sinks being integrally formed by forming a bonding surface and having a seam joining the first (300) and second (400) heat sinks (figs. 5-6) [“stir welding” par. 0057 and 0061. It is known in the art that stir welding two plates produces a seam joining the plates].
It would have been obvious to one of skill in the art, before the effective filing date of the claimed invention, to incorporate the manufacturing process of Ha into Shin should the first and second heat sinks were separate bodies, as a matter of an obvious design choice. Furthermore, it has been held that constructing a formerly integral structure in various elements involves only routine skill in the art. Nerwin v. Erlichman, 168 USPQ 177, 179.
Regarding claim 2, Shin discloses:
the first surface and the second surface of the first and second heat sinks being each closed with an end plug (120b, 120a) (see annotated fig. 3B-SHIN, page 3), and
both ends of the side walls of the first and second heat sinks forming the bonding surface (see annotated fig. 3B-SHIN, page 3) being formed with a cutaway part corresponding to a depth into which the respective end plug (120b, 120a) is inserted (see annotated fig. 3B-SHIN, page 3).
Regarding claim 3, Shin discloses:
one of the first or second heat sinks comprising an inlet port (119/130) communicating with the flow path (116), while the other heat sink comprising an outlet port (119/130) communicating with the flow path (116) (see annotated fig. 2-SHIN, page 3, as it applies to annotated fig. 3-SHIN, page 3) [par. 0038].
Regarding claim 4, Shin discloses:
the inlet port (119/130) and the outlet port (119/130) being located in a space between the end plug (120b) on the first surface and a rib (114) (see annotated fig. 3B-SHIN, page 3, as it applies to fig. 2).
Regarding claim 5, Shin discloses:
the inlet port (119/130) and the outlet port (119/130) being each located diagonally with respect to the communication port (at 122a) (seen in annotated fig. 3B-SHIN, page 3, as it applies to fig. 2).
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Shin in view of Chan (KR 2020-0098841, machine translation attached).
Regarding claim 6, Shin does not disclose:
the ribs of the first and second heat sinks being configured such that a first end of a first surface side of each rib is further away from the first surface as the rib is closer to the bonding surface, and
a second end of a second surface side of each rib is closer to the second surface as the rib is closer to the bonding surface.
Chan, also directed to a heat sink module (10 plus 30) applicable to battery arrays (fig. 6) [par. 0026] wherein inflow paths (formed by ribs 13a) are separated from outflow paths (formed by ribs 15a) by a main central rib (12a plus 12b) (best seen in figs. 4-6) teaches the ribs (15a) of the outflow paths becoming shorter as they go outward from the main central rib (12a plus 12b) so that the width of the outflow passage introduction part becomes wider so that the flow of the working fluid can be smoother and the temperature variation by location of the object to be cooled can be more efficient [par. 0015, 0090, 0096].
It would have been obvious to one of skill in the art, before the effective filing date of the claimed invention, to incorporate into Shin the teachings of Chan to have the ribs of the first and second heat sinks being configured such that a first end of a first surface side of each rib is further away from the first surface as the rib is closer to the bonding surface, and a second end of a second surface side of each rib is closer to the second surface as the rib is closer to the bonding surface, in order to optimize heat transfer according to the user’s needs.
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Shin in view of Paramasivan et al. (US 2018/0131051, herein “Paramasivan”).
Regarding claim 7, it is noted that the mere duplication of parts has no patentable significance unless a new and unexpected result is produced. MPEP 2144.04, section VI, part B. In this case, duplicating one or more of the first and second heat sinks in pairs as modules will further enhance heat transfer according to the user’s needs, and would be a matter of an obvious design choice that wouldn’t require inventive skills, based on Shin’s disclosure.
Pipe members connecting an outlet port provided on one module with an inlet port provided on another module, are old and known in the art. Paramasivan, for instance, also directed to a thermal cooling device (fig. 2) comprising a plurality of heat sink modules (70A, 70B) (fig. 2) applicable to battery arrays (56A, 56B) (fig. 2) teaches the use of a piping (81) connecting an outlet port (84A) provided on one module (70A) with an inlet port (82B) provided on another module (70B), that is, connecting the modules (70A, 70B) in series with a fluid source (77), as an obvious variation of heat sink modules connected un parallel (this is, without a pipe member connecting the modules in series) for the purpose of providing effective heat transfer while reducing the overall size the thermal management system (75) [par. 0050].
It would have been obvious to one of skill in the art, before the effective filing date of the claimed invention, to incorporate into Shin the teachings of Paramasivan, to have a pipe member connecting an outlet port provided on one module with an inlet port provided on another module as a matter of an obvious design choice, in the case of duplicated heat sink modules, according to the user’s needs.
Claims 8-13 are rejected under 35 U.S.C. 103 as being unpatentable over Shin.
Regarding claim 8, it is noted that the mere duplication of parts has no patentable significance unless a new and unexpected result is produced. MPEP 2144.04, section VI, part B. In this case, duplicating one or more of the communication ports and having the second heat sink comprising the duplicated communication port on a side wall adjacent to the first surface, the heat sink assembly further comprising a third heat sink, wherein the third heat sink comprises a plurality of ribs integrally molded along a length direction of the third heat sink by extrusion molding inside the third heat sink, wherein the second and third heat sinks comprise the same features as the first and second heat sinks of the heat sink assembly of claim 1 regarding the ribs, the space between ribs, the side walls and the open first and second surfaces, will further enhance heat transfer according to the user’s needs, and would be a matter of an obvious design choice that wouldn’t require inventive skills, based on Shin’s disclosure.
Regarding claim 9, Shin’s discloses, as it applies to claims 2 and 8, above:
each of the first surface and the second surface of each of the first, second, and third heat sinks being closed with one end plug (duplicated plugs 120b, 120a), and
both ends of the side walls of the first, second, and third heat sinks forming the respective bonding surfaces being formed with a cutaway part corresponding to a depth at which the respective end plug (120b, 120a) is inserted (see annotated fig. 3B-SHIN, page 3, as it applies to duplicated heat sinks).
Regarding claim 10, Shin discloses, as it applies to claims 3 and 8, above:
one of the first or third heat sinks being provided with an inlet port (119/130) communicating with the respective flow path (116), while the other of the first or third heat sinks is provided with an outlet port (119/130) communicating with the respective flow path (116) (see annotated fig. 3B-SHIN, page 3, as it applies to duplicated heat sinks).
Regarding claim 11, Shin discloses, as it applies to claims 4 and 8, above:
one of the inlet port (119/130) and outlet port (119/130) being located in a space between the end plug (120b, 120a) on the respective first surface and a rib (114), and the other is located in a space between the end plug (120b, 120a) on the respective second surface and a rib (114) (see annotated fig. 3B-SHIN, page 3, as it applies to duplicated heat sinks).
Regarding claim 12, Shin discloses:
the inlet port (119/130) and the outlet port (119/130) being each located diagonally with respect to the communication port (at 122a) (seen in annotated fig. 3B-SHIN, page 3).
Regarding claim 13, it is noted that the mere duplication of parts has no patentable significance unless a new and unexpected result is produced. MPEP 2144.04, section VI, part B. In this case, duplicating one or more of the heat sinks, wherein
an Nth heat sink (wherein N is a natural number of 3 or more) and an (N+1)th heat sink are integrally formed by forming a bonding surface in a way that the communication ports of the Nth heat sink and the (N+1)th heat sink align, and
open first and second surfaces of both ends of the (N+1)th heat sink are closed by end plugs inserted into the respective first surface and the respective second surface and spaced apart from the ends of the ribs formed along the length direction,
will further enhance heat transfer according to the user’s needs, and would be a matter of an obvious design choice that wouldn’t require inventive skills, based on Shin’s disclosure.
Regarding claim 14, Shin discloses:
Each end plug (120b, 120a) including an insertion portion, extending laterally, which protrudes into space between a top plate (110) and a bottom plate (110) of the respective heat sink (seen in annotated fig. 2-SHIN, page 3).
Response to Arguments
The rejections of claims 1-13 under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), as set forth in the Office Action mailed 07/30/2025 second paragraph, are withdrawn in light of the amendments.
Applicant's arguments filed 10/25/2025 have been fully considered but they do not apply to the new grounds of rejection.
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 GUSTAVO A HINCAPIE SERNA whose telephone number is (571)272-6018. The examiner can normally be reached 9am-5:30pm.
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/GUSTAVO A HINCAPIE SERNA/Examiner, Art Unit 3763
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