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 Objections
Claim 16 is objected to because of the following informalities: lines 5 and 6 of claim 16 recite “a heat generation-side electrode of the second thermoelectric element portion,” however, this recitation appears to be the result of a typographical error. For the purpose of this office action the recitation will be treated as if it states a heat generation-side electrode portion of the second thermoelectric element. Appropriate correction is required.
Claim 18 is objected to because of the following informalities: line 20 of claim 18 appears to contain a typographical error with regard to the phrase “directed connected.” For the purpose of this office action, the phrase will be treated as if it states directly connected. Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1-13 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. Specifically, lines 15 and 16 of claim 1 recite “a sealing cover directly connected to an edge of the cold sink and an edge of the heat sink,” and lines 35 through 37 of claim 1 recite “wherein one end of the sealing cover is directly connected to the edge of the cold sink and another end of the sealing cover is directly connected to the edge of the heat sink,” however, the as-filed specification describes the sealing cover directly connecting the heat sink to the cold sink in paragraph [0024], and further describes a sealing cover 26 connecting edges of the cold sink 22 and the heat sink 24 to each other in paragraph [00180] and depicts the configuration in Figures 8 and 9, which includes adhesive 261, and which paragraph [00187] describes the sealing cover 26 are connected to edges of the cold sink 22 and the heat sink 24 by an adhesive 261 to prevent foreign substances such as moisture from being introduced into the thermoelectric element 40. While the as-filed specification does describe a sealing cover connected to an edge of the cold sink and an edge of the heat sink by an adhesive, the as-filed specification does not describe a sealing cover directly connected to an edge of the cold sink and an edge of the heat sink as recited in claim 1, nor does the as-filed specification describe one end of the sealing cover is directly connected to the edge of the cold sink and another end of the sealing cover is directly connected to the edge of the heat sink. Claims 2-13 are rejected due to their respective dependence on claim 1.
Claims 14-17 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. Specifically, lines 19 and 20 of claim 14 recite “a sealing cover directly connected to an edge of the plate portion of the cold sink and an edge of the heat sink,” and lines 23 through 25 of claim 14 recite “wherein one end of the sealing cover is directly connected to the edge of the cold sink and another end of the sealing cover is directly connected to the edge of the heat sink,” however, the as-filed specification describes the sealing cover directly connecting the heat sink to the cold sink in paragraph [0024], and further describes a sealing cover 26 connecting edges of the cold sink 22 and the heat sink 24 to each other in paragraph [00180] and depicts the configuration in Figures 8 and 9, which includes adhesive 261, and which paragraph [00187] describes the sealing cover 26 are connected to edges of the cold sink 22 and the heat sink 24 by an adhesive 261 to prevent foreign substances such as moisture from being introduced into the thermoelectric element 40. While the as-filed specification does describe a sealing cover connected to an edge of the cold sink and an edge of the heat sink by an adhesive, the as-filed specification does not describe a sealing cover directly connected to an edge of the plate portion of the cold sink and an edge of the heat sink as recited in claim 14, nor does the as-filed specification describe wherein one end of the sealing cover is directly connected to the edge of the cold sink and another end of the sealing cover is directly connected to the edge of the heat sink. Claims 15-17 are rejected due to their respective dependence on claim 14.
Claims 18-20 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. Specifically, lines 15 and 16 of claim 18 recite “a sealing cover directly connected to an edge of the plate portion of the cold sink and an edge of the heat sink,” and lines 20 through 22 recite “wherein one end of the sealing cover is directed connected to the edge of the cold sink and another end of the sealing cover is directly connected to the edge of the heat sink,” however, the as-filed specification describes the sealing cover directly connecting the heat sink to the cold sink in paragraph [0024], and further describes a sealing cover 26 connecting edges of the cold sink 22 and the heat sink 24 to each other in paragraph [00180] and depicts the configuration in Figures 8 and 9, which includes adhesive 261, and which paragraph [00187] describes the sealing cover 26 are connected to edges of the cold sink 22 and the heat sink 24 by an adhesive 261 to prevent foreign substances such as moisture from being introduced into the thermoelectric element 40. While the as-filed specification does describe a sealing cover connected to an edge of the cold sink and an edge of the heat sink by an adhesive, the as-filed specification does not describe a sealing cover directly connected to an edge of the cold sink and an edge of the heat sink as recited in claim 18, nor does the as-filed specification describe wherein one end of the sealing cover is directed connected to the edge of the cold sink and another end of the sealing cover is directly connected to the edge of the heat sink. Claims 19-20 are rejected due to their respective dependence on claim 18.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1, 4-9, 12, and 18-20 are rejected under 35 U.S.C. 103 as being unpatentable over Hamano et al. (US 2019/0081226) in view of Venkatasubramanian (US 2001/0052234) further in view of Yamazaki (JP 2005045183 – see attached machine translation) and further in view of Korea Machine & Materials (KR 101519071 – cited on 08/30/2021 IDS).
Regarding claim 1, Hamono discloses a thermoelectric module ([0039]) comprising: a cold sink including a plate portion ([0071] L3 – first heat transfer layer 31); a first thermoelectric element ([0039] L5 – thermoelectric element 11) of which a heat absorption surface is coupled to the cold sink (bottom of 11 in Fig. 3); a heat sink including a plate portion ([0071] L6 – second heat transfer layer 32).
While Hamano does disclose a thermoelectric conversion module used for cooling ([0061]), Hamano does not explicitly disclose a second thermoelectric element disposed between a heat generation surface of the first thermoelectric element and the heat sink, a heat generation surface of the second thermoelectric element being coupled to the plate portion of the heat sink to release heat transferred from the cold sink to an outside of the second thermoelectric element.
Venkatasubramanian discloses a thermoelectric cooler and further discloses a first thermoelectric element (3 in Fig. 1) of which a heat absorption surface is coupled to a cold sink (top surface of uppermost 9 in Fig. 1; [0029]); a second thermoelectric element (4 in Fig. 1) disposed between a heat generation surface of the first thermoelectric element (bottom surface of uppermost 10 in Fig. 1) and a heat sink (located below lowermost 10 in Fig. 1; [0029]).
It would have been obvious to one of ordinary skill in the art at the time the invention was filed to use a multi-stage configuration, as disclosed by Venkatasubramanian, comprising first and second thermoelectric elements, in place of the single stage configuration of Hamano, because as taught by Venkatasubramanian, the configuration allows for cooling from near room temperature to cryogenic temperatures ([0019]).
Additionally, as evidenced by Venkatasubramanian, the use of a multi-stage configuration instead of a single stage configuration in a thermoelectric cooler, amounts to the use of a known configuration in the art in place of another, and one of ordinary skill would have a reasonable expectation of success when using a multi-stage configuration in the thermoelectric cooler of Hamano based on the teaching of Venkatasubramanian.
Modified Hamano discloses a cold sink including a plate portion (Hamano - [0071] L3 – first heat transfer layer 31); a first thermoelectric element (Venkatasubramanian – 3 in Fig. 1) of which a heat absorption surface (Venkatasubramanian - top surface of uppermost 9 in Fig. 1; [0029]) is coupled to the cold sink (Hamano - [0071] L3 – first heat transfer layer 31; it is noted that the limitation “coupled to” does not require direct physical contact or the absence of intermediate components); a heat sink including a plate portion (Hamano - [0071] L6 – second heat transfer layer 32); a second thermoelectric element (Venkatasubramanian – 4 in Fig. 1) disposed between a heat generation surface of the first thermoelectric element (Venkatasubramanian - bottom surface of uppermost 10 in Fig. 1) and the heat sink (Hamano - [0071] L6 – second heat transfer layer 32), a heat generation surface of the second thermoelectric element (Venkatasubramanian - bottom surface of 10 of thermoelectric element 4 in Fig. 1) being coupled to the plate portion of the heat sink (Hamano - [0071] L6 – second heat transfer layer 32).
Modified Hamano does not explicitly disclose a heat transfer block interposed between the heat generation surface of the first thermoelectric element and a heat absorption surface of the second thermoelectric element such that the heat transfer block is configured to function as a type of heat transfer path formed between the heat generation surface of the first thermoelectric element and the heat absorption surface of the second thermoelectric element.
Yamazaki discloses a cascade type (multi-stage) thermoelectric converter ([0001]) and further discloses a heat transfer block interposed between the surfaces of adjacent thermoelectric elements ([0026] lines 225 and 226 disclose thermal conductor M; M in Figures 8-10) such that the heat transfer block is configured to function as a type of heat transfer path formed between the surfaces of the respective thermoelectric elements ([0026] line 226).
It would have been obvious to one of ordinary skill in the art at the time the invention was filed to include a heat transfer block, as disclosed by Yamazaki, between the heat generation surface of the first thermoelectric element and a heat absorption surface of the second thermoelectric element in modified Hamano, because as taught by Yamazaki, heat transfer occurs from the higher temperature thermoelectric module in contact with the thermal conductor to the lower temperature thermoelectric module ([0015] lines 136-138).
Additionally, as evidenced by Yamazaki, the inclusion of a heat transfer member between the surfaces of adjacent thermoelectric elements in a multi-stage thermoelectric converter amounts to the use of a known component in the art for its intended purpose to achieve an expected result, and one of ordinary skill would have a reasonable expectation of success when including a heat transfer member between the heat generation surface of the first thermoelectric element and the heat absorption surface of the second thermoelectric element of modified Hamano based on the teaching of Yamazaki.
Modified Hamano further discloses a sealing cover (Hamano – 21, 22, and 23 in Fig. 3) directly connected to an edge of the cold sink (Hamano – 21 in relation to an edge of 31 in Fig. 3) and an edge of the heat sink (Hamano - [0051]; 22 in relation to an edge of 32 in Fig. 3), to seal the first and second thermoelectric element (Venkatasubramanian - 3 and 4 in Fig. 1) and prevent a foreign substance from being introduced (Hamano - [0051] L12) into the first and second thermoelectric elements (Venkatasubramanian - 3 and 4 in Fig. 1).
Modified Hamano further discloses wherein the first thermoelectric element comprises: a semiconductor element portion comprising a P-type semiconductor and an N-type semiconductor (Hamano- [0039] L7-9); a heat absorption-side electrode portion disposed at one end of the semiconductor element portion (Hamano - [0041]; 14 on upper surface of 12 in Fig. 3); a heat generation side electrode portion disposed at an other end of the semiconductor element portion (Hamano - [0041]; 14 on lower surface of 13 in Fig. 3); a first heat dissipation sheet disposed between the plate portion of the cold sink and the heat absorption side electrode portion (Hamano - [0039] L3 - substrate 12); and a second heat dissipation sheet (Hamano - [0039] L4; substrate 13) disposed between a first surface of the heat transfer block (Yamazaki – surface of M in Figures 8-10) and the heat generation-side electrode portion (Hamano - [0041]; 14 on lower surface of 13 in Fig. 3), wherein each of the first and second heat dissipation sheets includes a metal sheet (Hamano - [0042] L5) having strength greater than that of a ceramic (Hamano - [0042] L5 discloses a metal material).
While modified Hamano does disclose the sealing cover (Hamano - [0051] – 21, 22, and 23 in Fig. 3) is directly connected to an edge of the cold sink (Hamano - [0071] L3 – first heat transfer layer 31; edge of 31 in relation to 21 in Fig. 3); modified Hamano does not explicitly disclose the cold sink is provided with a plurality of heat exchange fins, and the heat sink is provided with at least one of a plurality of heat exchange fins or an evaporator through which a refrigerant flows.
Korea Machine & Materials discloses a thermoelectric module (abstract) and further discloses a cold sink (47 in Fig. 9) provided with a plurality of heat exchange fins (30 in Fig. 9), and a heat sink (48 in Fig. 9) provided with a plurality of heat exchange fins (20 in Fig. 9).
It would have been obvious to one of ordinary skill in the art at the time the invention was filed to include a plurality of heat exchange fins, as disclosed by Korea Machine & Materials, in the hot and cold sinks of modified Hamano, because as evidenced by Korea Machine & Materials, the use of heat exchange fins in hot sinks and cold sinks of a thermoelectric module amounts to the use of known components in the art for their intended purpose to achieve an expected result, and one of ordinary skill would have a reasonable expectation of success when including heat exchange fins in the hot and cold sinks of the thermoelectric module of modified Hamano based on the teaching of Korea Machine & Materials.
Modified Hamano discloses one end (Hamano – an end of 21 in Fig. 3) of the sealing cover (Hamano – 21, 22, and 23 in Fig. 3) directly connected to the edge of the cold sink (Hamano – 21 in relation to edge of 31 in Fig. 3) and another end of the sealing cover (Hamano – an end of 22 in Fig. 3) is directly connected to the edge of the heat sink (Hamano – 22 in relation to edge of 32 in Fig. 3), wherein the sealing cover (Hamano - [0051] – 21, 22, and 23 in Fig. 3) surrounds edges of the first and second thermoelectric elements (Venkatasubramanian – 3 and 4 in Fig. 1) and the heat transfer block (Yamazaki - [0026] lines 225 and 226 disclose thermal conductor M; M in Figures 8-10).
With regard to the limitations “cold sink,” “heat sink,” “heat generation,” “heat absorption,” “heat dissipation,” and “to release heat transferred from the cold sink to an outside of the second thermoelectric element”, the limitations are directed to the manner in which the apparatus is intended to be used, and it is noted that a recitation directed to the manner in which a claimed apparatus is intended to be used does not distinguish the claimed apparatus from the prior art, if the prior art has the capability to so perform. See MPEP 2111.02, 2112.01 and 2114-2115.
Regarding claim 4, modified Hamano discloses all the claim limitations as set forth above. Modified Hamano further discloses the heat transfer block comprises an aluminum metal block (Yamazaki – [0026] lines 225 and 226).
Regarding claim 5, modified Hamano discloses all the claim limitations as set forth above.
With regard to the limitation “wherein any one voltage of a high voltage, a medium voltage lower than the high voltage, and a low voltage lower than the medium voltage is applied to the first thermoelectric element and the second thermoelectric element, and the voltage applied to the first thermoelectric element and the voltage applied to the second thermoelectric element are different voltages”, the limitation is directed to the manner in which the apparatus is intended to be used, and it is noted that a recitation directed to the manner in which a claimed apparatus is intended to be used does not distinguish the claimed apparatus from the prior art, if the prior art has the capability to so perform. See MPEP 2111.02, 2112.01 and 2114-2115.
Regarding claim 6, modified Hamano discloses all the claim limitations as set forth above.
With regard to the limitation “wherein the voltage applied to the second thermoelectric element is greater than the voltage applied to the first thermoelectric element”, the limitation is directed to the manner in which the apparatus is intended to be used, and it is noted that a recitation directed to the manner in which a claimed apparatus is intended to be used does not distinguish the claimed apparatus from the prior art, if the prior art has the capability to so perform. See MPEP 2111.02, 2112.01 and 2114-2115.
Regarding claim 7, modified Hamano discloses all the claim limitations as set forth above.
With regard to the limitation “wherein when the voltage applied to the second thermoelectric is the high voltage, the voltage applied to the first thermoelectric element is the medium voltage or the low voltage”, the limitation is directed to the manner in which the apparatus is intended to be used, and it is noted that a recitation directed to the manner in which a claimed apparatus is intended to be used does not distinguish the claimed apparatus from the prior art, if the prior art has the capability to so perform. See MPEP 2111.02, 2112.01 and 2114-2115.
Regarding claim 8, modified Hamano discloses all the claim limitations as set forth above.
With regard to the limitation “wherein a temperature difference between the heat absorption surface and the heat generation surface of the first thermoelectric element is set to be the same as a temperature difference between the heat absorption surface and the heat generation surface of the second thermoelectric element”, the limitation is directed to the manner in which the apparatus is intended to be used, and it is noted that a recitation directed to the manner in which a claimed apparatus is intended to be used does not distinguish the claimed apparatus from the prior art, if the prior art has the capability to so perform. See MPEP 2111.02, 2112.01 and 2114-2115.
Regarding claim 9, modified Hamano discloses all the claim limitations as set forth above. Modified Hamano further discloses the sealing cover (Hamano - [0051]; 21, 22, and 23 in Fig. 3) is connected to an edge of the plate portion of the cold sink ([0071] L3 – first heat transfer layer 31; it is noted that the limitation “connected” does not require direct physical contact or the absence of intermediate components) such that the plurality of heat exchange fins is exposed outside the sealing cover (Korea Machine & Materials – 30 in relation to 25 in Fig. 9).
It is noted that if modified Hamano does not explicitly disclose the plurality of heat exchange fins is exposed outside the sealing cover, it would have been obvious to one of ordinary skill in the art at the time the invention was filed to form the plurality of heat exchange fins such that the plurality of heat exchange fins are exposed outside the sealing cover, because Korea Machine & Materials discloses the plurality of heat exchange fins exposed outside a sealing cover (30 in relation to 25 in Fig. 9), and based on the teaching of Korea Machine & Materials, the configuration amounts to the use of a known arrangement in the art, and one skilled in the art would have a reasonable expectation of success when forming the plurality of heat exchange fins of modified Hamano such that the plurality of exchange fins are exposed outside the sealing cover based on the teaching of Korea Machine & Materials.
Regarding claim 12, modified Hamano discloses all the claim limitations as set forth above. Modified Hamano further discloses the sealing cover includes an inner surface spaced apart from an edge of the heat transfer block (Hamano - [0051] – 21, 22, and 23 in Fig. 3) includes an inner surface spaced apart from an edge of the heat transfer block (Hamano – 22a in Fig. 3 is between inner surface of 21, 22, and 23 in Fig. 3 and the top and bottom surfaces of 11 in Fig. 3). It is noted that if modified Hamano does not disclose the sealing cover includes an inner surface spaced apart from an edge of the heat transfer block, it would have been obvious to one skilled in the art at the time the invention was filed to form the sealing cover such that an inner surface of the sealing cover is spaced apart from an edge of the heat transfer block because such a modification amounts to a matter of design choice and it has been held that rearranging parts of an invention involves only routine skill in the art while the device having the claimed dimensions would not perform differently than the prior art device, In re Japikse, 86 USPQ 70.
Regarding claim 18, Hamono discloses a thermoelectric module ([0039]) comprising: a cold sink including a plate portion ([0071] L3 – first heat transfer layer 31); a first thermoelectric element ([0039] L5 – thermoelectric element 11) of which a heat absorption surface is coupled to the cold sink (bottom of 11 in Fig. 3); a heat sink including a plate portion ([0071] L6 – second heat transfer layer 32).
While Hamano does disclose a thermoelectric conversion module used for cooling ([0061]), Hamano does not explicitly disclose a second thermoelectric element disposed between a heat generation surface of the first thermoelectric element and the heat sink, a heat generation surface of the second thermoelectric element being coupled to the plate portion of the heat sink to release heat transferred from the cold sink to an outside of the second thermoelectric element.
Venkatasubramanian discloses a thermoelectric cooler and further discloses a first thermoelectric element (3 in Fig. 1) of which a heat absorption surface is coupled to a cold sink (top surface of uppermost 9 in Fig. 1; [0029]); a second thermoelectric element (4 in Fig. 1) disposed between a heat generation surface of the first thermoelectric element (bottom surface of uppermost 10 in Fig. 1) and a heat sink (located below lowermost 10 in Fig. 1; [0029]).
It would have been obvious to one of ordinary skill in the art at the time the invention was filed to use a multi-stage configuration, as disclosed by Venkatasubramanian, comprising first and second thermoelectric elements, in place of the single stage configuration of Hamano, because as taught by Venkatasubramanian, the configuration allows for cooling from near room temperature to cryogenic temperatures ([0019]).
Additionally, as evidenced by Venkatasubramanian, the use of a multi-stage configuration instead of a single stage configuration in a thermoelectric cooler, amounts to the use of a known configuration in the art in place of another, and one of ordinary skill would have a reasonable expectation of success when using a multi-stage configuration in the thermoelectric cooler of Hamano based on the teaching of Venkatasubramanian.
Modified Hamano discloses a cold sink including a plate portion (Hamano - [0071] L3 – first heat transfer layer 31); a first thermoelectric element (Venkatasubramanian – 3 in Fig. 1) of which a heat absorption surface (Venkatasubramanian - top surface of uppermost 9 in Fig. 1; [0029]) is coupled to the cold sink (Hamano - [0071] L3 – first heat transfer layer 31; it is noted that the limitation “coupled to” does not require direct physical contact or the absence of intermediate components); a heat sink including a plate portion (Hamano - [0071] L6 – second heat transfer layer 32); a second thermoelectric element (Venkatasubramanian – 4 in Fig. 1) disposed between a heat generation surface of the first thermoelectric element (Venkatasubramanian - bottom surface of uppermost 10 in Fig. 1) and the heat sink (Hamano - [0071] L6 – second heat transfer layer 32), a heat generation surface of the second thermoelectric element (Venkatasubramanian - bottom surface of 10 of thermoelectric element 4 in Fig. 1) being coupled to the plate portion of the heat sink (Hamano - [0071] L6 – second heat transfer layer 32).
Modified Hamano does not explicitly disclose a heat transfer block interposed between the heat generation surface of the first thermoelectric element and a heat absorption surface of the second thermoelectric element such that the heat transfer block is configured to function as a type of heat transfer path formed between the heat generation surface of the first thermoelectric element and the heat absorption surface of the second thermoelectric element.
Yamazaki discloses a cascade type (multi-stage) thermoelectric converter ([0001]) and further discloses a heat transfer block interposed between the surfaces of adjacent thermoelectric elements ([0026] lines 225 and 226 disclose thermal conductor M; M in Figures 8-10) such that the heat transfer block is configured to function as a type of heat transfer path formed between the surfaces of the respective thermoelectric elements ([0026] line 226).
It would have been obvious to one of ordinary skill in the art at the time the invention was filed to include a heat transfer block, as disclosed by Yamazaki, between the heat generation surface of the first thermoelectric element and a heat absorption surface of the second thermoelectric element in modified Hamano, because as taught by Yamazaki, heat transfer occurs from the higher temperature thermoelectric module in contact with the thermal conductor to the lower temperature thermoelectric module ([0015] lines 136-138).
Additionally, as evidenced by Yamazaki, the inclusion of a heat transfer member between the surfaces of adjacent thermoelectric elements in a multi-stage thermoelectric converter amounts to the use of a known component in the art for its intended purpose to achieve an expected result, and one of ordinary skill would have a reasonable expectation of success when including a heat transfer member between the heat generation surface of the first thermoelectric element and the heat absorption surface of the second thermoelectric element of modified Hamano based on the teaching of Yamazaki.
Modified Hamano further discloses a sealing cover (Hamano – 21, 22, and 23 in Fig. 3) directly connected an edge of the plate portion of the cold sink (Hamano – 21 in relation to an edge of 31 in Fig. 3) and an edge of the heat sink (Hamano - [0051]; 22 in relation to an edge of 32 in Fig. 3), to seal the first and second thermoelectric element (Venkatasubramanian - 3 and 4 in Fig. 1) and prevent a foreign substance from being introduced (Hamano - [0051] L12) into the first and second thermoelectric element (Venkatasubramanian - 3 and 4 in Fig. 1).
Modified Hamano does not explicitly disclose the cold sink including a plurality of heat exchange fins exposed outside the sealing cover.
Korea Machine & Materials discloses a thermoelectric module (abstract) and further discloses a cold sink comprising a plurality of heat exchange fins (30 in Fig. 9) exposed outside a sealing cover (25 in Fig. 9).
It would have been obvious to one of ordinary skill in the art at the time the invention was filed to include a plurality of heat exchange fins, as disclosed by Korea Machine & Materials, in the cold sink of modified Hamano, because as evidenced by Korea Machine & Materials, the use of heat exchange fins in a cold sink of a thermoelectric module amounts to the use of a known component in the art for its intended purpose to achieve an expected result, and one of ordinary skill would have a reasonable expectation of success when including heat exchange fins in the cold sink of the thermoelectric module of modified Hamano based on the teaching of Korea Machine & Materials.
It is noted that if modified Hamano does not explicitly disclose the plurality of heat exchange fins is exposed outside the sealing cover, it would have been obvious to one of ordinary skill in the art at the time the invention was filed to form the plurality of heat exchange fins such that the plurality of heat exchange fins are exposed outside the sealing cover, because Korea Machine & Materials discloses the plurality of heat exchange fins exposed outside a sealing cover (30 in relation to 25 in Fig. 9), and based on the teaching of Korea Machine & Materials, the configuration amounts to the use of a known arrangement in the art, and one skilled in the art would have a reasonable expectation of success when forming the plurality of heat exchange fins of modified Hamano such that the plurality of exchange fins are exposed outside the sealing cover based on the teaching of Korea Machine & Materials.
Modified Hamono discloses one end (Hamano – an end of 21 in Fig. 3) of the sealing cover (Hamano – 21, 22, and 23 in Fig. 3) is directly connected to the edge of the cold sink (Hamano – an end of 21 in relation to an edge of 31 in Fig. 3) and another end (Hamano – an end of 22 in Fig. 3) of the sealing cover (Hamano – 21, 22, and 23 in Fig. 3) is directly connected to the edge of the heat sink (Hamano – an end of 22 in relation to an edge of 32 in Fig. 3), wherein the sealing cover (Hamano - [0051] – 21, 22, and 23 in Fig. 3) surrounds edges of the first and second thermoelectric elements (Venkatasubramanian – 3 and 4 in Fig. 1) and the heat transfer block (Yamazaki - [0026] lines 225 and 226 disclose thermal conductor M; M in Figures 8-10).
With regard to the limitations “cold sink,” “heat sink,” “heat generation,” and “heat absorption,” and “to release heat transferred from the cold sink to an outside of the second thermoelectric element”, the limitations are directed to the manner in which the apparatus is intended to be used, and it is noted that a recitation directed to the manner in which a claimed apparatus is intended to be used does not distinguish the claimed apparatus from the prior art, if the prior art has the capability to so perform. See MPEP 2111.02, 2112.01 and 2114-2115.
Regarding claim 19, modified Hamano discloses all the claim limitations as set forth above. Modified Hamano further discloses the sealing cover (Hamano - [0051] – 21, 22, and 23 in Fig. 3) includes an inner surface spaced apart from an edge of the heat transfer block (Hamano – 22a in Fig. 3 is between inner surface of 21, 22, and 23 in Fig. 3 and the top and bottom surfaces of 11 in Fig. 3). It is noted that if modified Hamano does not disclose the sealing cover includes an inner surface spaced apart from an edge of the heat transfer block, it would have been obvious to one skilled in the art at the time the invention was filed to form the sealing cover such that an inner surface of the sealing cover is spaced apart from an edge of the heat transfer block because such a modification amounts to a matter of design choice and it has been held that rearranging parts of an invention involves only routine skill in the art while the device having the claimed dimensions would not perform differently than the prior art device, In re Japikse, 86 USPQ 70.
Regarding claim 20, modified Hamano discloses all the claim limitations as set forth above.
While modified Hamano does disclose the members used for layers 31 and 32 may be the same or different (Hamano – [0072]), and further discloses the combination of members used for layers 31 and 32 can be determined as appropriate (Hamano – [0072]); modified Hamano does not explicitly disclose a size of the heat sink is greater than a size of the cold sink.
It would have been obvious to one of ordinary skill in the art at the time the invention was filed to form the heat sink of modified Hamano such that a size of the heat sink is greater than a size of the cold sink, because as taught by Hamano, the members used for layers 31 and 32 may be the same or different (Hamano – [0072]), and further discloses the combination of members used for layers 31 and 32 can be determined as appropriate (Hamano – [0072]). Such a modification would have involved a mere change in the size (or dimension) of a component. A change in size (dimension) is generally recognized as being within the level of ordinary skill in the art. In re Rose, 220 F.2d 459, 105 USPQ 237 (CCPA 1955). Where the only difference between the prior art and the claims is a recitation of relative dimensions of the claimed device, and the device having the claimed dimensions would not perform differently than the prior art device, the claimed device is not patentably distinct from the prior art device, Gardner v. TEC Systems, Inc., 725 F.2d 1338, 220 USPQ 777 (Fed. Cir. 1984), cert. denied, 469 U.S. 830, 225 USPQ 232 (1984).
Claims 2-3, 11, and 13 are rejected under 35 U.S.C. 103 as being unpatentable over Hamano et al. (US 2019/0081226) in view of Venkatasubramanian (US 2001/0052234) further in view of Yamazaki (JP 2005045183 – see attached machine translation) further in view of Korea Machine & Materials (KR 101519071 – cited on 08/30/2021 IDS) as applied to claim 1 above, and further in view of Shimada et al. (US 2002/0162338).
Regarding claim 2, modified Hamano discloses all the claim limitations as set forth above.
While modified Hamano does disclose the method of forming the electrodes 14 on the substrates 12 and 13 is not limited to a specific method and can be appropriately selected from known methods (Hamano - [0043]), modified Hamano does not explicitly disclose the semiconductor element portion is soldered on the respective first and second heat dissipation sheets.
Shimada discloses a thermoelectric module and further discloses the semiconductor element portion ([0033] L2) is soldered ([0033] L7-8) on the heat dissipation sheet ([0033] L4 – metal substrate).
It would have been obvious to one of ordinary skill in the art at the time the invention was filed to solder the semiconductor element portion to the heat dissipation sheet, as disclosed by Shimada, in the thermoelectric module of modified Hamano, because as evidenced by Shimada, the use of solder to connect a semiconductor element portion to a heat dissipation plate in a thermoelectric module amounts to the use of a known method of connection in the art, and one of ordinary skill in the art would have a reasonable expectation of success when using solder to connect the semiconductor element portion of modified Hamano to the respective heat dissipation plate based on the teaching of Shimada.
It is noted that the interpretation of the limitation “the semiconductor element portion is soldered on the respective first and second heat dissipation sheets” is interpreted in a manner consistent with the description of paragraph [00325] of the as-filed specification.
Regarding claim 3, modified Hamano discloses all the claim limitations as set forth above.
While modified Hamano does disclose the second thermoelectric element includes a semiconductor element portion comprising a P-type and N-type semiconductor (Venkatasubramanian – [0029]), modified Hamano does not explicitly disclose the second thermoelectric element includes a heat absorption side electrode portion disposed at one end of the semiconductor element portion; a heat generation side electrode portion disposed at an other end of the semiconductor element portion; a third heat dissipation sheet disposed between a second surface of the heat transfer block and the heat absorption side electrode portion; and a fourth heat dissipation sheet disposed between the heat generation side electrode portion and the heat sink, wherein each of the third and fourth heat dissipation sheets of the second thermoelectric element includes a metal sheet having a strength greater than that of the ceramic.
Hamano discloses a stage of a thermoelectric module (Figure 3) and further discloses the stage includes a heat absorption-side electrode portion disposed at one end of the semiconductor element portion (Hamano - [0041]; 14 on upper surface of 12 in Fig. 3); a heat generation side electrode portion disposed at an other end of the semiconductor element portion (Hamano - [0041]; 14 on lower surface of 13 in Fig. 3); a first heat dissipation sheet disposed between the plate portion of the cold sink and the heat absorption side electrode portion (Hamano - [0039] L3 - substrate 12); wherein each of the first and second heat dissipation sheets includes a metal sheet ([0042] L5) having strength greater than that of a ceramic ([0042] L5 discloses a metal material).
It would have been obvious to one of ordinary skill in the art at the time the invention was filed to form the stage of the second thermoelectric element of modified Hamano (denoted as 4 in Fig. 1 of Venkatasubramanian) such that the stage of the second thermoelectric element of modified Hamano includes the components disclosed in Figure 3 of Hamano, because as evidenced by Hamano, the use of electrode portions and heat dissipation sheets in a stage of a thermoelectric element of a thermoelectric converter amounts to the use of known components in the art for their intended purpose to achieve an expected result, and one of ordinary skill in the art would have a reasonable expectation of success when including electrode portions and heat dissipation sheets in the second thermoelectric element of modified Hamano based on the teaching of Figure 3 of Hamano.
Additionally, with regard to using the components disclosed in the stage of the thermoelectric element of Figure 3 of Hamano in each of the stages of the multi-stage thermoelectric converter of modified Hamano, it is noted that mere duplication of parts has no patentable significance unless a new and unexpected result is produced. In re Harza, 124 USPQ 378, 380 (CCPA 1960). Further, it has been held that mere duplication of the essential working parts of a device involves only routine skill in the art. St. Regis Paper Co. v. Bemis Co., 193 USPQ 8.
Modified Hamano discloses and a third heat dissipation sheet (Hamano - [0039] L4; substrate 13) disposed between a second surface of the heat transfer block (Yamazaki – opposing surface of M in Figures 8-10) and the heat absorption side electrode portion (Hamano - [0041]; 14 on upper surface of 12 in Fig. 3).
Regarding claim 10, modified Hamano discloses all the claim limitations as set forth above. Modified Hamano further discloses a length of the heat transfer block (Yamazaki - M in Figures 8-10 in relation to the electrode portions of the thermoelectric elements as depicted) is greater than that of the electrode portions of each of the thermoelectric elements (electrode portions of each thermoelectric element as depicted in Figures 8-10 of Yamazaki).
Regarding claim 11, modified Hamano discloses all the claim limitations as set forth above. Modified Hamano further discloses a thickness of the heat transfer block is greater than that of the electrode portions of each of the thermoelectric elements (Yamazaki - M in Figures 8-10 in relation to the electrode portions of the thermoelectric elements as depicted).
Regarding claim 13, modified Hamano discloses all the claim limitations as set forth above.
While modified Hamano does disclose the members used for layers 31 and 32 may be the same or different (Hamano – [0072]), and further discloses the combination of members used for layers 31 and 32 can be determined as appropriate (Hamano – [0072]); modified Hamano does not explicitly disclose a size of the heat sink is greater than a size of the cold sink.
It would have been obvious to one of ordinary skill in the art at the time the invention was filed to form the heat sink of modified Hamano such that a size of the heat sink is greater than a size of the cold sink, because as taught by Hamano, the members used for layers 31 and 32 may be the same or different (Hamano – [0072]), and further discloses the combination of members used for layers 31 and 32 can be determined as appropriate (Hamano – [0072]). Such a modification would have involved a mere change in the size (or dimension) of a component. A change in size (dimension) is generally recognized as being within the level of ordinary skill in the art. In re Rose, 220 F.2d 459, 105 USPQ 237 (CCPA 1955). Where the only difference between the prior art and the claims is a recitation of relative dimensions of the claimed device, and the device having the claimed dimensions would not perform differently than the prior art device, the claimed device is not patentably distinct from the prior art device, Gardner v. TEC Systems, Inc., 725 F.2d 1338, 220 USPQ 777 (Fed. Cir. 1984), cert. denied, 469 U.S. 830, 225 USPQ 232 (1984).
Claims 14-17 are rejected under 35 U.S.C. 103 as being unpatentable over Hamano et al. (US 2019/0081226) in view of Venkatasubramanian (US 2001/0052234) and further in view of Yamazaki (JP 2005045183 – see attached machine translation).
Regarding claim 14, Hamono discloses a thermoelectric module ([0039]) comprising: a cold sink including a plate portion ([0071] L3 – first heat transfer layer 31); a first thermoelectric element ([0039] L5 – thermoelectric element 11) of which a heat absorption surface is coupled to the cold sink (bottom of 11 in Fig. 3); a heat sink including a plate portion ([0071] L6 – second heat transfer layer 32).
While Hamano does disclose a thermoelectric conversion module used for cooling ([0061]), Hamano does not explicitly disclose a second thermoelectric element disposed between a heat generation surface of the first thermoelectric element and the heat sink, a heat generation surface of the second thermoelectric element being coupled to the plate portion of the heat sink to release heat transferred from the cold sink to an outside of the second thermoelectric element.
Venkatasubramanian discloses a thermoelectric cooler and further discloses a first thermoelectric element (3 in Fig. 1) of which a heat absorption surface is coupled to a cold sink (top surface of uppermost 9 in Fig. 1; [0029]); a second thermoelectric element (4 in Fig. 1) disposed between a heat generation surface of the first thermoelectric element (bottom surface of uppermost 10 in Fig. 1) and a heat sink (located below lowermost 10 in Fig. 1; [0029]).
It would have been obvious to one of ordinary skill in the art at the time the invention was filed to use a multi-stage configuration, as disclosed by Venkatasubramanian, comprising first and second thermoelectric elements, in place of the single stage configuration of Hamano, because as taught by Venkatasubramanian, the configuration allows for cooling from near room temperature to cryogenic temperatures ([0019]).
Additionally, as evidenced by Venkatasubramanian, the use of a multi-stage configuration instead of a single stage configuration in a thermoelectric cooler, amounts to the use of a known configuration in the art in place of another, and one of ordinary skill would have a reasonable expectation of success when using a multi-stage configuration in the thermoelectric cooler of Hamano based on the teaching of Venkatasubramanian.
Modified Hamano discloses a cold sink including a plate portion (Hamano - [0071] L3 – first heat transfer layer 31); a first thermoelectric element (Venkatasubramanian – 3 in Fig. 1) of which a heat absorption surface (Venkatasubramanian - top surface of uppermost 9 in Fig. 1; [0029]) is coupled to the cold sink (Hamano - [0071] L3 – first heat transfer layer 31; it is noted that the limitation “coupled to” does not require direct physical contact or the absence of intermediate components); a heat sink including a plate portion (Hamano - [0071] L6 – second heat transfer layer 32); a second thermoelectric element (Venkatasubramanian – 4 in Fig. 1) disposed between a heat generation surface of the first thermoelectric element (Venkatasubramanian - bottom surface of uppermost 10 in Fig. 1) and the heat sink (Hamano - [0071] L6 – second heat transfer layer 32), a heat generation surface of the second thermoelectric element (Venkatasubramanian - bottom surface of 10 of thermoelectric element 4 in Fig. 1) being coupled to the plate portion of the heat sink (Hamano - [0071] L6 – second heat transfer layer 32).
Modified Hamano does not explicitly disclose a heat transfer block interposed between the heat generation surface of the first thermoelectric element and a heat absorption surface of the second thermoelectric element such that the heat transfer block is configured to function as a type of heat transfer path formed between the heat generation surface of the first thermoelectric element and the heat absorption surface of the second thermoelectric element.
Yamazaki discloses a cascade type (multi-stage) thermoelectric converter ([0001]) and further discloses a heat transfer block interposed between the surfaces of adjacent thermoelectric elements ([0026] lines 225 and 226 disclose thermal conductor M; M in Figures 8-10) such that the heat transfer block is configured to function as a type of heat transfer path formed between the surfaces of the respective thermoelectric elements ([0026] line 226).
It would have been obvious to one of ordinary skill in the art at the time the invention was filed to include a heat transfer block, as disclosed by Yamazaki, between the heat generation surface of the first thermoelectric element and a heat absorption surface of the second thermoelectric element in modified Hamano, because as taught by Yamazaki, heat transfer occurs from the higher temperature thermoelectric module in contact with the thermal conductor to the lower temperature thermoelectric module ([0015] lines 136-138).
Additionally, as evidenced by Yamazaki, the inclusion of a heat transfer member between the surfaces of adjacent thermoelectric elements in a multi-stage thermoelectric converter amounts to the use of a known component in the art for its intended purpose to achieve an expected result, and one of ordinary skill would have a reasonable expectation of success when including a heat transfer member between the heat generation surface of the first thermoelectric element and the heat absorption surface of the second thermoelectric element of modified Hamano based on the teaching of Yamazaki.
Modified Hamano further discloses a first heater transfer block (Hamano - [0039] L3 - substrate 12; [0042]; one of the layers of the disclosed multilayer structure of the substrate satisfies the limitation requiring a first heater transfer block) interposed between the plate portion of the cold sink (Hamano - [0071] L3 – first heat transfer layer 31) and the heat absorption surface of the first thermoelectric element (Hamano - [0039] L3 - substrate 12; Venkatasubramanian - top surface of uppermost 9 in Fig. 1; [0029]); a second heater transfer block (Hamano - [0039] L4; substrate 13; [0042]; one of the layers of the disclosed multilayer structure of the substrate satisfies the limitation requiring a second heater transfer block) interposed between the plate portion of the heat sink (Hamano - [0071] L6 – second heat transfer layer 32) and the heat generation surface of the second thermoelectric element (Hamano - [0039] L4; substrate 13; Venkatasubramanian - bottom surface of uppermost 10 in Fig. 1); and a sealing cover (Hamano – 21, 22, and 23 in Fig. 3) directly connected to an edge of the plate portion of the cold sink (Hamano – 21 in relation to an edge of 31 in Fig. 3) and an edge of the heat sink (Hamano - [0051]; 22 in relation to an edge of 32 in Fig. 3), to seal the first and second thermoelectric element (Venkatasubramanian - 3 and 4 in Fig. 1) and prevent a foreign substance from being introduced (Hamano - [0051] L12) into the first and second thermoelectric element (Venkatasubramanian - 3 and 4 in Fig. 1).
Modified Hamano further discloses one end (Hamano – an end of 21 in Fig. 3) of the sealing cover (Hamano – 21, 22, and 23 in Fig. 3) is directly connected to the edge of the cold sink (Hamano- an end of 21 in relation to an edge of 31 in Fig. 3) and another end of the sealing cover (Hamano – an end of 22 in Fig. 3) is directly connected to the edge of the heat sink (Hamano – an end of 22 in relation to an edge of 32), wherein the sealing cover (Hamano - [0051] – 21, 22, and 23 in Fig. 3) surrounds edges of the first and second thermoelectric elements (Venkatasubramanian – 3 and 4 in Fig. 1), the heat transfer block (Yamazaki - [0026] lines 225 and 226 disclose thermal conductor M; M in Figures 8-10), the first heater transfer block and the second heater transfer block (Hamano - [0039] L3-4 - substrates 12 and 13).
With regard to the limitations “cold sink,” “heat sink,” “heat generation,” “heat absorption,” and “to release heat transferred from the cold sink to an outside of the second thermoelectric element”, the limitations are directed to the manner in which the apparatus is intended to be used, and it is noted that a recitation directed to the manner in which a claimed apparatus is intended to be used does not distinguish the claimed apparatus from the prior art, if the prior art has the capability to so perform. See MPEP 2111.02, 2112.01 and 2114-2115.
Regarding claim 15, modified Hamano discloses all the claim limitations as set forth above. Modified Hamano further discloses the first thermoelectric element comprises: a first heat dissipation sheet (Hamano – [0042]; one of the layers of the disclosed multilayer structure of the substrate satisfies the limitation requiring a first heat dissipation sheet) disposed between the first heater transfer block (Hamano – [0042]; another one of the layers of the disclosed multilayer structure of the substrate satisfies the limitation requiring a first heater transfer block) and a heat absorption-side electrode portion of the first thermoelectric element (Hamano - [0041]; 14 on upper surface of 12 in Fig. 3); and a second heat dissipation sheet (Hamano - [0042]; one of the layers of the disclosed multilayer structure of the substrate satisfies the limitation requiring a second heat dissipation sheet) disposed between a first surface of the heat transfer block (Yamazaki – surface of M in Figures 8-10) and a heat generation-side electrode portion of the first thermoelectric element (Hamano - [0041]; 14 on lower surface of 13 in Fig. 3), wherein the first heater transfer block (Hamano – [0042]; one of the layers of the disclosed multilayer structure of the substrate) is interposed between the plate portion of the cold sink (Hamano - [0071] L3 – first heat transfer layer 31) and the first heat dissipation sheet (Hamano – [0042]; one of the layers of the disclosed multilayer structure of the substrate satisfies the limitation requiring a first heat dissipation sheet).
Regarding claim 16, modified Hamano discloses all the claim limitations as set forth above. Modified Hamano further discloses the second thermoelectric element includes: a third heat dissipation sheet (Hamano - [0039] L4; substrate 13; [0042]; one of the layers of the disclosed multilayer structure of the substrate satisfies the limitation requiring a third heat dissipation sheet) disposed between a second surface of the heat transfer block (Yamazaki – opposing surface of M in Figures 8-10) and a heat-absorption side electrode portion of the second thermoelectric element (Hamano - [0041]; 14 on upper surface of 12 in Fig. 3); a fourth heat dissipation sheet (Hamano – [0042]; one of the layers of the disclosed multilayer structure of the substrate satisfies the limitation requiring a fourth heat dissipation sheet) disposed between a heat generation-side electrode portion of the second thermoelectric element (Hamano - [0041]; 14 on lower surface of 13 in Fig. 3) and the second heater transfer block (Hamano - [0039] L4; substrate 13; [0042]; one of the layers of the disclosed multilayer structure of the substrate satisfies the limitation requiring a second heater transfer block), wherein the second heater transfer block (Hamano - [0039] L4; substrate 13; [0042]; one of the layers of the disclosed multilayer structure of the substrate satisfies the limitation requiring a second heater transfer block) is interposed between the plate portion of the heat sink (Hamano - [0071] L6 – second heat transfer layer 32) and the fourth heat dissipation sheet (Hamano – [0042]; one of the layers of the disclosed multilayer structure of the substrate satisfies the limitation requiring a fourth heat dissipation sheet).
Regarding claim 17, modified Hamano discloses all the claim limitations as set forth above. Modified Hamano further discloses the sealing cover (Hamano - [0051] – 21, 22, and 23 in Fig. 3) includes an inner surface spaced apart from edges of the heat transfer block, the first heat transfer block and the second heat transfer block (Hamano – 22a in Fig. 3 is between inner surface of 21, 22, and 23 in Fig. 3 and the top and bottom surfaces of 11, 12, and 13 in Fig. 3). It is noted that if modified Hamano does not disclose the sealing cover includes an inner surface spaced apart from edges of the heat transfer block, the first heater transfer block and the second heater transfer block, it would have been obvious to one skilled in the art at the time the invention was filed to form the sealing cover such that an inner surface of the sealing cover is spaced apart from edges of the heat transfer block, the first heater transfer block and the second heater transfer block because such a modification amounts to a matter of design choice and it has been held that rearranging parts of an invention involves only routine skill in the art while the device having the claimed dimensions would not perform differently than the prior art device, In re Japikse, 86 USPQ 70.
Response to Arguments
Applicant's arguments filed 04/08/2026 have been fully considered but they are not persuasive. Specifically, Applicant argues that Hamano does not disclose or suggest that one end of the sealing cover is directly connected to the edge of the cold sink and another end of the sealing cover is directly connected to the edge of the heat sink as recited in claims 1, 14 and 18. In response to Applicant’s argument, while the as-filed specification does describe a sealing cover connecting a cold sink and a heat sink by an adhesive directly connected to one end of the sealing cover and directly connected to the cold sink, and an adhesive directly connected to another end of the sealing cover and directly connected to the heat sink (Figures 8 and 9 depict sealing cover 26 connecting 22 and 24 by a layer of adhesive 261 directly connected to one end of 26, and the layer of adhesive 261 directly connected to 22, and another layer of adhesive 261 directly connected to another end of 26, and the another layer of adhesive 261 directly connected to 24); the as-filed specification does not describe the limitations “a sealing cover directly connected to an edge of the cold sink and an edge of the heat sink,” “wherein one end of the sealing cover is directly connected to the edge of the cold sink and another end of the sealing cover is directly connected to the edge of the heat sink,” “a sealing cover directly connected to an edge of the plate portion of the cold sink and an edge of the heat sink,” “wherein one end of the sealing cover is directly connected to the edge of the cold sink and another end of the sealing cover is directly connected to the edge of the heat sink,” “a sealing cover directly connected to an edge of the plate portion of the cold sink and an edge of the heat sink,” and “wherein one end of the sealing cover is directed connected to the edge of the cold sink and another end of the sealing cover is directly connected to the edge of the heat sink,” as set forth in the 35 USC § 112(a) rejections above.
Additionally, the limitations are satisfied in modified Hamano as set forth in the
office action. Specifically, modified Hamano further discloses a sealing cover (Hamano – 21, 22, and 23 in Fig. 3) directly connected to an edge of the cold sink (Hamano – 21 in relation to an edge of 31 in Fig. 3) and an edge of the heat sink (Hamano - [0051]; 22 in relation to an edge of 32 in Fig. 3).
It is further noted that even claims 1, 14, and 18 did require a sealing cover connecting a cold sink and a heat sink by an adhesive directly connected to one end of the sealing cover and directly connected to the cold sink, and an adhesive directly connected to another end of the sealing cover and directly connected to the heat sink, as depicted in Figures 8 and 9 of the as-filed specification, it would have been obvious to one of ordinary skill in the art at the time the invention was filed to rearrange the placement of the adhesive in modified Hamano such that the sealing cover is connected to the cold sink and the heat sink by an adhesive directly connected to one end of the sealing cover and directly connected to the cold sink, and an adhesive directly connected to another end of the sealing cover and directly connected to the heat sink, because such a modification amounts to the rearrangement of parts of an invention, and it has been held that rearranging parts of an invention involves only routine skill in the art while the device having the claimed dimensions would not perform differently than the prior art device, In re Japikse, 86 USPQ 70 and since it has been held that a mere reversal of the essential working parts of a device involves only routine skill in the art, In re Einstein, 8 USPQ 167.
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.
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/TAMIR AYAD/Primary Examiner, Art Unit 1726
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