Ex Parte Fedorov

Patent Trial and Appeal Board

Sep 15, 2017

12331579 (P.T.A.B. Sep. 15, 2017)

United States Patent and Trademark Office
UNITED STATES DEPARTMENT OF COMMERCE
United States Patent and Trademark Office
Address: COMMISSIONER FOR PATENTS
P.O.Box 1450
Alexandria, Virginia 22313-1450
www.uspto.gov
APPLICATION NO. FILING DATE FIRST NAMED INVENTOR ATTORNEY DOCKET NO. CONFIRMATION NO.
12/331,579 12/10/2008 Andrei G. Fedorov 62012-1530 2855
24504 7590 09/19/2017
THOMAS I HORSTEMEYER, LLP
3200 WINDY HILL ROAD, SE
SUITE 1600E
ATLANTA, GA 30339
EXAMINER
RUBY, TRAVIS C
ART UNIT PAPER NUMBER
3744
NOTIFICATION DATE DELIVERY MODE
09/19/2017 ELECTRONIC
Please find below and/or attached an Office communication concerning this application or proceeding.
The time period for reply, if any, is set in the attached communication.
Notice of the Office communication was sent electronically on above-indicated "Notification Date" to the
following e-mail address(es):
uspatents @ tkhr.com
ozzie. liggins @ tkhr.com
docketing @ thomashorstemeyer. com
PTOL-90A (Rev. 04/07)
UNITED STATES PATENT AND TRADEMARK OFFICE
BEFORE THE PATENT TRIAL AND APPEAL BOARD
Ex parte ANDREI G. FEDOROV
Appeal 2015-000246
Application 12/331,579x
Technology Center 3700
Before ANTON W. FETTING, MICHAEL C. ASTORINO, and
ROBERT J. SILVERMAN, Administrative Patent Judges.
ASTORINO, Administrative Patent Judge.
DECISION ON APPEAL
STATEMENT OF THE CASE
The Appellant appeals under 35 U.S.C. § 134(a) from the Examiner’
decision rejecting claims 1—3, 11—14, 17—20, and 24 under 35 U.S.C.
§ 103(a) as unpatentable over Hou (US 6,889,756 Bl, iss. May 10, 2005)
and Zhou (6,994,151 B2, iss. Feb. 7, 2006). We have jurisdiction over the
appeal under 35 U.S.C. § 6(b).
We REVERSE.
1 According to the Appellant, “[t]he real party in interest of the instant
application is Georgia Tech Research Corporation.” Appeal Br. 2.
Appeal 2015-000246
Application 12/331,579
Claimed Subject Matter
Claims 1,18, and 24 are the independent claims on appeal. Claim 1,
reproduced below, is illustrative of the subject matter on appeal.
1. A thermal ground plane structure, comprising:
a phase separation structure having a vapor-filled area and a
liquid-filled area, wherein the vapor-filled area and the liquid-
filled area are separated by a semi-permeable structure, wherein
the semi-permeable structure permits a vapor to be
communicated from the vapor-filled area to the liquid-filled area
and substantially prevents a liquid from being communicated
from the liquid-filled area to the vapor-filled area;
a porous high thermal conductivity structure disposed in a
portion of the phase separation structure, wherein one side of the
porous high thermal conductivity structure is adjacent to a
thermal energy source, is in fluidic communication with a vapor-
filled area of the phase separation structure, and extends into a
portion of the liquid-filled area of the phase separation structure,
wherein the porous high thermal conductivity structure passes
through an opening in the semi-permeable structure so that the
semi-permeable structure is adjacent one or more sides of the
porous high thermal conductivity structure, wherein the porous
high thermal conductivity structure absorbs liquid through
capillary action so that liquid from the liquid-filled area is
communicated into a portion of the porous high thermal
conductivity structure that extends into the vapor-filled area; and
a heat dissipater structure disposed on an external area of the
liquid-filled area of the phase separation structure;
wherein the porous high thermal conductivity structure is
adjacent a thermal energy source so that thermal energy from the
thermal energy source is transferred to the porous high thermal
conductivity structure, wherein the porous high thermal
conductivity structure absorbs the thermal energy, wherein the
porous high thermal conductivity structure transfers the thermal
energy to the liquid in the porous high thermal conductivity
structure to form a vapor, wherein the vapor is communicated out
of the porous high thermal conductivity structure into the vapor-
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Appeal 2015-000246
Application 12/331,579
filled area, wherein the vapor is communicated through the
semipermeable structure into the liquid-filled area, wherein the
vapor condenses into the liquid, wherein thermal energy from the
condensation process is transferred to the heat dissipater
structure disposed on an external surface of the phase separation
structure.
ANALYSIS
The Appellant argues that the Examiner’s rejection of each of the
independent claims relies on impermissible hindsight. Appeal Br. 14, 22,
31. The Appellant supports this argument by asserting that the Examiner’s
rejection modifies Hou’s heat sink to correspond to “a heat dissipater
structure disposed on an external area of the liquid-filled area of the phase
separation structure,” as recited in independent claim 1, and as recited
similarly in independent claims 18 and 24. Id. at 12, 20, 29. More
specifically, the Appellant understands the Examiner’s rejection to
reposition external fins 20 to lower substrate 111 and reposition heat source
30 to upper substrate 141. Id. at 12, 20, 29. The Appellant asserts that the
result this modification is that fins 20 reduce the temperature of wick 13’s
lower evaporating section and heat source 30 increases the amount of heat in
wick 13’s upper condensing section. See id. at 13, 21, 30. The Appellant
contends that this result is inapposite of the purpose of Hou’s high efficiency
isothermal heat sink. See id. at 12—14, 20—22, 29—31.
The Examiner states that the rejection does not “modify[] any
structure within the heat pipe of Hou to teach the limitation of the liquid
filled area 141 to be in contact with the fins 20.” Ans. 4. The Examiner
acknowledges, however, that the rejection “rel[ies] upon a . . . rotational
orientation of the heat pipe to teach the claimed limitations.” Id. Stated
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Appeal 2015-000246
Application 12/331,579
differently, the Examiner’s rejection reorients Hou’s heat sink by flipping
the entire structure upside down (i.e., rotates the entire heat sink 180
degrees) so that the “top” of the heat sink — as shown Figure 3 — becomes
the “bottom” of the heat sink and the “bottom” of the heat sink — as shown
Figure 3 —becomes the “top.” See id. at 3^4.
The Examiner does not appear to acknowledge, however, some
important consequences of re-orientating Hou’s high efficiency isothermal
heat sink. At the very least, by flipping Hou’s heat sink upside down, the
design of the evaporation and condensation cycle of working fluid in the
inner chamber of Hou’s body 10 is changed. And, Hou does not disclose
how — or if— the evaporation and condensation cycle of working fluid in
the inner chamber of Hou’s body 10 would operate when turned upside
down.
Hou does disclose how its heat sink operates as positioned in Figure 3.
See Hou, col. 3,1. 65 — col. 4,1. 26. Of particular note is the design of the
evaporation and condensation cycle of working fluid in the inner chamber of
Hou’s body 10. Hot vapor is created by heat source 30 heating a working
fluid in the lower evaporating section of wick 13, which is positioned in
body 10’s lower half chamber (i.e., the area above lower substrate 111 and
below interior partition 12). See id. at col. 3,1. 65— col. 4,1. 4. In the lower
half chamber, radial ribs 113 direct the flow of vapor towards interior
partition 12’s air passages 122. See id. at col. 4,11. 4—7. The vapor passes
through passages 122 to an upper chamber (i.e., the area between upper
substrate 141 and interior partition 12). See id. at col. 4,11. 6—7. Vapor in
the upper chamber is cooled and eventually condenses to a liquid, which is
directed by grooves 143 toward wick 13’s upper condensing section where
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Appeal 2015-000246
Application 12/331,579
the liquid (i.e., working fluid) moves down wick 13 to its lower evaporating
section, in the lower half chamber, by gravity and capillary action to recycle
the working fluid. See id. at col. 4,11. 7—14.
As to the operation of Hou’s heat sink in the upside down orientation,
we first look to the relative positioning of the structures of Hou’s heat sink.
In the upside down orientation, fins 20 are below substrate 141 and heat
source 30 is above substrate 111. See Ans. 4 (the Examiner provides a
depiction of Hou’s heat sink as shown in Figure 3 turned upside down, i.e.,
180 degree rotation). The relative positions of fins 20 and heat source 30 in
the upside down orientation effects the evaporation and condensation cycle
of working fluid in the inner chamber of Hou’s body 10.
The Examiner appears to determine that reorienting Hou’s heat sink to
the upside down orientation would continue the creation of hot vapor
immediately above reoriented substrate 141. However, reoriented substrate
141 is not positioned above heat source 30, which is designed to heat the
working fluid in wick 13’s lower evaporating section produce hot vapor.
See id.', Hou, col. 3,1. 65—col. 4,1. 4. Instead, reoriented substrate 141 is
positioned above fins 20, which are used to radiate heat to the surrounding
air. See Ans. 4; Hou, col. 4,11. 16—18.
We determine that the Examiner fails to cogently explain how Hou’s
heat sink in the upside down orientation would still maintain a cycle of
evaporation in the reoriented lower chamber of body 10 and condensation in
the reoriented upper chamber of body 10. In this regard, we determine the
Examiner’s position is unpersuasive and appears to be the result of
impermissible hindsight reasoning. The Examiner’s reliance on Zhou’s
teaching does not cure this deficiency.
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Appeal 2015-000246
Application 12/331,579
Thus, we do not sustain the Examiner’s rejection of claims 1—3, 11—
14, 17—20, and 24 as unpatentable over Hou and Zhou.
DECISION
We REVERSE the Examiner’s decision rejecting claims 1—3, 11—14,
17—20, and 24.
REVERSED
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