Ex Parte FedorovDownload PDFPatent Trial and Appeal BoardSep 15, 201712331579 (P.T.A.B. Sep. 15, 2017) Copy Citation 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- 2 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 3 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 4 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. 5 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 6 Copy with citationCopy as parenthetical citation