Scott Lamson

Patent Trials and Appeals Board

Sep 26, 2019

14769802 - (D) (P.T.A.B. Sep. 26, 2019)

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.
14/769,802 08/22/2015 Scott Lamson 71177US02;
67097-2434PUS1
1058
54549 7590 09/26/2019
CARLSON, GASKEY & OLDS/PRATT & WHITNEY
400 West Maple Road
Suite 350
Birmingham, MI 48009
EXAMINER
KANG, EDWIN G
ART UNIT PAPER NUMBER
3741
NOTIFICATION DATE DELIVERY MODE
09/26/2019 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):
ptodocket@cgolaw.com
PTOL-90A (Rev. 04/07)
UNITED STATES PATENT AND TRADEMARK OFFICE
BEFORE THE PATENT TRIAL AND APPEAL BOARD
Ex parte SCOTT LAMSON
Appeal 2019-000840
Application 14/769,802
Technology Center 3700
Before JENNIFER D. BAHR, CHARLES N. GREENHUT, and
BENJAMIN D. M. WOOD, Administrative Patent Judges.
BAHR, Administrative Patent Judge.
DECISION ON APPEAL
STATEMENT OF THE CASE
Pursuant to 35 U.S.C. § 134(a), Appellant1 appeals from the
Examiner’s decision rejecting claims 1, 4, 10, 11, 16, 17, and 19, which are
all of the pending claims. We have jurisdiction under 35 U.S.C. § 6(b).
We AFFIRM.

1 We use the word “Appellant” to refer to “applicant” as defined in 37
C.F.R. § 1.42(a). Appellant identifies the real party in interest as United
Technologies Corporation. Appeal Br. 1.
Appeal 2019-000840
Application 14/769,802
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CLAIMED SUBJECT MATTER
Appellant’s invention is directed to a gas turbine engine component
including a component body defining an internal twisted micro-channel.
Spec. ¶ 4. Claims 1 and 16 are independent. Appeal Br. 7, 8 (Claims App.).
Claim 1, reproduced below, is representative of the claimed subject matter.
1. A gas turbine engine component comprising:
a component body defining an internal micro-channel
extending in a lengthwise direction along a reference line, the
internal micro-channel having oval cross-sections along the
reference line, the internal micro-channel extending between a
first reference position along the reference line and a second
reference position along the reference line, the internal micro-
channel twisting at least 180° and up to 360° with respect to the
reference line between the first reference position and the
second reference position.
REFERENCES
The prior art relied upon by the Examiner is:
Lee
Liang
US 5,002,460
US 7,563,072 B1
Mar. 26, 1991
July 21, 2009
Bunker US 2012/0243995 A1 Sept. 27, 2012
REJECTIONS2
I. Claims 1, 4, 16, and 19 stand rejected under 35 U.S.C. § 102(b) as
anticipated by Liang.
II. Claims 10, 11, and 17 stand rejected under 35 U.S.C. § 103(a) as
unpatentable over Liang and Bunker.
III. Claim 19 stands rejected under 35 U.S.C. § 103(a) as unpatentable over
Liang and Lee.

2 The Examiner withdrew a rejection under 35 U.S.C. § 112, first paragraph.
Ans. 2; see Final Act. 4.
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Application 14/769,802
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OPINION
Rejection I
Appellant groups claims 1, 4, 16, and 19 together in contesting this
rejection. See Appeal Br. 4–6. We decide the appeal of this rejection on the
basis of independent claim 1, and claims 4, 16, and 19 stand or fall with
claim 1. See 37 C.F.R. § 41.37(c)(1)(iv) (permitting the Board to select a
single claim to decide the appeal as to a single ground of rejection of a group
of claims argued together).
The Examiner finds that Liang discloses a gas turbine component
comprising a component body as recited in claim 1. See Final Act. 7–8
(making reference to annotated versions of Figures 2 and 3 of Liang
provided at Final Act. 7). In the annotated version of Liang’s Figure 3, the
Examiner draws a reference line (labeled “A”) between the center points
(labeled “B” and “C”) of two adjacent oval cross-sections at which two
adjacent micro-channels (spiral flow channels 121 and 122) intersect. The
Examiner finds that channel 121 extends in a lengthwise direction along the
reference line and between a first reference position (point B) and a second
reference position (point C) along the reference line. Final Act. 8.
Appellant argues that “the alleged reference line is a fictitious line
added by the Examiner and is not actually disclosed in Liang.” Appeal
Br. 5. This argument is unsound. As Appellant acknowledges, the reference
line itself is not an actual structural feature, but, rather, serves merely as a
reference for defining the structure of the micro-channel in claim 1. See id.
As the Examiner explains, Liang’s Figure 3 depicts two distinct points
where the centerlines of both channels cross, and, “[l]ike [in] the instant
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Application 14/769,802
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application, one of ordinary skill in the art would recognize a reference line
exists between these two points.” Ans. 4–5.3
In the Reply Brief, Appellant additionally argues that “[w]hat the
Examiner refers to as reference positions ‘B’ and ‘C’ are not disclosed by
Liang and were added to the annotated drawings of Liang by the Examiner.”
Reply Br. 2. This argument is as unsound as the aforementioned argument
about the “fictitious” reference line. Much like the reference line, the first
and second reference positions in claim 1 do not denote actual structural
features, but, rather, serve as references for defining the micro-channel in
claim 1.
Appellant asserts that the reference line added by the Examiner is into
the plane of the paper, while Liang’s channel 121 spirals within the wall in
Figure 3. Appeal Br. 5. Thus, Appellant contends that Liang’s “channel 121
does not . . . extend in a lengthwise direction along the Examiner’s reference
line.” Id. This argument is unavailing because it appears to be premised on
a misunderstanding of the Examiner’s rejection. As the Examiner explains,
the Examiner’s characterization of the reference line as being perpendicular
to the paper (see Final Act. 8) “is in reference to Figure 2,” and “[t]he
reference line is identified as an ‘x’ in [the Examiner’s annotated] Figure 2”
(see Final Act. 7; Ans. 3). Ans. 5. The Examiner’s annotated Figure 3
depicts reference line A running along the plane of the paper, not into the
plane of the paper. See Final Act. 7; Ans. 3.

3 We additionally note that the reference line, as defined in Appellant’s
Specification, need not be linear. See Spec. ¶ 42 (stating, “Although the
channel 70 extends generally linearly in the lengthwise direction in the
example, the channel 70 can alternatively be non-linear, in which case the
reference line L would be non-linear.”).
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Application 14/769,802
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Lastly, Appellant argues that “[t]he reference line the Examiner drew
in Liang is between two separate passages (121, 122), as shown even in the
annotated Figures 2 and 3 from the Examiner’s rejection.” Appeal Br. 6.
According to Appellant, “[n]either of these passages ‘extends along’ this
line, as claimed. The line is outside of both passages.” Id.
Appellant’s argument does not identify a deficiency in the rejection
because it is not factually correct, and it is not commensurate with the scope
of claim 1, which does not require that the reference line be inside the micro-
channel. In fact, reference line L in Appellant’s disclosed invention does not
appear to be located inside micro-channel 170 as depicted in Figure 6, at
least at second reference position P2. See Fig. 6 (appearing to show
reference line L behind micro-channel 170 at the top thereof). Further, as
the Examiner points out, reference line L is outside of the micro-channels in
the other embodiments as well. See Figs. 3, 4, 8. Contrary to Appellant’s
argument, as shown in the Examiner’s annotated version of Liang’s Figure
3, the reference line (line A) identified by the Examiner is inside both
passages at least at points B and C, where Liang’s channels 121 and 122
intersect. See Final Act. 7; Ans. 3, 7. Further, Liang’s channel 121 extends
in a vertical lengthwise direction along reference line A.
For the above reasons, Appellant does not apprise us of error in the
rejection of claim 1 as anticipated by Liang. Accordingly, we sustain the
rejection of claim 1, as well as claims 4, 16, and 19, which fall with claim 1,
as anticipated by Liang.
Rejections II and III
Appellant does not present any additional arguments contesting the
rejections of claims 10, 11, 17, and 19. See Appeal Br. 6 (relying on the
arguments presented for claims 1 and 16 in contesting the rejections of
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Application 14/769,802
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dependent claims 10, 11, 17, and 19). For the reasons set forth above,
Appellant’s arguments fail to apprise us of error in the rejections of claims 1
and 16, and, likewise, fail to apprise us of error in the rejections of claims
10, 11, 17, and 19). Accordingly, we sustain the rejection of claims 10, 11,
and 17 as unpatentable over Liang and Bunker, and the rejection of claim 19
as unpatentable over Liang and Lee.
DECISION
The Examiner’s decision rejecting claims 1, 4, 10, 11, 16, 17, and 19
is AFFIRMED.
CONCLUSION
In summary:

Claims
Rejected
Basis Affirmed Reversed
1, 4, 16, 19 § 102(b) Liang 1, 4, 16, 19
10, 11, 17 § 103(a) Liang, Bunker 10, 11, 17
19 § 103(a) Liang, Lee 19
Overall
Outcome
1, 4, 10,
11, 16, 17,
19

No time period for taking any subsequent action in connection with
this appeal may be extended under 37 C.F.R. § 1.136(a). See 37 C.F.R.
§ 1.136(a)(1)(iv).
AFFIRMED