Ex Parte Fetvedt

Patent Trial and Appeal Board

Aug 24, 2017

13553144 (P.T.A.B. Aug. 24, 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.
13/553,144 07/19/2012 Jeremy Eron Fetvedt P62622 1270US.1 6379
26158 7590 08/28/2017
WOMBLE CARLYLE SANDRIDGE & RICE, LLP
ATTN: IP DOCKETING
P.O. BOX 7037
ATLANTA, GA 30357-0037
EXAMINER
DUONG, THO V
ART UNIT PAPER NUMBER
3744
NOTIFICATION DATE DELIVERY MODE
08/28/2017 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):
IPDocketing@WCSR.COM
PTOL-90A (Rev. 04/07)
UNITED STATES PATENT AND TRADEMARK OFFICE
BEFORE THE PATENT TRIAL AND APPEAL BOARD
Ex parte JEREMY ERON FETVEDT
Appeal 2016-0052171
Application 13/553,144
Technology Center 3700
Before MURRIEL E. CRAWFORD, MICHAEL W. KIM, and
PHILIP J. HOFFMANN, Administrative Patent Judges.
CRAWFORD, Administrative Patent Judge.
DECISION ON APPEAL
STATEMENT OF THE CASE
This is an appeal from the final rejection of claims 1, 2, 6, and 9-13.
We have jurisdiction to review the case under 35 U.S.C. §§ 134 and 6.
The invention relates generally to heat exchangers. Spec. 1,1. 4.
Claim 1 is illustrative:
1. A heat exchanger, comprising:
a flow plate and a second flow plate respectively
extending between an inlet end and an outlet end,
1 The Appellant identifies 8 Rivers Capital, LLC as the real party in interest.
Appeal Br. 2.
Appeal 2016-005217
Application 13/553,144
the flow plate and the second flow plate each
comprising a plurality of protrusions and a plurality of orifices
positioned there between, the protrusions of the flow plate
extending in a first direction between the inlet end and the
outlet end,
the protrusions of the second flow plate being the
same as the protrusions of the flow plate but extending in a
second direction between the inlet end and the outlet end
opposite to the first direction,
the protrusions of the flow plate contacting the
protrusions of the second plate and defining a plurality of flow
channels where the orifices of the flow plate overlap with the
orifices of the second flow plate, the flow channels being
configured to receive a flow of fluid from the inlet end and
direct the fluid to the outlet end,
wherein the flow channels are interconnected such
that for each of a plurality of intermediate positions along the
flow channels, a plurality of flow paths are defined.
Claim 1 is rejected under pre-AlA 35 U.S.C. § 102(b) as anticipated
by Downing (US 6,167,952 Bl, issued Jan. 2, 2001).
Claims 2 and 6 are rejected under pre-AlA 35 U.S.C. § 103(a) as
unpatentable over Downing and Hesselgreaves (US 5,193,611, issued
Mar. 16, 1993).
Claims 9-13 are rejected under pre-AlA 35 U.S.C. § 103(a) as
unpatentable over Downing and Rock (US 6,309,773 Bl, issued Oct. 30,
2001).
We REVERSE.
ANALYSIS
We are persuaded by Appellant’s argument that Downing does not
disclose interconnected flow channels throughout the heat exchanger,
2
Appeal 2016-005217
Application 13/553,144
because, instead, Downing discloses a multitude of zig-zagging separate
passages, with no interconnected channels at intermediate positions in the
heat exchanger. Appeal Br. 7—9. The Examiner’s position is that each
separate path through the heat exchanger alters its course back and forth
between the slots in each layer, and that this alternating path represents a
plurality of interconnected flow paths. Answer 10—11.
The term “path” is not defined, so we rely on the ordinary and
customary meaning of path as “[t]he route or course along which something
travels or moves.” The Free Dictionary by Farlex, http://www.thefree
dictionary.com/path (last visited August 24, 2017).
However, we are persuaded that a wandering path does not represent a
plurality of paths. In Downing, each separate path may move in one
direction in the slots of one layer, change directed at the end of the slot to
move to the adjoining slot in the other layer, and move in a new direction
through the slot in the second layer, before repeating. See Downing, col. 4,
11. 19-25. But each zig-zag path is a single path that meanders, while
remaining the sole route or course along which the fluid travels through the
heat exchanger.
In contrast, the Specification describes a path that may branch into
additional paths at points where the separate paths are interconnected.
Spec. 7,11. 22—26 (referencing Fig. 3B). The reason for the interconnected
routes is that “in an instance in which a blockage occurs in a flow channel
412, the flow may divert around the blockage through one or more alternate
flow paths such that only a relatively small area of the flow channel
including the blockage losses flow therethrough.” Spec. 8,1. 29 to 9,1. 2.
3
Appeal 2016-005217
Application 13/553,144
We also note the claims require that each flow plate has “protrusions,”
but Downing discloses that each plate comprises slots within the plate, rather
than protrusions. Downing, col. 3,11. 14—18. Protrusions “extend or jut out;
project.” The Free Dictionary by Farlex, http://www.thefreedictionary.
com/protrude (last visited August 24, 2017 at). The Examiner points to the
portions of Downing plate 10 between the slots. Answer 3. But that portion
is the plate itself, and does not extend or jut out from the plate, and is,
therefore, not a protrusion.
For these reasons, we will not sustain the rejection of claim 1 as
anticipated by Downing. We also will not sustain the rejections of
dependent claims 2, 6, and 9—13, because the Examiner has not established
on the record that either Rock or Hesselgreaves remedies the shortcomings
of Downing.
DECISION
We reverse the rejection of claim 1 under 35 U.S.C. § 102(b).
We reverse the rejections of claims 2, 6, and 9—13 under 35 U.S.C.
§ 103(a).
REVERSED
4