Ex Parte Zeolla

Patent Trial and Appeal Board

Nov 4, 2013

12083304 (P.T.A.B. Nov. 4, 2013)

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.
12/083,304 04/09/2008 Giuseppe Zeolla 54478 7499
7590 11/04/2013
Roylance Abrams Berdo & Goodman
1300 19th Street NW Suite 600
Washington, DC 20036
EXAMINER
BAUER, CASSEY D
ART UNIT PAPER NUMBER
3744
MAIL DATE DELIVERY MODE
11/04/2013 PAPER
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.
PTOL-90A (Rev. 04/07)
UNITED STATES PATENT AND TRADEMARK OFFICE
____________________

BEFORE THE PATENT TRIAL AND APPEAL BOARD
____________________
Ex parte GIUSEPPE ZEOLLA
____________________

Appeal 2012-000412
Application 12/083,304
Technology Center 3700
____________________

Before: CHARLES N. GREENHUT, MICHAEL L. HOELTER, and
ANNETTE R. REIMERS, Administrative Patent Judges.

GREENHUT, Administrative Patent Judge.

DECISION ON APPEAL

Appeal 2012-000412
Application 12/083,304
2
STATEMENT OF CASE
Appellant appeals under 35 U.S.C. § 134 from a rejection of claims 8-
15. We have jurisdiction under 35 U.S.C. § 6(b).
We reverse.

The claims are directed to a cooling device with a filter unit. Claim 8,
reproduced below, is illustrative of the claimed subject matter:
8. A cooling device, comprising:
a cooling unit through which a fluid to be cooled can
flow;
a filter unit for filtering the fluid extending on one
longitudinal side of said cooling unit, said filter unit having a
filter housing with a filter element held in an installation space
within said filter housing; and
a first fluid collecting chamber located between said filter
unit and said cooling unit and having a uniform flow cross-
section along an entire length thereof, said first fluid collecting
chamber being sealed relative to said filter unit by an at least
partially concavely curved first boundary wall, said first fluid
collecting chamber having a second boundary wall in a middle
thereof dividing said fluid collecting chamber into first and
second component spaces, said first component space having a
fluid connection to said filter housing, said first fluid collecting
chamber being semicircular in transverse cross section and
having a flat connection wall engaging a face of said cooling
unit, said first component space being in fluid communication
via said cooling unit with said second component space, said
second component space being fluid tight relative said filter
unit and having an outlet for discharging filtered and cooled
fluid.

Appeal 2012-000412
Application 12/083,304
3
REFERENCES
The prior art relied upon by the Examiner in rejecting the claims on
appeal is:
Galbraith
Whitlow
US 975,612
US 6,622,517 B1
Nov. 15, 1910
Sep. 23, 2003

REJECTIONS
Claims 8-15 are rejected under 35 U.S.C. § 103(a) as being
unpatentable over Whitlow and Galbraith. Ans. 4.

OPINION
The Examiner found Whitlow’s manifold chamber 80, interpreted as
the recited, “first fluid collecting chamber,” to have uniform flow cross-
section based on Whitlow’s statement that “[t]he manifold portion is formed
from another member having a constant cross sectional profile along its
length.” Ans. 13, citing Whitlow col 2, ll. 33-34. While the manifold may be
“formed from” such a structure, once assembled into Whitlow’s condenser,
tubes 18 clearly combine with manifold member 74 to create a flow cross-
section in manifold chamber 80 that is not uniform along an entire length
thereof. See figs. 2, 3a,b. Whitlow does not disclose or express any other
construction. Thus, the Examiner incorrectly found Whitlow’s manifold to
have uniform flow cross-section along an entire length thereof as required by
independent claim 8. The Examiner does not offer any reasoning to account
for this distinction.
Appeal 2012-000412
Application 12/083,304
4

DECISION
The Examiner’s rejection is reversed.

REVERSED

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