13798805 (P.T.A.B. May. 8, 2018)

Ex Parte Edwards et al

Patent Trial and Appeal BoardMay 8, 2018

13798805 (P.T.A.B. May. 8, 2018)

UNITED STA TES p A TENT AND TRADEMARK OFFICE APPLICATION NO. FILING DATE 13/798,805 03/13/2013 23494 7590 05/10/2018 TEXAS INSTRUMENTS IN CORPORA TED PO BOX 655474, MIS 3999 DALLAS, TX 75265 FIRST NAMED INVENTOR Henry L. Edwards 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 ATTORNEY DOCKET NO. CONFIRMATION NO. TI-69128 1091 EXAMINER DAM, DUSTIN Q ART UNIT PAPER NUMBER 1721 NOTIFICATION DATE DELIVERY MODE 05/10/2018 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): uspto@ti.com PTOL-90A (Rev. 04/07) UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE PATENT TRIAL AND APPEAL BOARD Ex parte HENRY L. EDWARDS, KENNETH J, MAGGIO, STEVEN KUMMERL, and SREENIV ASAN K. KODURI Appeal2017-007959 Application 13/798,805 1 Technology Center 1700 Before JEFFREY T. SMITH, WESLEY B. DERRICK, and SHELDON M. McGEE, Administrative Patent Judges. McGEE, Administrative Patent Judge. DECISION ON APPEAL Pursuant to 35 U.S.C. Â§ 134, Appellant seeks our review of the Examiner's rejection under 35 U.S.C. Â§ 102(b) of claims 1-10. Br. 3--4. We have jurisdiction. 35 U.S.C. Â§ 6. We affirm. 1 Appellant is the Applicant, Texas Instruments Incorporated, which is also identified as the real party in interest. Br. 1. Appeal2017-007959 Application 13/798,805 SUBJECT MATTER The subject matter on appeal relates to integrated circuit packaging and more specifically to embedding a thermoelectric device in a circuit board. Spec. ,r 2. Sole independent claim 1 is illustrative of the subject matter on appeal, and is copied below: 1. A circuit board, comprising: Br. 6. an integrated thermoelectric device embedded in the circuit board that has a hard thermal bond to a heat source or a heat sink. Claims 1-10 are rejected under 35 U.S.C. Â§ I02(b) as anticipated by Yang (US 2006/0260793 Al, published Nov. 23, 2006). OPINION Appellant presents arguments against the rejection as a group. We therefore select claim 1 as representative. 37 C.F.R. Â§ 4I.37(c)(l)(iv). We have considered the arguments (Br. 3--4) and are unpersuaded that Appellant has identified reversible error in the Examiner's rejections. Appellant's first argument (Br. 3) that Yang fails to teach the recited circuit board is unpersuasive because Appellant has failed to structurally distinguish the recited circuit board from that the device disclosed in Yang's Figure 3B. Specifically, Appellant does not point us to a definition of this alleged "term of art," and does not explain with any degree of specificity how Yang's device fails to meet it. The Examiner also cites to further 2 Appeal2017-007959 Application 13/798,805 evidence2 (Final Act. 6-7; Ans. 6-7) to support the finding that Yang's device is a "circuit board," but Appellant fails to address this evidence. Appellant's next argument (Br. 3--4) that Yang's thermoelectric element 331 is not "embedded" is likewise unpersuasive. Consistent with the Examiner's findings, Yang's thermoelectric element 331 is, in some embodiments, sandwiched between ceramic layers in order to electrically isolate it from electrically conductive elements such as the contact or the circuit. Yang ,r 26; Final Act. 3; Ans. 3. See, e.g., In re Bode, 550 F.2d 656, 661 (CCPA 1977) (stating that a "reference must be evaluated for all it teaches"). Appellant's argument does not squarely address the Examiner's reliance on Yang's express disclosure of element 331 being "sandwiched between" certain component parts of the integrated circuit. Id. Moreover, we observe that Yang's thermoelectric element 3 31 may be a core component of heat transfer body/cooling flux source 330. Yang ,r 26; Fig. 3B. According to Yang, heat transfer body 330 may be "at least partially embedded into a layer of thermal interface material" such as thermal grease or thermally conductive cement. Yang ,r 30, claim 5 ( emphasis added). Because this thermal interface material may be used to coat thermally conductive elements - elements which are themselves part of the integrated circuit - it follows that Yang's thermoelectric element 3 31, if present, would be "embedded" therein. Yang ,r 30, Fig. 3A, claim 5. Finally, we note that Appellant's argument regarding the "hard thermal bond" does not address the Examiner's finding that Yang discloses thermally conductive cement to form such a bond. Final Act. 3; Ans. 3; 2 Goenka, US 6,327,149 Bl, issued Dec. 4, 2001. 3 Appeal2017-007959 Application 13/798,805 Yang ,r 30. Nor does Appellant challenge the Examiner's determination that Yang's thermal grease also meets this recited limitation ( Ans. 7), i.e., no Reply Brief was filed. For these reasons, and for those expressed by the Examiner in the Final Action and in the Answer, we sustain the anticipation rejection of claims 1-10. DECISION The Examiner's final decision to reject claims 1-10 is affirmed. No time period for taking any subsequent action in connection with this appeal maybe extended under 37 C.F.R. Â§ 1.136(a)(l). AFFIRMED 4