DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
This is in response to Applicant’s arguments and amendments filed on 08/28/2025 amending Claims 1, 5, 15, and 20 and canceling Claims 2 – 4, 7 – 10, and 17. Claim 19 remains withdrawn. Claims 1, 5, 6, 11 – 16, 18, and 20 are examined.
Drawings
The drawings were received on 08/28/2025. These drawings are acceptable.
Claim Objections
Claims 1, 15, and 20 are objected to because of the following informalities:
Claim 1, l. 28 “wherein the power electronics” is believed to be in error for --wherein the powered electronics-- to maintain consistency within the claim.
Claim 15, l. 7 “the power electronics” is believed to be in error for --the powered electronics-- to maintain consistency within the claim.
Claim 20, l. 9 “wherein the power electronics” is believed to be in error for --wherein the powered electronics-- to maintain consistency within the claim.
Appropriate correction is required.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1, 5, 6, 11 – 16, 18, and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Brantley (5,319,922) in view of Niergarth et al. (11,022,037) in view of Moore et al. (2020/0180771A1) in view of Akin (10,472,986).
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Regarding Claim 1, Brantley teaches, in Figs. 1 - 3, the invention as claimed, a turbine-powered system (4 - aircraft turbofan – Col. 4, ll. 1 - 10), the system comprising a gas turbine engine (4) configured to accelerate air (46, 50) along an engine axis (5), powered electronics (13 – FADEC – Col. 4, ll. 55 - 60) mounted adjacent (best seen in Figs. 1 and 2) to the gas turbine engine (4) and [Examiner notes that the phrase “configured to generate heat during use” is a statement of intended use and the structure of the device as taught by Brantley can perform the function because, when operating, electronics like the FADEC turn a portion of the consumed electricity into waste heat.] configured to generate heat during use,
wherein the gas turbine engine is a turbofan engine (4) including an engine core (22), a bypass duct (labeled) arranged around the engine core, and a turbofan (labeled) configured to accelerate air moving both into the engine core (46 – core air, Col. 5, ll. 15 - 20) and through the bypass duct (50 – bypass air, Col. 5, ll. 15 - 20),
wherein the turbofan (labeled) includes a fan case (48), a fan rotor (labeled) with blades (labeled) for accelerating the air, and a fan discharge splitter (labeled),
wherein the fan discharge splitter includes an annular split ring that [designed and intended function] separates air moving from the turbofan (labeled) to the engine core (46 – core air) from air moving from the turbofan to the bypass duct (50 – bypass air), a number of core inlet vanes (labeled) that extend radially-inward from the annular split ring to interact with and [designed and intended function] smooth the flow of air moving from the turbofan to the engine core (22), and outlet guide vanes (labeled ‘fan outlet guide vanes’) that extend radially-outward from the annular split ring to interact with and [designed and intended function] smooth the flow of air (50) moving from the turbofan to the bypass duct, and
wherein the power electronics (13) are located radially outward of the fan discharge splitter (labeled).
Brantley teaches a turbine-powered system, i.e., base system, upon which the claimed invention can be seen as an improvement. Brantley is silent on a heat sink mounted in said flow path of said air accelerated by said gas turbine engine, wherein the heat sink is integrated into the outlet guide vanes so that heat discharged from a cooling system is passed to the flow of air moving from the turbofan to the bypass duct.
Niergarth teaches, in Figs. 1 – 5 and Col. 9, l. 60 to Col. 10, l. 5, a similar gas turbine engine (10) configured to accelerate air (64, 62) along an engine axis (12) wherein a heat sink (108) was mounted in (52 - fan outlet guide vanes) said flow path of said air (62) accelerated by said gas turbine engine. Niergarth further teaches, in Fig. 3, Col. 2, ll. 25 – 35, Col. 9, ll. 45 – 60, a heat sink (106) is integrated into aero surfaces (130) of components included in the gas turbine engine (10) that interface with the flow path of the air (64) accelerated by the gas turbine engine (10). Moore teaches, in Fig. 4 and Para. [0069], a similar cooling system configured to selectively carry heat away from a powered electronics (112 – electric motor) to air moving through the flowpath (124) via a heat sink (148) integrated in fan outlet guide vanes (130) upon energizing of the cooling system.
Thus, improving a particular system (turbine-powered system), based upon the teachings of such improvement in Niergarth and Moore, would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, i.e., applying these known improvement techniques in the same manner to the turbine-powered system, of Brantley, and the results would have been predictable and readily recognized, that integrating a heat sink into aero surfaces of the fan outlet guide vanes, of Brantley, would have facilitated cooling said heat sink by directly exposing said heat sink to the lower temperature air flow accelerated by said turbofan through the bypass duct of said gas turbine engine. KSR, 550 U.S. 398 (2007), 82 USPQ2d at 1396; MPEP 2143(C).
Brantley, i.v., Niergarth and Moore, as discussed above, is silent on a thermoelectric cooler configured to selectively carry heat away from said powered electronics to said air moving through said gas turbine engine upon energizing of the thermoelectric cooler, the thermoelectric cooler including a cooling plate coupled to the powered electronics, a heat sink, and alternating P- and N-type semiconductor pillars extending between the cooling plate and the heat sink, wherein the thermoelectric cooler was the cooling system that discharged heat to said heat sink.
Akin teaches, in Figs. 1 and 2, Col. 3, ll. 20 – 50, and Col. 4, ll. 5 – 30, a similar a turbine-powered system having a cooling system being a thermoelectric cooler (200) configured to selectively carry heat away from a heat source (206) to a heat sink (208) upon energizing of the thermoelectric cooler (200), the thermoelectric cooler (200) including a cooling plate (202) coupled to any heat source (206), the heat sink (208, Col. 4, ll. 25 – 36 teaches the heat sink could be any “cool” surface.), and alternating P-type (210b, 210d, 210f, 210h) and N-type (210a, 210c, 210e, 210g, 210i) semiconductor pillars extending between the cooling plate (202) and the heat sink (208). Akin teaches, in Col. 6, ll. 39 – 55, that the thermoelectric cooler (200 – Fig. 2) could be located between any two locations of a gas turbine engine where a temperature gradient existed, e.g., a first high temperature location and a second lower temperature location.
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify Brantley, i.v., Niergarth and Moore, with the thermoelectric cooler including a cooling plate coupled to a heat source, a heat sink, and alternating P- and N-type semiconductor pillars extending between the cooling plate and the heat sink, taught by Akin, because all the claimed elements, i.e., the gas turbine engine having powered electronics, the heat sink integrated into aero surfaces of gas turbine engine components (fan outlet guide vanes) that interface with the flow path of the air accelerated by the gas turbine engine, and the thermoelectric cooler including a cooling plate coupled to a heat source, a heat sink, and alternating P- and N-type semiconductor pillars extending between the cooling plate and the heat sink, were known in the art, in combination each one of the components would perform the same function as it did separately, and one skilled in the art could have combined the elements as claimed by known methods, with no change in their respective functions, to yield predictable results, i.e., integrating the thermoelectric cooler between the powered electronics (heat source) and the heat sink would have facilitated selectively carrying heat away from said powered electronics and into the heat sink integrated in fan outlet guide vanes when the thermoelectric cooler was energizing thereby dumping the carried heat to the flow of air moving from the turbofan, around the fan outlet guide vanes, and through the bypass duct, Moore – Paras. [0069] and [0077]. KSR, 550 U.S. 398 (2007), 82 USPQ2d at 1395; MPEP 2143(A).
Brantley, i.v., Niergarth, Moore, and Akin, as discussed above, is silent on the power electronics being axially aligned with the fan discharge splitter.
At the time the invention was made, it would have been an obvious matter of design choice to a person of ordinary skill in the art to modify Brantley, i.v., Niergarth, Moore, and Akin, to have said power electronics being axially aligned with the fan discharge splitter because Applicant has not disclosed that “said power electronics being axially aligned with the fan discharge splitter” provides an advantage, is used for a particular purpose, or solves a stated problem. In fact, Para. [0009] of Applicant’s Specification disclosed “The power electronics may be located radially outward of and axially aligned with the fan discharge splitter.” In fact, Para. [0011] of Applicant’s Specification disclosed “The power electronics may be located radially outward of and axially align with the fan case”. Applicant’s different axial alignments are indicative of the fact that the claimed axial alignments are indeed a “Design Choice”, as all options perform equally well as Brantley’s power electronics axial alignment, and none of the options exhibits an advantage over the others and over Brantley’s power electronics axial alignment. One of ordinary skill furthermore, would have expected Applicant’s invention to perform equally well with the axial alignment location of Brantley, i.v., Niergarth, Moore, and Akin, because Applicant disclosed that the power electronics may be located radially outward of and axially align with the fan case (spans the axial distance between the fan case inlet end to the fan case outlet end).
Therefore, it would have been an obvious matter of design choice to modify Brantley, i.v., Niergarth, Moore, and Akin, to obtain the invention as specified in Claim 1.
Re Claim 5, Brantley, i.v., Niergarth, Moore, and Akin, teaches the invention as claimed and as discussed above, wherein the heat sink extends along and forms part of an aero surface of the outlet guide vane, refer to the Claim 1 rejection above.
Re Claim 6, Brantley, i.v., Niergarth, Moore, and Akin, teaches the invention as claimed and as discussed above; except, wherein the outlet guide vane is formed to include a recess along the suction side aero surface and the heat sink is arranged in the recess. Niergarth further teaches, in Fig. 3 (marked-up below), a vane (118) is formed to include a recess along the suction side aero surface (labeled) and the heat sink (106) is arranged in the recess (shown in Fig. 3).
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It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the outlet guide vane of Brantley, i.v., Niergarth, Moore, and Akin, to have a recess formed along the suction side aero surface and the heat sink is arranged in the recess, further taught by Niergarth, to facilitate directly cooling said heat sink by directly exposing said heat sink to the lower temperature air accelerated by said gas turbine engine, Niergarth - Col. 2, ll. 25 – 35.
Re Claim 11, Brantley, i.v., Niergarth, Moore, and Akin, teaches the invention as claimed and as discussed above, including wherein the alternating P- and N-type semiconductor pillars are electrically coupled in series (Akin – Col. 3, ll. 45 - 50), and the system further comprises an electrical power source (304 - Akin – Fig. 3, Col. 4, ll. 10 - 45) and a controller (306) [Designed and intended function of thermoelectric cooler] configured to selectively energize the alternating P- and N-type semiconductor pillars to activate the thermoelectric cooler and transport heat from the cooling plate to the heat sink.
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, that the combination of Brantley, i.v., Niergarth, Moore, and Akin, would have had an electrical power source and a controller because they were necessary for the thermoelectric cooler to perform its designed and intended function of transporting heat from the cooling plate to the heat sink.
Re Claim 12, Brantley, i.v., Niergarth, Moore, and Akin, teaches the invention as claimed and as discussed above, including wherein the electrical power source and the controller are configured to activate the thermoelectric cooler based at least in part on information received from a temperature sensor (Akin – Col. 6, ll. 10 - 25) indicative of a temperature being greater than a threshold high temperature.
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, that the combination of Brantley, i.v., Niergarth, Moore, and Akin, would have had the electrical power source and the controller configured to activate the thermoelectric cooler based at least in part on information received from a temperature sensor indicative of powered electronics temperature being greater than a threshold high temperature because Akin teaches, in Col. 4, ll. 35 – 40, Col. 5, ll. 45 – 50, and Col. 6, ll. 1 – 25, analyzing data from a temperature sensor to determine if adjustments should be made to the thermoelectric cooler, e.g., supplying electricity to activate the thermoelectric cooler if the cooling plate temperature was greater than a threshold high temperature, i.e., too high.
Re Claim 13, Brantley, i.v., Niergarth, Moore, and Akin, teaches the invention as claimed and as discussed above, including wherein the electrical power source and the controller are configured to de-activate the thermoelectric cooler based at least in part on information received from the temperature sensor (Akin – Col. 6, ll. 10 - 25) indicative of the powered electronics temperature being less than a threshold low temperature.
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, that the combination of Brantley, i.v., Niergarth, Moore, and Akin, would have had the electrical power source and the controller configured to de-activate the thermoelectric cooler based at least in part on information received from a temperature sensor indicative of powered electronics temperature being less than a threshold low temperature because Akin teaches, in Col. 4, ll. 35 – 40, Col. 5, ll. 45 – 50, and Col. 6, ll. 1 – 25, analyzing data from a temperature sensor to determine if adjustments should be made to the thermoelectric cooler, e.g., stopping the supply of electricity to de-activate the thermoelectric cooler if the cooling plate temperature was less than a threshold low temperature, i.e., too low.
Re Claim 14, Brantley, i.v., Niergarth, Moore, and Akin, teaches the invention as claimed and as discussed above, including wherein the electrical power source and the controller are configured to activate the thermoelectric cooler based at least in part on information associated with power draw currently applied to the electrical power source indicative of power available for activation of the thermoelectric cooler in addition to other active electrical elements.
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, that the combination of Brantley, i.v., Niergarth, Moore, and Akin, would have had the electrical power source and the controller configured to activate the thermoelectric cooler based at least in part on information associated with power draw currently applied to the electrical power source indicative of power available for activation of the thermoelectric cooler in addition to other active electrical elements because Akin teaches, in Abstract, Col. 5, ll. 45 – 67, Col. 6, ll. 1 – 25, and Col. 6, ll. 60 – 65, activate the thermoelectric cooler based at least in part on information associated with power draw (power input data from surrounding thermoelectric cooler) currently applied to the electrical power source (provided power to a plurality of different thermoelectric coolers) indicative of power available for activation of the thermoelectric cooler (approximately 20 – 200 Watts typically required to power a single thermoelectric cooler) in addition to other active electrical elements (other thermoelectric coolers). Akin teaches, in Abstract, the controller was configured to control an input power provided to each TEC of the array of TECs, such that the array of TECs facilitates controlled cooling of the aircraft jet propulsion system in response to the input power provided to each TEC of the array of TECs. It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, that in the combination of Brantley, i.v., Niergarth, Moore, and Akin, the electrical power source would have had a maximum output power, e.g., 1,500 Watts, that would have been distributed among a plurality of thermoelectric cooler, e.g., seven thermoelectric coolers each drawing 200 Watts for a total of 1,400 Watts, leaving only 100 Watts that could have been drawn by an eighth thermoelectric cooler.
Regarding Claim 15, Brantley teaches, in Figs. 1 - 3, the invention as claimed, including a turbine-powered system (4 - aircraft turbofan – Col. 4, ll. 1 - 10), the system comprising a gas turbine engine (4) arranged along an engine reference axis (5), powered electronics (13 – FADEC – Col. 4, ll. 55 - 60) and aero surfaces of components (labeled ‘fan outlet guide vanes’) included in the gas turbine engine (4).
Brantley teaches a turbine-powered system, i.e., base system, upon which the claimed invention can be seen as an improvement. Brantley is silent on a heat sink is integrated into said aero surfaces of components included in the gas turbine engine.
Niergarth teaches, in Figs. 1 – 5 and Col. 9, l. 60 to Col. 10, l. 5, a similar gas turbine engine (10) arranged along an engine reference axis (12) wherein a heat sink (108) was mounted in (52 - fan outlet guide vanes) said flow path of said air (62) accelerated by said gas turbine engine. Niergarth further teaches, in Fig. 3, Col. 2, ll. 25 – 35, Col. 9, ll. 45 – 60, a heat sink (106) is integrated into aero surfaces (130) of components included in the gas turbine engine (10) that interface with the flow path of the air (64) accelerated by the gas turbine engine (10).
Thus, improving a particular system (turbine-powered system), based upon the teachings of such improvement in Niergarth, would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, i.e., applying this known improvement technique in the same manner to the turbine-powered system, of Brantley, and the results would have been predictable and readily recognized, that integrating a heat sink into aero surfaces of the fan outlet guide vanes of Brantley, would have facilitated cooling said heat sink by directly exposing said heat sink to the lower temperature air accelerated by said gas turbine engine. KSR, 550 U.S. 398 (2007), 82 USPQ2d at 1396; MPEP 2143(C).
Brantley, i.v., Niergarth, as discussed above, is silent on a thermoelectric cooler including a cooling plate coupled to the powered electronics, a heat sink, and alternating P- and N-type semiconductor pillars extending between the cooling plate and the heat sink.
Moore teaches, in Fig. 4 and Para. [0069], a similar cooling system configured to selectively carry heat away from a powered electronics (112 – electric motor) to air moving through the flowpath (124) via a heat sink (148) integrated in fan outlet guide vanes (130) upon energizing of the cooling system. Akin teaches, in Figs. 1 and 2, Col. 3, ll. 20 – 50, and Col. 4, ll. 5 – 30, a similar a turbine-powered system having a thermoelectric cooler (200) including a cooling plate (202) coupled to any heat source (206), the heat sink (208, Col. 4, ll. 25 – 36 teaches the heat sink could be any “cool” surface.), and alternating P-type (210b, 210d, 210f, 210h) and N-type (210a, 210c, 210e, 210g, 210i) semiconductor pillars extending between the cooling plate (202) and the heat sink (208).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify Brantley, i.v., Niergarth, with the thermoelectric cooler including a cooling plate coupled to a heat source, a heat sink, and alternating P- and N-type semiconductor pillars extending between the cooling plate and the heat sink, taught by Akin, because all the claimed elements, i.e., the gas turbine engine having powered electronics, the heat sink integrated into aero surfaces of gas turbine engine components (fan outlet guide vanes) that interface with the flow path of the air accelerated by the gas turbine engine, and the thermoelectric cooler including a cooling plate coupled to a heat source, a heat sink, and alternating P- and N-type semiconductor pillars extending between the cooling plate and the heat sink, were known in the art, in combination each one of the components would perform the same function as it did separately, and one skilled in the art could have combined the elements as claimed by known methods, with no change in their respective functions, to yield predictable results, i.e., integrating the thermoelectric cooler between the powered electronics (heat source) and the heat sink would have facilitated selectively carrying heat away from said powered electronics and into the heat sink integrated in fan outlet guide vanes when the thermoelectric cooler was energizing thereby dumping the carried heat to the air flowing around the fan outlet guide vanes, Moore – Paras. [0069] and [0077]. KSR, 550 U.S. 398 (2007), 82 USPQ2d at 1395; MPEP 2143(A).
Brantley, i.v., Niergarth, Moore, and Akin, as discussed above, is silent on the power electronics being located radially outward of and axially aligned with the heat sink. However, Brantley further teaches the powered electronics (13 – FADEC – Col. 4, ll. 55 - 60) being located radially outward of and almost axially aligned (best seen in Fig. 2) with the components (labeled ‘fan outlet guide vanes’) that the heat sink would be integrated into in the combination of Brantley, i.v., Niergarth, Moore, and Akin. Moore further teaches, in Fig. 4, the power electronics (112) being axially aligned with the heat sink (148) integrated in fan outlet guide vanes (130). Akin further teaches, in Fig. 2, the thermoelectric cooler (200) heat source (206) being axially aligned with the heat sink (208). Akin further teaches, in Col. 6, ll. 39 – 55 that “Any suitable portion of aircraft propulsion system 100 may be equipped with a TEC array 302. For example, any portion of aircraft propulsion system 100 in which a temperature gradient exists between a first portion of aircraft propulsion system 100 and a second portion of aircraft propulsion system 100 may be equipped with a TEC array 302. Further, and more generally as described herein, a TEC array 302 may be suitably equipped on any portion of aircraft propulsion system 100 that experiences a temperature gradient and benefits from controlled cooling.” Therefore, Akin’s thermoelectric cooler (200 – Fig. 2) could have been located radially between and axially aligned with heat source (206, in this case the power electronics of Brantley) and the heat sink (208, in this case the heat sink integrated into the ‘fan outlet guide vanes’ of Brantley, i.v., Niergarth and Moore).
At the time the invention was made, it would have been an obvious matter of design choice to a person of ordinary skill in the art to modify Brantley, i.v., Niergarth, Moore, and Akin, to have said power electronics being axially aligned with the heat sink because Applicant has not disclosed that “said power electronics are axially aligned with the heat sink” provides an advantage, is used for a particular purpose, or solves a stated problem. In fact, Para. [0009] of Applicant’s Specification disclosed “The power electronics may be located radially outward of and axially aligned with the fan discharge splitter.” In fact, Para. [0011] of Applicant’s Specification disclosed “The power electronics may be located radially outward of and axially align with the fan case”. Applicant’s different axial alignments are indicative of the fact that the claimed axial alignments are indeed a “Design Choice”, as all options perform equally well as Brantley’s power electronics axial alignment, and none of the options exhibits an advantage over the others and over Brantley’s power electronics axial alignment. One of ordinary skill furthermore, would have expected Applicant’s invention to perform equally well with the axial alignment location of Brantley, i.v., Niergarth, Moore, and Akin, because Applicant disclosed that the power electronics may be located radially outward of and axially align with the fan case (spans the axial distance between the fan case inlet end to the fan case outlet end).
Therefore, it would have been an obvious matter of design choice to modify Brantley, i.v., Niergarth, Moore, and Akin, to obtain the invention as specified in Claim 15.
Re Claim 16, Brantley, i.v., Niergarth, Moore, and Akin, teaches the invention as claimed and as discussed above, and Brantley further teaches, in Fig. 2, wherein the gas turbine engine is a turbofan engine (4) including a fan, an engine core (22), and a bypass duct (labeled) arranged around the engine core (22), and wherein the aero surface (labeled ‘fan outlet guide vanes’) into which the heat sink is integrated is located radially outward of the engine core (22).
Re Claim 18, Brantley, i.v., Niergarth, Moore, and Akin, teaches the invention as claimed and as discussed above, and Brantley further teaches, in Fig. 2, wherein the aero surface into which the heat sink (in the labeled ‘fan outlet guide vanes’) is integrated is an airfoil (‘fan outlet guide vanes’ were airfoils).
Regarding Claim 20, Brantley teaches, in Figs. 1 - 3, the invention as claimed, including a method of cooling powered electronics (13 – FADEC – Col. 4, ll. 55 - 60) in a turbine-powered system (4 - aircraft turbofan – Col. 4, ll. 1 - 10) the method comprising aero surfaces of components (labeled ‘fan outlet guide vanes’) included in the gas turbine engine (4) associated with the system.
Brantley teaches a method of cooling powered electronics, i.e., base method, upon which the claimed invention can be seen as an improvement. Brantley is silent on a heat sink integrated into said aero surfaces of components included in the gas turbine engine.
Niergarth teaches, in Figs. 1 – 5 and Col. 9, l. 60 to Col. 10, l. 5, a similar gas turbine engine (10) configured to accelerate air (64, 62) along an engine axis (12) wherein a heat sink (108) was mounted in (52 - fan outlet guide vanes) said flow path of said air (62) accelerated by said gas turbine engine. Niergarth further teaches, in Fig. 3, Col. 2, ll. 25 – 35, Col. 9, ll. 45 – 60, a heat sink (106) is integrated into aero surfaces (130) of components included in the gas turbine engine (10) that interface with the flow path of the air (64) accelerated by the gas turbine engine (10).
Thus, improving a particular method (of cooling powered electronics), based upon the teachings of such improvement in Niergarth, would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, i.e., applying this known improvement technique in the same manner to the method of cooling powered electronics, of Brantley, and the results would have been predictable and readily recognized, that integrating a heat sink into aero surfaces of the fan outlet guide vanes of Brantley, would have facilitated cooling said heat sink by directly exposing said heat sink to the lower temperature air accelerated by said gas turbine engine. KSR, 550 U.S. 398 (2007), 82 USPQ2d at 1396; MPEP 2143(C).
Brantley, i.v., Niergarth, as discussed above, is silent on determining that cooling of the powered electronics is desired, and activating a thermoelectric cooler by supplying electrical power to the thermoelectric cooler, wherein the thermoelectric cooler includes a cooling plate coupled to the powered electronics, a heat sink, and alternating P- and N-type semiconductor pillars extending between the cooling plate and the heat sink.
Moore teaches, in Fig. 4 and Para. [0069], a similar method of cooling powered electronics (112 – electric motor, i.e., heat source) by moving heat generated by said powered electronics to air moving through the flowpath (124) via a heat sink (148) integrated in fan outlet guide vanes (130) upon energizing of the cooling system. Akin teaches, in Figs. 1 and 2, Col. 3, ll. 20 – 50, and Col. 4, ll. 5 – 30, a similar method of cooling a heat source (206) by means of a thermoelectric cooler (200) configured to selectively carry heat away from a heat source (206) to a heat sink (208) upon energizing of the thermoelectric cooler (200), the thermoelectric cooler (200) including a cooling plate (202) coupled to any heat source (206), the heat sink (208, Col. 4, ll. 25 – 36 teaches the heat sink could be any “cool” surface.), and alternating P-type (210b, 210d, 210f, 210h) and N-type (210a, 210c, 210e, 210g, 210i) semiconductor pillars extending between the cooling plate (202) and the heat sink (208). Akin further teaches, in Abstract, Col. 4, ll. 35 – 40, Col. 5, ll. 45 – 50, and Col. 6, ll. 1 – 25, determining that cooling of the heat source (206) is desired (a controller received and analyzed data from at least one temperature sensor and then determined if adjustments should be made to the thermoelectric cooler to control the temperature of the cooling plate), and activating said thermoelectric cooler (200) by supplying electrical power to the thermoelectric cooler (200), e.g., supplying electricity to activate the thermoelectric cooler if the cooling plate temperature was greater than a threshold high temperature, i.e., too high.
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify Brantley, i.v., Niergarth, with the thermoelectric cooler including a cooling plate coupled to a heat source, a heat sink, and alternating P- and N-type semiconductor pillars extending between the cooling plate and the heat sink, determining that cooling of the heat source is desired, and activating a thermoelectric cooler by supplying electrical power to the thermoelectric cooler, taught by Akin, because all the claimed elements, i.e., the gas turbine engine having powered electronics, the heat sink integrated into aero surfaces of gas turbine engine components (fan outlet guide vanes) that interface with the flow path of the air accelerated by the gas turbine engine, and the thermoelectric cooler including a cooling plate coupled to a heat source, a heat sink, and alternating P- and N-type semiconductor pillars extending between the cooling plate and the heat sink, said thermoelectric cooler activated by supplying electrical power to the thermoelectric cooler when a controller determined that cooling of the heat source was desired, were known in the art, in combination each one of the components would perform the same function as it did separately, and one skilled in the art could have combined the elements as claimed by known methods, with no change in their respective functions, to yield predictable results, i.e., coupling the cooling plate of the thermoelectric cooler to the powered electronics (heat source) and utilizing the heat sink integrated in fan outlet guide vanes as the thermoelectric cooler heat sink would have facilitated carrying heat away from said powered electronics and into the heat sink thereby dumping the carried heat to the air flowing around the fan outlet guide vanes, Moore – Paras. [0069] and [0077], when a controller supplied electrical power to the thermoelectric cooler after determining that cooling of the powered electronics was required. KSR, 550 U.S. 398 (2007), 82 USPQ2d at 1395; MPEP 2143(A).
Brantley, i.v., Niergarth, Moore, and Akin, as discussed above, is silent on the power electronics being located radially outward of and axially aligned with the heat sink. However, Brantley further teaches the powered electronics (13 – FADEC – Col. 4, ll. 55 - 60) being located radially outward of and almost axially aligned (best seen in Fig. 2) with the components (labeled ‘fan outlet guide vanes’) that the heat sink would be integrated into in the combination of Brantley, i.v., Niergarth, Moore, and Akin. Moore further teaches, in Fig. 4, the power electronics (112) being axially aligned with the heat sink (148) integrated in fan outlet guide vanes (130). Akin further teaches, in Fig. 2, the thermoelectric cooler (200) heat source (206) being axially aligned with the heat sink (208). Akin further teaches, in Col. 6, ll. 39 – 55 that “Any suitable portion of aircraft propulsion system 100 may be equipped with a TEC array 302. For example, any portion of aircraft propulsion system 100 in which a temperature gradient exists between a first portion of aircraft propulsion system 100 and a second portion of aircraft propulsion system 100 may be equipped with a TEC array 302. Further, and more generally as described herein, a TEC array 302 may be suitably equipped on any portion of aircraft propulsion system 100 that experiences a temperature gradient and benefits from controlled cooling.” Therefore, Akin’s thermoelectric cooler (200 – Fig. 2) could have been located radially between and axially aligned with heat source (206, in this case the power electronics of Brantley) and the heat sink (208, in this case the heat sink integrated into the ‘fan outlet guide vanes’ of Brantley, i.v., Niergarth and Moore).
MPEP2144.04(VI)(C) Rearrangement of Parts cited In re Japikse, 181 F.2d 1019, 86 USPQ 70 (CCPA 1950) (Claims to a hydraulic power press which read on the prior art except with regard to the position of the starting switch were held unpatentable because shifting the position of the starting switch would not have modified the operation of the device.); In re Kuhle, 526 F.2d 553, 188 USPQ 7 (CCPA 1975) (the particular placement of a contact in a conductivity measuring device was held to be an obvious matter of design choice) for the holding that mere rearrangement of parts was an obvious matter of design choice when such a rearrangement would not have modified the operation of the device.
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to rearrange the parts of Brantley, i.v., Niergarth, Moore, and Akin, so that the power electronics was located radially outward of (taught by Brantley) and axially aligned with (taught by Moore and Akin) the heat sink because it has been held that mere rearrangement of parts was an obvious matter of design choice when such a rearrangement would not have modified the operation of the device. In this case, the operation of the gas turbine engine, powered electronics, and thermoelectric cooler would have remained the same. During operation the gas turbine engine would have generated airflows (46 and 50 – Fig. 2, Col. 5, ll. 15 - 20) through the interior flow ducts of said gas turbine engine. The powered electronics would have received electricity and converted a portion of said electricity into heat like all conventional electronics do. The thermoelectric cooler would have absorbed said heat from the powered electronics via a cooling plate coupled to the powered electronics, and then transferred said absorbed heat to a heat sink integrated into aero surfaces of components (labeled ‘fan outlet guide vanes’) so that the transferred heat would have been absorbed by the airflow (50 – Fig. 2) that carried the absorbed heat though and out of the gas turbine engine. Consequently, during operation the gas turbine engine, the powered electronics would have been cooled by the thermoelectric cooler transferring the heat generated by said powered electronics to the airflow, e.g., heat sink cooling fluid. As discussed above, Akin taught, in Col. 6, ll. 39 – 55, that the thermoelectric cooler (200 – Fig. 2) could be located between any two locations of a gas turbine engine where a temperature gradient existed, e.g., a first high temperature location and a second lower temperature location.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Response to Arguments
Applicant's arguments filed 08/28/2025 have been fully considered but they are not persuasive.
In response to applicant's argument that the examiner's conclusion of obviousness is based upon improper hindsight reasoning, on Pg. 7, last paragraph and Pg. 9, second and fifth paragraphs, it must be recognized that any judgment on obviousness is in a sense necessarily a reconstruction based upon hindsight reasoning. But so long as it takes into account only knowledge which was within the level of ordinary skill at the time the claimed invention was made, and does not include knowledge gleaned only from the applicant's disclosure, such a reconstruction is proper. See In re McLaughlin, 443 F.2d 1392, 170 USPQ 209 (CCPA 1971). As discussed in the 35 USC §103 rejections, the combination of Brantley, i.v., Niergarth, Moore, and Akin, rendered the claimed invention obvious. Applicant’s arguments failed to explicitly identify the knowledge allegedly gleaned only from the applicant's disclosure. Instead, the combination of Brantley, i.v., Niergarth, Moore, and Akin, taught all the claimed structures which functioned exactly as they were designed and intended to function in the prior art. Therefore, the reconstruction based on the combination of Brantley, i.v., Niergarth, Moore, and Akin, is proper because it took into account only knowledge which was within the level of ordinary skill at the time the claimed invention was made. The rejections are maintained.
Applicant argues on Pg. 7, last paragraph and Pg. 9, second and fifth paragraphs, that “the claimed arrangement of components … is (1) not taught by the prior art, and (2) would not be an obvious design choice without the benefit of hindsight”. Examiner disagrees because MPEP2144.04(VI)(C) Rearrangement of Parts cited In re Japikse, 181 F.2d 1019, 86 USPQ 70 (CCPA 1950) (Claims to a hydraulic power press which read on the prior art except with regard to the position of the starting switch were held unpatentable because shifting the position of the starting switch would not have modified the operation of the device.); In re Kuhle, 526 F.2d 553, 188 USPQ 7 (CCPA 1975) (the particular placement of a contact in a conductivity measuring device was held to be an obvious matter of design choice) for the holding that mere rearrangement of parts was an obvious matter of design choice when such a rearrangement would not have modified the operation of the device. Applicant failed to disclose and failed to argue how moving the axial location of said power electronics to be (Claim 1) axially aligned with the fan discharge splitter or to be (Claims 15 and 20) axially aligned with the heat sink would have allegedly modified the operation of the claimed device such that the invention of Claim 1 would have operated completely differently than the inventions of Claims 15 and 20. Instead the operation of the inventions of Claims 1, 15, and 20 would have been substantially similar which is evidence of the lack of criticality of the axial location of the power electronics. The different axial alignments of the power electronics are indicative of the fact that the claimed axial alignments are indeed a “Design Choice”, as all options perform equally well as Brantley’s power electronics axial alignment, and none of the options exhibits an advantage over the others and over Brantley’s power electronics axial alignment. This is shown by the failure of Claims 15 and 20 to specifically define the axial location of the power electronics relative to a fixed location of the gas turbine engine. Instead, Claims 15 and 20 merely recite that the power electronics axially aligned with the heat sink which can be located almost anywhere along the axial length of the gas turbine engine. The heat sink is recited as being “…integrated into aero surfaces of components included in the gas turbine engine”. The broadest reasonable interpretation of “aero surfaces of components included in the gas turbine engine” is almost any surface of any component exposed to airflow anywhere between the air inlet end of the gas turbine engine to the exhaust outlet end of the gas turbine engine. Since the broadest reasonable interpretation of Claims 15 and 20 has the heat sink located axially anywhere between the air inlet end of the gas turbine engine to the exhaust outlet end of the gas turbine engine, then the power electronics axially aligned with the heat sink could have been located axially anywhere between the air inlet end of the gas turbine engine to the exhaust outlet end of the gas turbine engine. This is a prime example of rearrangement of parts since shifting the axial position of the power electronics and the heat sink anywhere between the air inlet end of the gas turbine engine to the exhaust outlet end of the gas turbine engine would not have modified the operation of the invention. The rejections are maintained.
Correspondence
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/LORNE E MEADE/Primary Examiner, Art Unit 3741