Cote, Paul L.

Patent Trials and Appeals BoardDec 18, 2019

15330615 - (D) (P.T.A.B. Dec. 18, 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. 15/330,615 10/19/2016 Paul L. Cote 2166-66A 8142 45971 7590 12/18/2019 ERIC FINCHAM 871 Shefford Street Suite 304 Bromont, QUEBEC J2L 1C4 CANADA EXAMINER IJAZ, MUHAMMAD ART UNIT PAPER NUMBER 3631 MAIL DATE DELIVERY MODE 12/18/2019 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 PAUL L. COTE Appeal 2019-004718 Application 15/330,615 Technology Center 3600 ____________ Before MURRIEL E. CRAWFORD, MICHAEL C. ASTORINO, and JAMES A. WORTH, Administrative Patent Judges. ASTORINO, 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 to reject claims 1–8 and 10. We have jurisdiction under 35 U.S.C. § 6(b). We REVERSE. 1 We use the word “Appellant” to refer to “applicant” as defined in 37 C.F.R. § 1.42. The Appellant identifies the real party in interest as Paul L. Cote. Appeal Br. 2. Appeal 2019-004718 Application 15/330,615 2 CLAIMED SUBJECT MATTER Claim 1, the sole independent claim, is representative of the subject matter on appeal and reproduced below. 1. A pole designed to be inserted into the ground, said pole having a lower tapered segment at one end thereof, said lower tapered segment having double helical threads thereon, and an upper segment. REFERENCES The prior art relied upon by the Examiner is: Name Reference Date Daline US 3,293,809 Dec. 27, 1966 Su et al. (“Su”) US 8,740,531 B2 June 3, 2014 Parent US 2012/0104190 A1 May 3, 2012 Sangwai et al. (“Sangwai”) US 2016/0054213 A1 Feb. 25, 2016 REJECTIONS Claims 1 and 2 are rejected under 35 U.S.C. § 102(a)(1)/102(a)(2) as being anticipated by Daline. Claims 4–8 are rejected under 35 U.S.C. § 103 as being unpatentable over Daline. Claims 1–5, 8, and 10 are rejected under 35 U.S.C. § 103 as being unpatentable over Parent and Su. Claims 6 and 7 are rejected under 35 U.S.C. § 103 as being unpatentable over Parent, Su, and Sangwai. Appeal 2019-004718 Application 15/330,615 3 ANALYSIS Anticipation and Obviousness based on Daline Independent claim 1 requires a pole including a “lower tapered segment having double helical threads.” The record suggests that the Appellant and the Examiner disagree as to the meaning of the term “double helical threads” as recited in claim 1. See Final Act. 2–3, Appeal Br. 8–9; Ans. 3–4. The Examiner determines that the term “double helical threads” consists of two equal, identical, or similar helical threads. Ans. 3; see Final Act. 2. The Appellant asserts that the term “double-start” “means that there are two ridges wrapped around a cylinder of the screw’s body.” Appeal Br. 8 (citing App’x B 5 (Wikipedia.org, “Screw thread,” https://en.wikipedia.org/wiki/Screw thread (last visited Nov. 19, 2018))). The Appellant asserts that the term “double threads” has the same meaning. Id. The Appellant implies that the term “double helical threads” must also fit this definition. See id. We determine that the term “double helical threads,” when read by one of ordinary skill in the art upon reading the Specification, refers to: a pair of parallel threads intertwined about a common axis; or two spiral threads in the surface of a cylinder that coil around its axis. See double helix def., LEXICO DICTIONARY, https://www.lexico.com/en/definition/double_ helix (last visited Dec. 10, 2019) (“A pair of parallel helices intertwined about a common axis”); double helix def., MERRIAM-WEBSTER ON-LINE DICTIONARY, https://www.merriam-webster.com/dictionary/double%20helix (last visited Dec. 10, 2019) (“a helix or spiral consisting of two strands in the surface of a cylinder that coil around its axis”). The foregoing interpretation is consistent with the Specification. See, e.g., Spec. 5 (“Lower tapered Appeal 2019-004718 Application 15/330,615 4 portion 14 is provided with a first helical thread 18 which extends outwardly from the body. A second helical thread 20 is provided intermediate first helical thread 18 and also extends outwardly from the body.”), Figs. 1, 5, 6. The Examiner’s rejection relies on a finding that the lower portion of Daline’s post, including external threads 4a, 5a, corresponds to the claimed “lower tapered segment having double helical threads.” Final Act. 7. However, external threads 4a and 5a are not disclosed or shown as: a pair of parallel threads intertwined about a common axis; or two spiral threads in the surface of a cylinder that coil around its axis. As to the latter, external threads 4a, 5a exist on separate structures, namely, that of post body 4 and stake 5, respectively. See Daline, Fig. 2; see also id. at col. 2, ll. 41–43. In the Appellant’s words, Daline’s “threads are completely separate” as “there is a portion of the pole having a first thread thereon and a second portion of the pole having a further thread thereon.” Appeal Br. 8. Thus, we do not sustain the Examiner’s rejection of claims 1 and 2 as being anticipated by Daline. The Examiner’s rejection of claims 4–8 as being unpatentable over Daline is based on the same errant finding as discussed above. The rejection is not cured by the additional findings and/or reasoning associated therewith. Therefore, we do not sustain the Examiner’s rejection of claims 4–8. Obviousness based on Parent and Su, and Parent, Su, and Sangwai The Examiner’s rejections based on Parent and Su, and Parent, Su, and Sangwai, rely on the Examiner’s determination that it would have been obvious to one of ordinary skill in the art to modify the thread of Parent’s support pole to be a double helical thread, as taught by Su, because Su Appeal 2019-004718 Application 15/330,615 5 describes that its screw threads accelerate the expelling speed for the cutting debris and decrease the resistance. Final Act. 10 (citing Su, col. 4, ll. 11– 15). The Appellant points out that the advantage of Su’s screw –– to accelerate the expelling speed for cutting debris and decrease the resistance –– applies “when the screw is used with a material such as wood and the like wherein the material is actually cut and the cut material is expelled.” Appeal Br. 9–10. The Appellant argues that the same benefit does not apply to earth (i.e., ground) and therefore, does not apply to the Appellant’s invention. Id. at 10. The Appellant’s argument persuades us that the Examiner’s rejection is inadequately supported. As the Appellant points out, the Examiner’s reasoning is particular to the advantages of Su’s screw being fastened into wood. See Su col. 1, ll. 20–27, col. 3, l. 16 (“plywood”). However, the Examiner fails to adequately explain on the record how Su’s advantages, which are particular to a screw being drilled into plywood, would benefit Parent’s support pole, which is designed to be inserted into the ground. See Parent, Abstract. Therefore, we determine that the Examiner’s rejection lacks the requisite underpinning to be adequately supported. Thus, we do not sustain the Examiner’s rejection of claims 1–5, 8, and 10 as being unpatentable over Parent and Su. The Examiner’s rejection of claims 6 and 7 as being unpatentable over Parent, Su, and Sangwai is based on the same inadequately supported reasoning as discussed above. The rejection is not cured by the additional findings and/or reasoning associated therewith. Therefore, we do not sustain the Examiner’s rejection of claims 4–8. Appeal 2019-004718 Application 15/330,615 6 CONCLUSION In summary: Claims Rejected 35 U.S.C. § Reference(s)/Basis Affirmed Reversed 1, 2 102(a)(1)/10 2(a)(2) Daline 1, 2 4–8 103 Daline 4–8 1–5, 8, 10 103 Parent, Su 1–5, 8, 10 6, 7 103 Parent, Su, Sangwai 6, 7 Overall Outcome 1–8, 10 REVERSED Notice of References Cited Application/Control No. Applicant(s)/Patent Under Patent Appeal No. Examiner Art Unit Page 1 of 1 U.S. PATENT DOCUMENTS * Document Number Country Code-Number-Kind Code Date MM-YYYY Name Classification A US- B US- C US- D US- E US- F US- G US- H US- I US- J US- K US- L US- M US- FOREIGN PATENT DOCUMENTS * Document Number Country Code-Number-Kind Code Date MM-YYYY Country Name Classification N O P Q R S T NON-PATENT DOCUMENTS * Include as applicable: Author, Title Date, Publisher, Edition or Volume, Pertinent Pages) U V W X *A copy of this reference is not being furnished with this Office action. (See MPEP § 707.05(a).) Dates in MM-YYYY format are publication dates. Classifications may be US or foreign. U.S. Patent and Trademark Office PTO-892 (Rev. 01-2001) Notice of References Cited Part of Paper No. 12/10/2019 Double Helix | Definition of Double Helix by Lexico https://www.lexico.com/en/definition/double_helix 1/3 Home double helix Denition of double helix in English: double helix Pronunciation /ˈdəbəl ˈhēliks/ /ˈdəbəl ˈhilɪks/ NOUN More example sentences Pronunciation double helix /ˈdəbəl ˈhēliks/ /ˈdəbəl ˈhilɪks/ Learning English? Explore These English Word Lists The Most Common Questions About The English Language W O R D O F T H E D A Y notorious ADJECTIVE '-sion', '-tion' or '-cion'? Which is the correct spelling? producion Choose a Room with a View of Whatever you Like Sponsored by Hilton ...and your home. Sequences shortened and simulated. DICTIONARY THESAURUS GRAMMAR EXPLORE MORE DICTIONARIES US DICTIONARY double helix A pair of parallel helices intertwined about a common axis, especially that in the structure of the DNA molecule. US DICTIONARY double helix MENU Fe ed ba ck 12/10/2019 Double Helix | Definition of Double Helix by Lexico https://www.lexico.com/en/definition/double_helix 2/3 0/10 production NEXT Are You Learning English? Here Are Our Top English Tips T R E N D I N G W O R D S Most popular in the world Chinese New Year1. Stockholm syndrome2. excretion3. superhit4. autotetraploid5. US DICTIONARY double helix MENU Fe ed ba ck 12/10/2019 Double Helix | Definition of Double Helix by Lexico https://www.lexico.com/en/definition/double_helix 3/3 © 2019 Lexico.com Basic Guidelines For English Spellings READ THESE ARTICLES Order Now Restrictions apply. Advertisement Here Are The Top English Writing Tips READ THESE ARTICLES English Is Hard: These Articles Will Help With Your English Language Usage READ THESE ARTICLES Fun English Word Lists To Explore READ THESE ARTICLES The Most Common English Language Questions READ THESE ARTICLES Find Out More About Contact Us Cookies, Terms, & Privacy More from Lexico.com Lexico.com Lexico.com Spanish Browse The English Dictionary Browse The Spanish Dictionary Browse The English - Spanish Translations Browse The Spanish - English Translations Browse the Thesaurus Browse Grammar Explore Articles Fe ed ba ck 12/10/2019 Double Helix | Definition of Double Helix by Merriam-Webster https://www.merriam-webster.com/dictionary/double helix 1/5 SINCE 1828 GAMES BROWSE THESAURUS WORD OF THE DAY WORDS AT PLAY LOG IN REGISTER settings SAVED WORDS double helix dictionary thesaurus view recents Login or Register Hello, GAMES BROWSE THESAURUS WORD OF THE DAY WORDS AT PLAY SETTINGS SAVED WORDS view recents double helix noun Save Word To save this word, you'll need to log in. Log In Definition of double helix : a helix or spiral consisting of two strands in the surface of a cylinder that coil around its axis especially : the structural arrangement of DNA in space that consists of paired polynucleotide strands stabilized by cross-links between purine and pyrimidine bases — compare alpha-helix, watson-crick model Other Words from double helix Example Sentences Learn More about double helix Keep scrolling for more Other Words from double helix double-helical \ ˌdə- bəl- ̍he- li- kəl , - ̍hē- \ adjective Examples of double helix in a Sentence Recent Examples on the Web Then, in 1956, three years after their work on DNA’s double helix, Watson and Crick came up with a plausible explanation. — Quanta Magazine, "The Illuminating Geometry of Viruses," 19 July 2017 The first one went out in 1974, when the Arecibo radio telescope in Puerto Rico transmitted a broadcast containing information on everything from the position of Earth in our solar system to the double helix structure of DNA. — Sigal Samuel, Vox, "If aliens call, what should we do? Scientists want your opinion.," 6 July 2019 These example sentences are selected automatically from various online news sources to reflect current usage of the word 'double helix.' Views expressed in the examples do not represent the opinion of Merriam-Webster or its editors. Send us feedback. See More First Known Use of double helix 12/10/2019 Double Helix | Definition of Double Helix by Merriam-Webster https://www.merriam-webster.com/dictionary/double helix 2/5 1954, in the meaning defined above Keep scrolling for more Learn More about double helix Share double helix Post the Definition of double helix to Facebook Share the Definition of double helix on Twitter Time Traveler for double helix The first known use of double helix was in 1954 See more words from the same year Dictionary Entries near double helix double-headed doubleheader doublehearted double helix double house double-hung double-hung window See More Nearby Entries Statistics for double helix Look-up Popularity Bottom 30% of words Cite this Entry “Double helix.” The Merriam-Webster.com Dictionary, Merriam-Webster Inc., https://www.merriam-webster.com/dictionary/double%20helix. Accessed 10 December 2019. Keep scrolling for more More Definitions for double helix double helix noun English Language Learners Definition of double helix technical : the shape formed by two parallel lines that twist around each other See the full definition for double helix in the English Language Learners Dictionary double helix noun Medical Definition of double helix : a helix or spiral consisting of two strands in the surface of a cylinder that coil around its axis especially : the structural arrangement of DNA in space that consists of paired polynucleotide strands stabilized by cross-links between purine and pyrimidine bases — compare alpha-helix, watson-crick model Other Words from double helix double-helical \ - ̍hel- i- kəl , - ̍hē- li- \ adjective More from Merriam-Webster on double helix Britannica.com: Encyclopedia article about double helix Comments on double hel ix Style: MLA 12/10/2019 Double Helix | Definition of Double Helix by Merriam-Webster https://www.merriam-webster.com/dictionary/double helix 3/5 What made you want to look up double hel ix? 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