Enphase Energy, Inc.Download PDFPatent Trials and Appeals BoardAug 19, 20212020005433 (P.T.A.B. Aug. 19, 2021) Copy Citation 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. 15/335,060 10/26/2016 Patrick L. Chapman EES1210 7944 54698 7590 08/19/2021 MOSER TABOADA 1030 BROAD STREET SUITE 203 SHREWSBURY, NJ 07702 EXAMINER BAKHTIARI, NIKI ART UNIT PAPER NUMBER 1726 NOTIFICATION DATE DELIVERY MODE 08/19/2021 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): docketing@mtiplaw.com llinardakis@mtiplaw.com PTOL-90A (Rev. 04/07) UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE PATENT TRIAL AND APPEAL BOARD Ex parte PATRICK L. CHAPMAN Appeal 2020-005433 Application 15/335,060 Technology Center 1700 Before MICHAEL P. COLAIANNI, DEBRA L. DENNETT, and SHELDON M. MCGEE, Administrative Patent Judges. MCGEE, Administrative Patent Judge. DECISION ON APPEAL Pursuant to 35 U.S.C. § 134(a), Appellant1 appeals from the Examiner’s decision to reject claims 1–20. We have jurisdiction. 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. Appellant identifies the real party in interest as Enphase Energy, Inc. Appeal Br. 3. Appeal 2020-005433 Application 15/335,060 2 CLAIMED SUBJECT MATTER The claims are directed to alternating current photovoltaic (ACPV) modules. Typical PV modules may generate direct current (DC) power based on received solar energy. Spec. ¶ 1. The Specification discloses that the DC power generated by a PV module may be converted to AC power through the use of a power inverter. Id. In an ACPV module, the power inverter may be electrically coupled to an output of the PV module. Id. The Specification discloses that one of the primary causes of failure in solar electronics is the ingress of atmospheric moisture into the electronic enclosure. Spec. ¶ 26. Some approaches to protect electronic components from moisture damage include encapsulating the electronic circuitry inside the enclosure with a potting material, such as polyurethanes and silicones. Id. However, small voids in the potting can trap moisture and ultimately lead to corrosion or other issues. Id. ¶ 27. For PV systems comprising electronic component assemblies, humidity may be prevented from exceeding a value that may cause condensation within the electronic component assembly. Spec. ¶ 29. The Specification describes that a humidity-controlled electronic component assembly can be operated so as to periodically remove moisture from the potting material of an electronic component assembly. Id. ¶ 30. Claim 17, reproduced below, is illustrative of the claimed subject matter, with key limitations on appeal italicized for emphasis: 17. An electronic component assembly for coupling to a PV module, the electronic component assembly comprising: an enclosure defining an interior region; a power conditioning circuit within the interior region of the enclosure, the power conditioning circuit comprising an Appeal 2020-005433 Application 15/335,060 3 electronic component for conditioning power generated by the plurality of solar cells; [a] first electrical conduit for inputting direct current generated by the plurality of solar cells to the power conditioning circuit; a second electrical conduit for outputting conditioned power from the power conditioning circuit; a humidity control circuit within the enclosure for performing a dehumidification operation, the humidity control circuit comprising a first heating component; wherein the humidity control circuit regulates a humidity level within the interior region of the enclosure by applying an amount of actuation, of a plurality of amounts of actuation, to the first heating component. REJECTIONS The Examiner maintains the following rejections on appeal: I. Claims 17 and 20 under 35 U.S.C. § 102(a)(1) as anticipated by Andrae;2 II. Claims 1–3 under 35 U.S.C. § 103 as unpatentable over Kim,3 Andrae, and Fornage;4 III. Claims 4, 5, and 7–15 under 35 U.S.C. § 103 as unpatentable over Kim and Andrae; IV. Claim 6 under 35 U.S.C. § 103 as unpatentable over Kim, Andrae, and Fornage; V. Claim 16 under 35 U.S.C. § 103 as unpatentable over Kim, Andrae, and Tiittanen;5 2 US 2014/0166635 A1, published June 19, 2014. 3 US 2012/0127770 A1, published May 24, 2012. 4 US 2009/0084426 A1, published Apr. 2, 2009. 5 US 2012/0192921 A1, published Aug. 2, 2012. Appeal 2020-005433 Application 15/335,060 4 VI. Claim 18 under 35 U.S.C. § 103 as unpatentable over Andrae and Erickson, Jr.;6 and VII. Claim 19 under 35 U.S.C. § 103 as unpatentable over Andrae and Kiik.7 OPINION Rejection I The Examiner finds that Andrae discloses every element recited in independent claim 17, including the “humidity control circuit . . . comprising a first heating component.” Final Act. 3–5. Figure 1 of Andrae, as annotated by the Examiner, is reproduced below: Annotated Figure 1 of Andrae, reproduced above, illustrates the Examiner’s mapping of the claimed “power conditioning circuit”—i.e., DC 6 US 2010/0206378 A1, published Aug. 19, 2010. 7 US 2014/0260001 A1, published Sept. 18, 2014. Appeal 2020-005433 Application 15/335,060 5 generator 30, converter 160, AC connected power grid 150—and the claimed “humidity control circuit”—i.e., elements 110, 120, 130, and 140. Final Act. 4; Andrae ¶ 31. Figure 1 of Andrae also illustrates moisture sensor 110, which communicates a measured moisture value inside housing 20 to control unit 120. Andrae ¶ 31. Based on the measured value, control unit 120 may control converter 160, such that the power transmitted to heating element 130 can be controlled by the control unit 120. Id. The Examiner maps heating element 130 to the claimed “first heating component.” Final Act. 3. The Examiner finds Andrae teaches that the inverter’s operation method involves determining whether the measured moisture value falls above or below a threshold value. Id. at 4. The Examiner finds Andrae teaches that if the measured moisture value exceeds the threshold value, the inverter’s interior is heated until the moisture sensor 110 determines a moisture value “that lies below the non-critical limit value” for normal inverter startup operation. Id. at 3–4 (citing Andrae ¶ 40). The Examiner finds that paragraph 41 of Andrae discloses the claimed humidity control circuit’s regulation of the humidity level within an enclosure’s interior region. Final Act 4. Paragraph 41 of Andrae is reproduced below: In a first variant of the operating method, the electrical power for the preheating of the inverter . . . is generated by the DC voltage generator 30. . . . In this case, the voltage is set by the inverter, for example by a corresponding driving of the converter unit 160 by the control unit 120. At the same time, by means of a suitable driving of the switches of the converter unit 160 as described above, at least part of the power generated by the DC voltage generator, for heating the inverter 10, can also be converted into heat by the converter 160, while the rest of the power can be fed Appeal 2020-005433 Application 15/335,060 6 to a further heating element. In this case, it is likewise possible to choose a variable value instead of a fixed upper limit value for the generator [30] voltage, the variable value being determined based on the measured moisture value. Andrae ¶ 41 (emphasis added). According to the Examiner, “it is apparent from this teaching that the humidity control circuit of Andrae regulates a humidity level within the interior region of the enclosure by applying an amount of actuation, of a plurality of [amounts of] actuation to the first heating component” 130. Final Act. 17–18 (citing Andrae ¶ 41) (emphasis added). Appellant amended claim 17 to recite the italicized limitation quoted above.8 Amendment 6.9 With that amendment, Appellant argued that the amended claims are distinguished from the applied prior art because “Andrae utilizes a simple on/off control for his humidity control circuit,” whereas “the claimed humidity control circuit can utilize various degrees of heating to dry the enclosure.” Id. at 8. On appeal, Appellant argues, inter alia, that Andrae fails to disclose “whether the amount of power fed to the heating element [130] changes based on” the varying voltage for the DC voltage generator 30. Appeal Br. 10. Appellant contends that Andrae does not disclose that the amount power fed to heating element 130 is “one of a plurality of amounts.” Id. at 10–11. In the Answer, the Examiner determines that in the event Andrae’s measured moisture value exceeds the threshold value, “more power should 8 We refer to the Amendment dated May 24, 2019. 9 We note that Appellant also amended independent claims 1 and 4, which are subject to the Examiner’s Rejections II and III, respectively, to recite substantially similar limitations. Amendment 3, 4. Appeal 2020-005433 Application 15/335,060 7 be fed to the heating element(s) to decrease the interior moisture below the threshold.” Ans. 18 (citing Andrae Fig. 4). According to the Examiner, because Andrae teaches that moisture values are repeatedly measured until the threshold value is no longer exceeded, “such requirement implies [a] different amount of power being fed to the heating element.” Ans. 18 (citing Andrae claim 26). In the Reply Brief, Appellant argues that Andrae’s disclosure does not foreclose the possibility that DC voltage generator 30 feeds a constant amount of power to heating element 130 while the amount of DC power converted into heat by switches of the converter unit 160 varies. Reply Br. 2. We are persuaded that Appellant has identified reversible error. “[A]n invention is anticipated if the same device, including all the claim limitations, is shown in a single prior art reference. Every element of the claimed invention must be literally present.” Richardson v. Suzuki Motor Co., Ltd., 868 F.2d 1226, 1236 (Fed. Cir. 1989). Here, we agree with Appellant that the Examiner has not pointed to any support in Andrae to demonstrate that DC voltage generator 30 necessarily feeds varied amounts of power to heating element 130. Appeal Br. 10–11; Reply Br. 2–3. The Examiner provides no basis in fact and/or technical reasoning to reasonably support the inherency of the claimed humidity control regulation “by applying an amount of actuation, of a plurality of amounts of actuation, to the first heating component.” Appeal Br. 24 (Claims App.). Rather, the Examiner asserts that the particular humidity control step is inherent and merely concludes Andrae: (i) discloses that “more power should be fed to the heating element(s)” and (ii) “implies [a] different amount of power being Appeal 2020-005433 Application 15/335,060 8 fed to the heating element.” Ans. 18 (emphasis added). Such conclusory assertions do not evince that the recited humidity control step is inherent in Andrae’s disclosure. On this record, the Examiner fails to explain how Andrae discloses every element of claim 17. We, therefore, reverse the Examiner’s anticipation rejection. Rejections II–VII Because each of these rejections relies on an erroneous finding that Andrae discloses the recited humidity level regulation “by applying an amount of actuation, of a plurality of amounts of actuation, to the first heating component” (independent claims 1 and 4), we reverse these rejections for the same reasons identified with respect to claim 17. Appeal Br. 19–20, 21 (Claims App.). CONCLUSION Rejections I–VII are reversed. DECISION SUMMARY Claim(s) Rejected 35 U.S.C. § Reference(s)/Basis Affirmed Reversed 17, 20 102(a)(1) Andrae 17, 20 1–3 103 Kim, Andrae, Fornage 1–3 4, 5, 7–15 103 Kim, Andrae, 4, 5, 7–15 6 103 Kim, Andrae, Fornage 6 16 103 Kim, Andrae, Tiittanen 16 18 103 Andrae, Erickson, Jr. 18 19 103 Andrae, Kiik 19 Overall Outcome 1–20 REVERSED Copy with citationCopy as parenthetical citation