Ex Parte Homan et alDownload PDFPatent Trial and Appeal BoardSep 20, 201812885901 (P.T.A.B. Sep. 20, 2018) Copy Citation UNITED STA TES p A TENT AND TRADEMARK OFFICE APPLICATION NO. FILING DATE FIRST NAMED INVENTOR 12/885,901 09/20/2010 Theodore P. Homan 44200 7590 09/21/2018 HONIGMAN MILLER SCHWARTZ & COHN LLP 650 Trade Centre Way Suite 200 Kalamazoo, MI 49002-0402 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. 264565-420444/PA000251 9619 EXAMINER AMRANY,ADI ART UNIT PAPER NUMBER 2836 MAIL DATE DELIVERY MODE 09/21/2018 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 THEODORE P. HOMAN and YI TSANG WONG Appeal2018-000125 Application 12/885,901 Technology Center 2800 Before BEYERL YA. FRANKLIN, LINDA M. GAUDETTE, and JEFFREY R. SNAY, Administrative Patent Judges. SNAY, Administrative Patent Judge. DECISION ON APPEAL 1 Appellants2 appeal under 35 U.S.C. § 134(a) from the Examiner's decision rejecting claims 1-5, 13-17, and 21. We have jurisdiction under 35 U.S.C. § 6(b). We affirm. 1 We refer to the Specification ("Spec.") filed September 20, 2010; Non- Final Office Action ("Non-Final Act.") dated November 30, 2016; Appellants' Appeal Brief ("Br.") filed April 27, 2017; and Examiner's Answer ("Ans.") dated July 14, 2017. 2 Appellants identify General Wireless Operations Inc. dba Radio Shack as the real party in interest. Br. 4. Appeal2018-000125 Application 12/885,901 BACKGROUND The subject matter on appeal relates to an apparatus and method for delivering power to electronic devices having different energy requirements. Spec. ,r 12. Claim 1 is illustrative: 1. An apparatus for providing operative power of a set of output characteristics for powering a first device and a second device, said apparatus comprising: a first converter housing having a first converter housed therein, the first converter configured to convert input energy into first converted energy of a first converted energy characteristic, said first converter making a single power tap from the input energy and providing the first converted energy at a single housing output of said first converter housing; an adapter-tipped cable connected at a first side thereof to the single housing output of said first converter housing to receive the first converted energy of the first converted energy characteristic provided by said first converter, the adapter- tipped cable having an adapter positioned at a second side thereof; said adapter configured to provide for direct connection alternately both to: a dongle; and a plug tip; wherein, when said dongle is connected by the direct connection to the adapter, said dongle is connected at a first end side thereof to said adapter and is electrically connected in-line with the first converter housed in said first converter housing and adapted to receive the first converted energy received at the first side of the adapter-tipped cable, said dongle configured to provide first-device operative power of a first output characteristic defined by the first converted energy characteristic for powering the first device and having a second converter to convert the first converted energy at the second converter to provide second device operative power of a second output characteristic and said dongle having a USB output port at a first lateral side of said dongle for providing the second- device operative power thereat for powering the second device, the first lateral side adjacent to the first end side of the dongle, 2 Appeal2018-000125 Application 12/885,901 said dongle having a plug-tipped cable integral with said dongle, the plug-tipped cable extending beyond a second end side of said dongle, the second end side of said dongle opposed to the first end side, said plug-tipped cable maintained in electrical connection with said adapter-tipped cable, to provide the first-converted energy thereat; and wherein, when said plug tip is connected to the adapter, said plug tip is connectable to the first device to provide the first converted energy for powering the first device with the first converted energy. Br. 19-20 (Claims Appendix) ( emphasis added to highlight the principal recitation in dispute). Independent claim 13 is directed to a method of using an apparatus in accordance with claim 1 to provide power to a first and a second electronic device. Each remaining claim on appeal depends from claim 1 or 13. REJECTION Claims 1-5, 13-17, and 21 stand rejected under 35 U.S.C. § I03(a) as unpatentable over Germagian, 3 Chiang, 4 and Lin. 5 OPINION The Examiner finds that Germagian discloses a power supply device that includes all of the features recited in Appellants' claim 1, except that Germagian depicts a USB port being located at an end side rather than a lateral side of a dongle, and Germagian depicts a plug-tipped cable that is detachable from, rather than integral with, the dongle. Non-Final Act. 5-9. 3 US 7,224,086 B2, issued May 29, 2007 ("Germagian"). 4 US 7,245,515 B2, issued July 17, 2007 ("Chiang"). 5 US 2009/0191735 Al, published July 30, 2009 ("Lin"). 3 Appeal2018-000125 Application 12/885,901 The Examiner principally relies on Germagian's Figure 6, which we reproduce below: Figure 6 is a schematic view of a power supply system. Germagian 4: 19-20. Referring to the Figure, Germagian shows a power adapter 210 which is connectable via a cable 220 to provide a first voltage output to a power distributor 260. Germagian 7:50-67. Power distributor 260 includes a side port which is depicted in the Figure as being connectable via a cable to a laptop computer, and a lower USB port which is depicted as being connectable via another cable to one of various other electronic devices, such as a mobile phone or a camera. See Germagian Fig. 6. The Examiner views Germagian's power distributor 260 as the claimed dongle. Non-Final Act. 6; Ans. 4. The Examiner finds that Germagian's Figure 6 depicts, via a dashed line, an alternate direct connection between the power adapter 210 and the laptop computer. Non-Final Act. 8; Ans. 2-3. Appellants dispute that the dashed line connection shown in Germagian's Figure 6 sufficiently teaches alternate connectability of the 4 Appeal2018-000125 Application 12/885,901 power adapter 210 output cable to the depicted laptop. Br. 15-16. We disagree. There is no dispute that Germagian's Figure 6 depicts a detachable connection of the power adapter 210 output cable to power distributor 260. Given that the noted dashed line extends from the same output cable to a connector and an arrow representing connectability of that connector to the depicted laptop, we are persuaded that one of ordinary skill in the art would understand Germagian's Figure 6 as teaching that the power adapter 210 output cable is alternately connectable to both the power distributor 260 and a laptop. Appellants also argue that Germagian does not teach providing stepped-down energy to the USB port, as is called for in each of claims 5 and 17. Br. 16. However, as the Examiner correctly points out (Ans. 5), Germagian teaches that portable computers require 15-20v, whereas the USB port provides 5v to accommodate other electronics. Germagian 5: 16- 18; 7:61---62. Germagian further teaches that the power distributor 260 "may include multiple DC/DC converters for providing voltages at different levels." Id. at 7:54--56. In light of these teachings, we are not persuaded of error in the Examiner's finding that Germagian describes providing stepped- down energy to the USB port. Appellants additionally argue that "there is no disclosure of connecting the second device at a laterally-positioned USB port." Br. 17 ( emphasis added). Although Appellants present this argument in connection with claim 15, the argument focuses on the structural positioning of the USB port, which also is recited in claim 1. Germagian depicts the USB port as being positioned opposite power adapter 210 output cable. See Germagian Figure 6. However, the Examiner relies on Lin as teaching an alternative 5 Appeal2018-000125 Application 12/885,901 arrangement in which a USB output port is located on a lateral side of a power distributor relative to the power input. Non-Final Act. 10. Appellants do not dispute the Examiner's finding relative to Lin. Rather, Appellants contend that lateral positioning of the USB port "provides an advantage in that pulling forces exerted on the resultant, connected configuration is less likely to result in a disconnection of a connected device." Br. 17. However, Appellants present no evidence or persuasive technical reasoning to support the contention. Nor do Appellants contend that any such advantage achieved by a laterally-positioned USB port would have been unexpected. "[W]hen a patent 'simply arranges old elements with each performing the same function it had been known to perform' and yields no more than one would expect from such an arrangement, the combination is obvious." KSR Int'! Co. v. Teleflex Inc., 550 U.S. 398,417 (2007) (quoting Sakraida v. Ag Pro, Inc., 425 U.S. 273, 282 (1976)). For the foregoing reasons, Appellants' arguments do not persuade us of reversible error in the Examiner's Rejection. Accordingly, the Rejection is sustained. DECISION The Examiner's decision rejecting claims 1-5, 13-17, and 21 is affirmed. No time period for taking any subsequent action in connection with this appeal may be extended under 37 C.F.R. § 1.136(a). AFFIRMED 6 Copy with citationCopy as parenthetical citation