Ex Parte Homan et al

Patent Trial and Appeal Board

Sep 20, 2018

12885901 (P.T.A.B. Sep. 20, 2018)

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,
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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").
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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
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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
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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
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