Ex Parte JANG et al

Patent Trial and Appeal BoardApr 20, 2016

12544893 (P.T.A.B. Apr. 20, 2016)

UNITED STA TES p A TENT AND TRADEMARK OFFICE APPLICATION NO. FILING DATE 12/544,893 08/20/2009 31894 7590 04/20/2016 OKAMOTO & BENEDICTO, LLP P.O. BOX 641330 SAN JOSE, CA 95164 FIRST NAMED INVENTOR Kyung-Oun JANG 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. 10045 .000600 1251 EXAMINER ROSARIO BENITEZ, GUSTA VO A ART UNIT PAPER NUMBER 2838 MAILDATE DELIVERY MODE 04/20/2016 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 KYUNG-OUN JANG, GYOUNG-SOO PARK, HYEONG-SEOK BAEK, and SE-HWAN KIM Appeal2014-007418 Application 12/544,893 Technology Center 2800 Before ROBERT E. NAPPI, SCOTT B. HOW ARD, and JOHN D. HAMANN, Administrative Patent Judges. HOW ARD, Administrative Patent Judge. DECISION ON APPEAL Appellants 1 appeal under 35 U.S.C. Â§ 134(a) from a Non-final Rejection of claims 1-20, which constitute all of the claims pending in this application. We have jurisdiction under 35 U.S.C. Â§ 6(b). We reverse. 1 Appellants identify Fairchild Korea Semiconductor, Ltd. as the real party in interest. App. Br. 1. Appeal2014-007418 Application 12/544,893 THE INVENTION The claimed invention is directed to a switching mode power supply ("SMPS") with variable switching operation frequency and the driving method thereof. Spec. i-f 7. The SMPS includes "a controller that generates a supply voltage by using a start voltage corresponding to the input power and changes a switching operation frequency of the power switch according to an increase/decrease of the supply voltage." Spec. i-f 8. Claim 1, reproduced below, is illustrative of the claimed subject matter: 1. A switching mode power supply (SMPS) that generates output power by converting input power, comprising: a power switch; and a controller that generates a supply voltage by using a start voltage corresponding to the input power and a capacitor that supplies an operation current for the controller, the controller changes a switching operation frequency of the power switch during normal operation of the power switch according to variation of a level of the supply voltage. REFERENCES The prior art relied upon by the Examiner as evidence in rejecting the claims on appeal is: Iliasevitch US 6,255,857B1 July 3, 2001 Minegishi US 2002/0039049 Al Apr. 4, 2002 Corva US 2003/0231012 Al Dec. 18, 2003 Osaka US 2005/0157522 Al July 21, 2005 Jang US 6,972,971 B2 Dec. 6, 2005 Choi US 2006/0196757 Al Sept. 7, 2006 Yang US 7,203,079 B2 Apr. 10, 2007 Shen US 2008/0309608 Al Dec. 18, 2008 Qiu US 2009/0072807 Al Mar. 19, 2009 2 Appeal2014-007418 Application 12/544,893 I Fang I US 2010/0027299 Al I Feb. 4, 2010 REJECTIONS Claims 1, 2, 9, 10, 13-16, and 20 stand rejected under 35 U.S.C. Â§ 103(a) as being unpatentable over Jang in view of Osaka. Final Act. 3-7. Claims 3 and 17 stand rejected under 35 U.S.C. Â§ 103(a) as being unpatentable over Jang in view of Osaka and Corva. Final Act. 8-9. Claims 4, 5, and 18 stand rejected under 35 U.S.C. Â§ 103(a) as being unpatentable over Jang in view of Osaka, Corva, and Minegishi. Final Act. 9-12. Claims 6-8 stand rejected under 35 U.S.C. Â§ 103(a) as being unpatentable over Jang in view of Osaka, Corva, Qiu, and Fang. Final Act. 12-17. Claim 11 stands rejected under 35 U.S.C. Â§ 103(a) as being unpatentable over Jang in view of Osaka, Choi, and Shen. Final Act. 17-19. Claim 12 stands rejected under 35 U.S.C. Â§ 103(a) as being unpatentable over Jang in view of Osaka, Choi, Shen, and Yang. Final Act. 19-20. Claim 19 stands rejected under 35 U.S.C. Â§ 103(a) as being unpatentable over Jang in view of Osaka, Corva, Minegishi, Qiu, and Fang. Final Act. 20-21. ANALYSIS We have reviewed the Examiner's rejection in light of Appellants' arguments that the Examiner erred. In reaching this decision, we consider all evidence presented and all arguments made by Appellants. 3 Appeal2014-007418 Application 12/544,893 Appellants argue Jang "does not teach or suggest that the switching operation frequency of the power switch Ml (shown in Jang FIG. 2) is changed according to a variation of a level of the supply voltage [Vee]." App. Br. 4. Instead, Appellants argue Jang is only in a normal operating mode during time periods PNl and PN2 and during those time periods the power supply voltage Vee is constant. Id.; Reply Br. 1-3. Based on the above, Appellants further argue that although Osaka teaches a changing operation frequency according to an intentional variation in voltage during normal operation, there would be no reason for one of ordinary skill in the art to use it with the Jang SMPS because "Jang teaches that the supply voltage [Vee] generated by the switching driver 300 is sustained at a constant level" during normal operation. App. Br. 6 (emphasis omitted); see also Reply Br. 5---6. The Examiner finds Jang teaches "a controller (300) that generates a supply voltage (Vee) by using a start voltage (Vstr) corresponding to the input power (VAC) and a capacitor (C4) that supplies an operation current for the controller." Ans. 3. The Examiner further finds "Osaka teaches (Figures 1, 2 and 6) the controller ( 6) changes a switching operation frequency of the power switch (2 or 3) during normal operation of the power switch according to variation of a level of the supply voltage (at 7)." Id. Accordingly, the Examiner finds a person of ordinary skill in the art would have modified Jang to include the switching operation frequency of the power switch according to a variation of the supply voltage as taught by Osaka in order "to produce a stable output voltage under a wider variation of input voltage." Id. 4 Appeal2014-007418 Application 12/544,893 In response to Appellants' argument that Jang teaches a constant supply voltage during normal operation, the Examiner finds Jang's Figure 6 shows the Vee varying during time period PA. Ans 3--4. Based on the record before us, we agree with Appellants that the Examiner erred. Jang teaches a constant power supply voltage Vee during normal operation: "UVLO/bandgap unit 310 starts to operate when power supply voltage V cc reaches a predetermined level so as to provide a constant voltage for powering PWM generator 301. HV /REG 320 together with UVLO/bandgap unit 310 operate to sustain power supply voltage Vee at a constant level." Jang 3:54--59 (emphasis added). Although Jang's Figure 6 shows the Vee varying over period PA, Jang states that period PNl and PN2 represent the "normal operating modes" and PA represents a protection mode. Jang 4:57---61. Jang goes on to describe how period PA begins at the end of a "normal mode" and that the "normal mode" resumes in time period PN2. Jang 6:54--7:13. We note the Examiner's description of Figure 6 acknowledges that period PA is not the normal operating mode: When it is determined by the UVLO 310 (See Fig. 3) that the Vee voltage is at a desired level the PWM control circuitry 380 start to operate (Pn 1) with its respective duty cycle (See V d at Fig. 6) when an undesirable condition is detected (at Pa) by protector 360 the Vee signal is kept within two voltage levels as shown in Figure 6 and the V d signal at switch Ml is low level. After a predetermined time (n) has passed determined by controller 370 a normal signal is sent from the protector 360 to switching driver 300 to operate normally (at n) if the undesirable condition persist then the system remains in protection mode for another predetermined time. As can be seen in Figure 6 the operation of the power switch is varied according to the V cc signal, also the V cc signal can be set to vary between to levels as mentioned in paragraph 3 5. 5 Appeal2014-007418 Application 12/544,893 Ans. 3--4 (emphasis added). Based on the record before us, we conclude that Jang teaches a constant Vee "during normal operation of the power switch" and that the motivation relied on by the Examiner does not provide a "rational underpinning to support the legal conclusion of obviousness." In re Kahn, 441F.3d977, 988 (Fed. Cir. 2006), cited with approval in KSR Int'! Co. v. Teleflex Inc., 550 U.S. 398, 418 (2007). Accordingly, we are constrained on this record to reverse the Examiner's rejection of claim 1, along with the rejection of claim 15, which is argued on the same ground, and dependent claims 2-14 and 16-20. DECISION For the above reasons, we reverse the Examiner's rejection of claims 1-20. REVERSED 6