Ex Parte Niklasson et al

Patent Trial and Appeal Board

Oct 26, 2017

13280018 (P.T.A.B. Oct. 26, 2017)

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.
13/280,018 10/24/2011 Olle Niklasson SUB-00810-US-NP 6853
27137 7590 10/30/2017
DIEDERIKS & WHITELAW, PLC
13885 HEDGEWOOD DR., SUITE 317
WOODBRIDGE, VA 22193
EXAMINER
BAE, GYOUNGHYUN
ART UNIT PAPER NUMBER
3742
NOTIFICATION DATE DELIVERY MODE
10/30/2017 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):
MAIL@DWPATENTLAW.COM
PTOL-90A (Rev. 04/07)
UNITED STATES PATENT AND TRADEMARK OFFICE
BEFORE THE PATENT TRIAL AND APPEAL BOARD
Ex parte OLLE NIKLASSON, HAKAN CARLSSON,
ULF NORDH, and FREDRIK HALLGREN
Appeal 2016-008764
Application 13/280,018
Technology Center 3700
Before JOHN C. KERINS, EDWARD A. BROWN, and
LYNNE H. BROWNE, Administrative Patent Judges.
KERINS, Administrative Patent Judge.
DECISION ON APPEAL
STATEMENT OF THE CASE
Olle Niklasson et al. (Appellants) appeal under 35 U.S.C. § 134(a)
from the Examiner’s final decision rejecting claims 13 and 15—30. We have
jurisdiction under 35 U.S.C. § 6(b).
We REVERSE.
CLAIMED SUBJECT MATTER
Appellants’ invention relates to a microwave heating apparatus for
heating a load by means of microwaves. Spec. para. 1.
Appeal 2016-008764
Application 13/280,018
Claims 13 and 16 are independent. Claim 13 is illustrative and is
reproduced below:
1. A Method of operating a microwave heating apparatus
comprising a cavity and at least one microwave source for
feeding microwaves to the cavity via a plurality of feeding ports,
said method comprising the steps of:
measuring, for at least one frequency or within a frequency
range, a power of the microwaves reflected back to the
microwave source for each one of at least part of the plurality of
feeding ports; and
selecting at least one of the plurality of feeding ports based
on the measured powers in order to feed microwaves to the cavity
via the at least one selected feeding port during operation of the
microwave heating apparatus at said at least one frequency or
within said frequency range.
THE REJECTIONS
The Examiner has rejected:
(i) Claims 13, 15—28, and 30 under 35 U.S.C. § 102(a) as being
anticipated by Yasui (US 2010/0224623 Al, published Sept. 9, 2010); and
(ii) Claim 29 under 35 U.S.C. § 102(a) as being anticipated by Yasui
as evidenced by Strattan (US 4,795,871, issued Jan. 3, 1989).
A rejection of claims 13 and 15—30 under 35 U.S.C. § 112, second
paragraph, as being incomplete for omitting essential elements, is withdrawn
by the Examiner. Ans. 2.
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Appeal 2016-008764
Application 13/280,018
ANALYSIS
Claims 13, 15—28, and 30—Anticipation—Yasui
The Examiner finds that Yasui discloses all of the limitations set forth
in claims 13 and 16, including a method comprising the steps of measuring a
power of the microwaves reflected back to the microwave source for each
one of at least part of a plurality of feeding ports and selecting at least one of
the plurality of feeding ports based on the measured powers in order to feed
microwaves to the cavity. Final Act. 4—8 (citing Yasui, paras. 17, 87, 91,
100, 143; Fig. 21; Claim 14).
Appellants contest this finding. Appellants contend that Yasui does
not disclose feeding port selection based on the measured power of
microwaves reflected back to the source. Appeal Br. 9. Appellants explain
that Yasui instead undertakes an exploration to determine what microwave
frequency yields the least reflected power, and then feeds microwaves at that
frequency to a cavity using all of the feeding ports. Appeal Br. at 9, 11
(citing Yasui, paras. 88—93, 87, 90, 91, 93; Fig. 6).
The Examiner responds by noting that Yasui’s control part 12 controls
feeding ports 8a and 8b based on the measured reflected power having
frequency fl for oscillator part 2a as shown in Yasui’s Figure 21. Ans. 13
(citing Yasui, Figs. 1,21; paras. 87, 143). The Examiner asserts that
because Yasui’s Figure 1 shows that feeding ports 8a and 8b are connected
to oscillator part 2a, when oscillator part 2a is selected by control part 12,
feeding ports 8a and 8b are inherently selected, and the same is true with
respect to oscillator part 2b and feeding ports 8c and 8d. Id. The Examiner
also asserts that because frequencies fl and f2 are assigned to oscillator parts
2a and 2b, respectively, control part 12 therefore selects feeding ports 9a
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Appeal 2016-008764
Application 13/280,018
and 9b to emit microwaves at frequency fl and feeding ports 9c and 9d to
emit microwaves at frequency f2. Id. at 14.
A reference anticipates claimed subject matter only when “[ejvery
element of the claimed invention [is] literally present, arranged as in the
claim.” Perkin-Elmer Corp. v. Computervision Corp., 732 F.2d 888, 894
(Fed. Cir.), cert, denied, 469 U.S. 857 (1984); Kalman v. Kimberly-Clark
Corp. 713 F.2d 760, 771-72 (Fed. Cir. 1983), cert, denied, 465 U.S. 1026
(1984). As explained below, the Examiner has not established that the Yasui
patent publication meets these criteria.
Yasui discloses that oscillator parts, i.e., 2a and 2b, can oscillate at
different frequencies. Yasui para. 17. Yasui further discloses “a control part
to control an oscillation frequency of the oscillator part to be a frequency
where the reflected power to the power amplifier part becomes smallest.”
Id. at para. 20; see also id. at 87. Yasui also discloses that “[t]he control part
12 detects the frequency showing the minimum reflected power, based on
the detected frequency characteristics, and controls the first oscillator part 2a
and the second oscillator part 2b to oscillate at the detected frequency.” Id.
at para. 100. Thus, while Yasui discloses selecting a frequency at which to
oscillate and a control part that assigns a frequency to a feeding port, the
Examiner fails to establish that Yasui discloses selecting at least one of
oscillator parts 2a and 2b, or selecting at least one of feeding ports 8a—8d
and 9a—9d based on the measured power of microwaves reflected back for
some of the feeding ports 8a—8d and 9a—9d. The Yasui method thus is seen
as having the feeding ports always emitting microwaves, even though
possibly at varying frequencies, but regardless of any measurements of “a
power of the microwaves reflected back to the microwave source” as
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Appeal 2016-008764
Application 13/280,018
required by claim 13. Appeal Br. 18 (Claims App.). The Examiner fails to
adequately establish or explain, in view thereof, how Yasui can be
interpreted as disclosing “selecting at least one of the plurality of feeding
ports based on the measured powers,” of microwaves that are reflected back
for each one of at least a plurality of feeding ports, and then feeding
microwaves via the selected feeding port or ports, as claimed.
Accordingly, the Examiner has not established that claims 13 and 16
are anticipated by Yasui. The rejection of independent claims 13 and 16,
and of claims 15, 17—28, and 30, each depending from one of the
independent claims, as being anticipated by Yasui, is not sustained.
Claims 29—Anticipation—Yasui as evidenced by Strattan
The Examiner does not rely on Strattan in any manner that would
remedy the above-noted deficiency in the rejection of claim 13, from which
claim 29 depends. Final Act. 13—14. For the same reasons discussed supra,
we do not sustain the rejection of claim 29.
DECISION
The rejection of claims 13 and 15—30 is reversed.
REVERSED
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