Lenovo (Singapore) Pte. Ltd.Download PDFPatent Trials and Appeals BoardJun 2, 20212020001537 (P.T.A.B. Jun. 2, 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. 14/971,596 12/16/2015 Ali Kathryn Ent RPS920150214 018-019 1833 124906 7590 06/02/2021 The Small Patent Law Group LLC 225 S. Meramec, Suite 725 St. Louis, MO 63105 EXAMINER TEITELBAUM, MICHAEL E ART UNIT PAPER NUMBER 2422 NOTIFICATION DATE DELIVERY MODE 06/02/2021 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): docket@splglaw.com jleclair@splglaw.com PTOL-90A (Rev. 04/07) UNITED STATES PATENT AND TRADEMARK OFFICE ____________ BEFORE THE PATENT TRIAL AND APPEAL BOARD ____________ Ex parte ALI KATHRYN ENT, CUONG HUY TRUONG, BRIAN WILLIAM WALLACE, and THOMAS PERELLI _____________ Appeal 2020-001537 Application 14/971,596 Technology Center 2400 ____________ Before ELENI MANTIS MERCADER, ADAM J. PYONIN, and GARTH D. BAER, Administrative Patent Judges. PYONIN, Administrative Patent Judge. DECISION ON APPEAL Pursuant to 35 U.S.C. § 134(a), Appellant1 appeals from the Examiner’s rejection. We have jurisdiction under 35 U.S.C. § 6(b). We AFFIRM. 1 We use the word “Appellant” to refer to “applicant” as defined in 37 C.F.R. § 1.42. Appellant identifies Lenovo (Singapore) Pte. Ltd. as the real party in interest. Appeal Br. 3. Appeal 2020-001537 Application 14/971,596 2 STATEMENT OF THE CASE Introduction The application is directed to “electronic devices that have detachable electronic accessories.” Spec. ¶ 1. Claims 1–22 are pending; claims 1, 11, 13, and 21 are independent. Appeal Br. 55–59. Claims 5, 7, 9, 10, and 15 are indicated as containing allowable subject matter. Final Act. 2. Claim 1 is reproduced below for reference: 1. An electronic assembly, comprising: an electronic device having a housing and one or more processors to manage operation of the electronic device, the one or more processors provided within the housing, the housing including a device alignment feature and device connector; and a self-aligning electronic accessory including a body that houses one or more of a processor, wireless transceiver, local storage, speakers, camera and infrared sensor, the body including an accessory alignment feature and accessory connector, the accessory alignment feature and accessory connector spaced and dimensioned apart from each other to align with the respective device alignment feature and device connector, the self-aligning electronic accessory directly mounted onto the electronic device. The Examiner’s Rejections The Examiner relies on the following prior art: Name Reference Date Rohrbach US 2007/0072443 A1 Mar. 29, 2007 Rapp US 2008/0070500 A1 Mar. 20, 2008 Klarke US 2013/0111521 A1 May 2, 2013 Thiers US 2017/0062999 A1 Mar. 2, 2017 Appeal 2020-001537 Application 14/971,596 3 Claims 1–4, 8, 11–14, 16, 17, and 19–22 stand rejected under 35 U.S.C. § 103 as being unpatentable over Rohrbach, Rapp, and Klarke. Final Act. 2.2 Claims 6 and 18 stand rejected under 35 U.S.C. § 103 as being unpatentable over Rohrbach, Rapp, Klarke, and Thiers. Final Act. 12. ANALYSIS We have reviewed the Examiner’s rejections in light of Appellant’s arguments. Arguments Appellant could have made but chose not to make are deemed to be waived. See 37 C.F.R. § 41.37(c)(1)(iv) (2018). We disagree with Appellant that the Examiner erred and adopt as our own the findings and reasons set forth by the Examiner, to the extent consistent with our analysis below. We add the following primarily for emphasis. Claim 1 Appellant argues that “the claimed electronic assembly cannot fairly be interpreted to merely refer to Rohrbach’s electrical plug” (Appeal Br. 16), because in every embodiment in Rohrbach, the plug is joined to a physical cable that is in turn connected to a physically separate device, namely device 50. Rohrbach does not describe the physical components within device 50. Regardless, the device 50 is separate and distinct from the plug 110 and plug body 112. 2 The heading of the rejection incorrectly lists claim 7 instead of claim 8 as rejected. Final Act. 2, 9. The heading of the rejection incorrectly lists claim 15 as rejected, whereas claim 15 is indicated as containing allowable subject matter. Final Act. 2. The heading of the rejection also omits reference to claims 19 and 20; claims 19 and 20 stand rejected as being unpatentable over Rohrbach, Rapp, and Klarke. Final Act. 2, 11. We find these to constitute harmless error. Appeal 2020-001537 Application 14/971,596 4 Appeal Br. 16 (emphasis removed). Appellant contends that “[t]he Final Office Action interpret[ation] on page 4 . . . is improperly equating the magnets in Rohrbach with the device and accessory self-alignment features described in claim 1.” Appeal Br. 17, citing Rohrbach Fig. 3, Spec. Figs. 1A–B. Appellant further argues that “Rapp does not describe the self- aligning of claim 1” (Appeal Br. 19), and that a comparison of portions of Rapp to Appellant’s disclosure indicates that “the terms self-aligning, self- alignment and the like are quite clear.” Appeal Br. 21, citing Rapp ¶¶ 3, 47, Fig. 10, Spec. ¶¶ 34–39, Fig. 1B. Appellant contends that “Rapp renders Rohrbach unsuitable for its intended purpose” because “Rapp’s intended use is eliminating direct electrical contact for control and inter-module communication” whereas “Rohrbach clearly describes a direct electrical contact.” Appeal Br. 22 (emphasis omitted). We are not persuaded the Examiner errs. The Examiner finds, and we agree, that Rohrbach’s magnetically connected electronics teaches the claimed electronic assembly and Rohrbach’s second device 60 teaches the claimed electronic device. Ans. 14; Rohrbach Fig. 3. Regarding the claimed “accessory alignment feature and accessory connector,” the Examiner finds, and we agree, that Rohrbach clearly teaches magnet 130 [and] magnet 170 [correspond to accessory and device alignment features], [and] electrical contact 120 and electrical contact 160 [correspond to accessory and device connectors] [that are] separate and distinct components, i.e. they are each separately labeled distinct features as disclosed (Ans. 15), and Rohrbach Figure 4 illustrates that “device feature and connector 170 and 160 are included within the electronic device 60” and Appeal 2020-001537 Application 14/971,596 5 “magnet 130, magnet 170, electrical contact 120 and electrical contact 160 are all spaced and dimensioned in such a way that they fit together when properly connected.” Ans. 15. Appellant does not persuade us the Examiner’s interpretation of the term “self-aligning” to “include any feature that would allow two connectors to be guided into an appropriate alignment when they are within some proximity of each other” (Ans. 16 (emphasis omitted), citing Spec. ¶ 36) is in error. We agree with the Examiner that “Rohrbach teaches the magnetic coupling which by definition will experience a force when sufficiently close” and Rapp teaches “the explicit use of the term ‘self-aligning’ within the context of using magnetic forces to self-align electronic devices.” Ans. 16. Appellant’s comparison of portions of Rapp to Appellant’s disclosure, in contrast, does not show patentable differences between Rapp and the claimed invention. See Appeal Br. 21. Regarding the Examiner’s combination of the teachings of Rohrbach and Rapp, we further agree with the Examiner that “[t]he prior art invention being modified is Rohrbach therefore, the intended use of Rapp is not under scrutiny” (Ans. 17), and that “those of ordinary skill would understand that borrowing a known connector device from a disclosed prior art invention would not require borrowing the entire device.” Ans. 17. In sum, we find no error in the Examiner’s detailed findings with respect to Rapp and Rohrbach, and Appellant does not address the Examiner’s findings as no Reply was filed. Appeal 2020-001537 Application 14/971,596 6 Appellant further argues that Klarke lacks the “self-aligning feature” (Appeal Br. 23) and does not overcome “the deficiency of modifying Rohrbach with Rapp.” Appeal Br. 24. Appellant contends “Klarke describes a direct electrical contact for data communication and/or control signals” that is “a clear conflict between the intended purposes of Klarke and Rapp.” Appeal Br. 24. Appellant further contends that the rejection “is applying improper hindsight reconstruction” and “no legitimate rationale for the modification [of Rohrbach with Klarke] is provided.” Appeal Br. 24, 25. Appellant further contends “the person of ordinary skill would have exactly the opposite motivation, namely to NOT make the suggested modification.” Appeal Br. 25 (emphasis omitted). Regarding “the intended purposes of Klarke and Rapp” (Appeal Br. 24), we find this argument is unpersuasive for the same reasons discussed above regarding combining the teachings of Rohrbach and Rapp. We agree with the Examiner that one of ordinary skill, at the time of the invention, would combine Klarke’s electronic connection teachings with the other references in the manner claimed. See Ans. 19. Particularly, we agree with the Examiner’s reasoning showing that one skilled in the art would combine the teachings of Klarke with those of Rohrbach. Ans. 6, citing Klarke ¶ 4.3 The Examiner finds, and we agree, that Rohrbach itself teaches the present disclosure is applicable to various types of connectors, which provide electrical connection in the form of 3 We separately note that Rohrbach, alone, teaches the accessory body houses one or more of a processor, wireless transceiver, local storage, speakers, camera and infrared sensor, as claimed. Rohrbach discloses the plug can include “logic circuitry” or “identification circuitry.” Rohrbach ¶ 64, 74; see also Rohrbach ¶¶ 62, 69, 70, and 78. Appeal 2020-001537 Application 14/971,596 7 power and/or signals between an electronic device and any of a number of electronic devices or electrical relations. Rohrbach ¶ 82; Ans. 19–20. Klarke, further, teaches the benefits of connecting modules with different functionality. See Klarke ¶¶ 4, 16. Artisans of ordinary skill in the art, having reviewed the teachings of Rohrbach, Rapp, and Klarke, would place Klarke’s circuitry inside Rohrbach’s device as modified by Rapp to arrive at the claimed self-aligning electronic accessory, because “those of ordinary skill would certainly understand that any electrical connection technology, would on the whole be applicable to other types of connection as connectors often share common features such as male and female ends, specific pin configurations, fasteners etc.” Ans. 20. Accordingly, we sustain the Examiner’s obviousness rejection of independent claim 1, as well as dependent claims 2 and 3 not separately argued with particularity. See Appeal Br. 41–42. While Appellant separately argues the rejection of independent claims 11, 13, and 21 (see Appeal Br. 27–41), the arguments substantially replicate the arguments submitted for independent claim 1, and we sustain the Examiner’s obviousness rejections using the reasoning above. Similarly, we sustain the Examiner’s rejection of dependent claims 12, 14, 17, 19, 20, and 22 not separately argued with particularity. See Appeal Br. 43–46, 50–52. Appeal 2020-001537 Application 14/971,596 8 Claim 4 Claim 4 recites The electronic assembly of claim 1, wherein the body of the electronic accessory is elongated and includes a mating face to directly mount onto the housing, the accessory alignment feature includes a standoff that projects outward from the mating face by a height greater than a height of an outer surface of the accessory connector, the device alignment feature including a cavity within a mating face provide on the housing, the standoff sized and dimensioned to fit the cavity in connection with self-alignment. Appellant argues that “Rohrbach does not teach or suggest any structure that could be legitimately interpreted as a standoff,” because in two embodiments illustrated in Rohrbach, “the magnet is embedded within the plug body, while the electrical contacts project outward beyond the magnet.” Appeal Br. 43, citing Rohrbach Figs. 6–7. We do not agree with Appellant’s argument. The Examiner finds, and we agree, that Rohrbach teaches in Figure 7 guides 119 and 159. Guide 119 is clearly a standoff that is clearly sized and dimensioned to fit inside the cavity of guide 159. Furthermore, [Rohrbach ¶ 39] in reference to these features Rohrbach teaches they are used for proper alignment. Ans. 21. Appellant does not persuade us of error in the Examiner’s detailed findings. Accordingly, we sustain the Examiner’s rejection of claim 4, as well as claim 16 commensurate in scope. Appeal 2020-001537 Application 14/971,596 9 Claim 8 Claim 8 recites The electronic assembly of claim 1, wherein the electronic device comprises a display presenting video content that is received by the electronic accessory and conveyed from the electronic accessory to the electronic device through the accessory and device connectors. Appellant argues that each of Rohrbach, Rapp, and Klarke “has a single connection point” and “[i]t follows that each reference separately and in combination fail to disclose the subject matter of claim 8, which does describe and illustrate that video is conveyed through the accessory and device connectors.” Appeal Br. 50. We do not agree with Appellant’s argument. The Examiner finds, and we agree, that Accessory connectors are interpreted elements that make an electrical connection and are located on the accessory device. Device connectors are interpreted elements that make an electronic connection and are located on the electronic device. Klarke teaches a plurality of leads 208 in Figure 3 located on an accessory, internet access card 102. This means that Klarke teaches plural accessory connectors (leads 208). Klarke further teaches transmitting video from access card 102 to television 100 which clearly has a reciprocal connection point such that mating between the card 102 and television 100 can occur as in Figure 1. For further clarification Table 1 in [Klarke ¶ 19] teaches the pinout of the connectors in which various pins are used for HDMI outputting. This is equivalent video that is conveyed through accessory and device connectors. Ans. 22–23. Appellant does not persuade us of error in the Examiner’s detailed findings. Accordingly, we sustain the Examiner’s rejection of claim 8. Appeal 2020-001537 Application 14/971,596 10 Claim 6 Claim 6 recites The electronic assembly of claim 1, wherein the accessory connector is located within the accessory alignment feature and the device connector is located within the device alignment feature. Appellant argues that “Thiers discloses a single connector port” (Appeal Br. 48), whereas the claim language of claim 6 states that the accessory connector is located within the accessory alignment feature and the device connector is located within the device alignment feature. In the current application the accessory connector and the device connector are separate and distinct, unlike Thiers. Appeal Br. 48, citing Thiers ¶ 38, Fig. 1. We do not agree with Appellant’s argument. The Examiner finds, and we agree, that [a]s can be seen from [Thiers’] Figure 1 and further clarification using [Thiers ¶ 39] the connecting system 12 may include an alignment feature 25 for magnetically coupling the electronic device 14 with the dock interface assembly 40. Dock housing 41 or magnet holder 46 may have a corresponding alignment feature such as an outer perimeter to be received by the alignment feature 25. Examiner interprets that the dock interface assembly 40 is equivalent to an accessory and the outer perimeter of the dock housing 41 or magnet holder 46 is equivalent to an accessory alignment feature. Electronic device 14 is equivalent to an electronic device and alignment feature 25 is equivalent to a device alignment feature. Ans. 21. We further agree with the Examiner that “[t]he conductive traces 32 and contacts 50 are equivalent to connectors because this is where the electrical connection takes place” and “traces 32 are located inside of circle Appeal 2020-001537 Application 14/971,596 11 defined by alignment feature 25 and contacts 50 are located inside of outer perimeters 41 or 46. Therefore, the claimed limitations are met.” Ans. 22, citing Thiers ¶ 38, Fig. 1. Appellant does not persuade us of error in the Examiner’s detailed findings. Accordingly, we sustain the Examiner’s rejection of claim 6, as well as claim 18 commensurate in scope. DECISION SUMMARY TIME PERIOD FOR RESPONSE No time period for taking any subsequent action in connection with this appeal may be extended under 37 C.F.R. § 1.136(a)(1)(iv). AFFIRMED Claims Rejected 35 U.S.C. § Reference(s)/ Basis Affirmed Reversed 1–4, 8, 11– 14, 16, 17, 19– 22 103 Rohrbach, Rapp, Klarke 1–4, 8, 11–14, 16, 17, 19–22 6, 18 103 Rohrbach, Rapp, Klarke, Thiers 6, 18 OVERALL OUTCOME 1–4, 6, 8, 11–14, 16–22 Copy with citationCopy as parenthetical citation