Zhanli Tang et al.

Patent Trials and Appeals Board

Sep 17, 2019

14081211 - (D) (P.T.A.B. Sep. 17, 2019)

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.
14/081,211 11/15/2013 Zhanli Tang HUAW06-83590 8891
90073 7590 09/17/2019
Huawei Technologies Co., Ltd.
Building F1-5, Huawei Industrial Base,
Bantian, Longgang District,
Shenzhen, 518129
CHINA
EXAMINER
JENNISON, BRIAN W
ART UNIT PAPER NUMBER
3761
NOTIFICATION DATE DELIVERY MODE
09/17/2019 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):
uspatent@huawei.com
PTOL-90A (Rev. 04/07)
UNITED STATES PATENT AND TRADEMARK OFFICE
BEFORE THE PATENT TRIAL AND APPEAL BOARD
Ex parte ZHANLI TANG and YAKE FANG
Appeal 2017-010612
Application 14/081,211
Technology Center 3700
Before JAMES R. HUGHES, BETH Z. SHAW, and
NORMAN H. BEAMER, Administrative Patent Judges.
SHAW, Administrative Patent Judge.
DECISION ON APPEAL
Pursuant to 35 U.S.C. § 134(a), Appellant,1 Huawei Technologies
Co., Ltd., appeals from the Examiner’s decision to reject claims 1–5, 7–12,
and 14–16. Claims 1–16 are pending. Final Act. 1. We have jurisdiction
under 35 U.S.C. § 6(b).
We REVERSE.

1 We use the word “Appellant” to refer to “Applicant” as defined in
37 C.F.R. § 1.42(a). Appellant identifies the real party in interest as
HUWAWIE TECHNOLOGIES CO. LTD. Appeal Br. 4.
Appeal 2017-010612
Application 14/081,211
2
CLAIMED SUBJECT MATTER
The claims are directed to an electronic heater. Claim 1, reproduced
below, is illustrative of the claimed subject matter:
1. An electronic heater, comprising an auxiliary power
supply unit, a control unit, a power adjusting unit, and a heating
source, wherein:
the auxiliary power supply unit is configured to supply
power to the control unit;
the control unit is configured to output a detection
voltage signal according to an input voltage of the heating
source, output a power control signal according to a preset
reference power value, and transmit the detection voltage signal
and the power control signal to the power adjusting unit; and
the power adjusting unit is configured to obtain an output
power adjustment signal according to the detection voltage
signal and the power control signal, and adjust an input current
of the heating source according to the power adjustment signal.
REJECTION
Claims 1–5, 8–12, and 16 are rejected under pre–AIA 35 U.S.C.
§ 102(b) as being anticipated by Hori.
Claims 7, 8, 14, and 15 are rejected under pre–AIA 35 U.S.C.
§ 103(a) as being unpatentable over Hori (US 2004/0188417 A1; published
Sept. 30, 2004) in view of Winkler (US 2006/0249499 A1; published Nov.
9, 2006).
Claims 6 and 13 were objected to as being dependent upon a rejected
base claim, but allowable if rewritten in independent form including all of
the limitations of the base claim and any intervening claims.
Appeal 2017-010612
Application 14/081,211
3
OPINION
The Examiner rejects claims 1–5, 8–12, and 16 under pre–AIA
35 U.S.C. § 102(b) as being anticipated by Hori. Figure 1 of Hori is
reproduced below.

Figure 1 of Hori illustrates an electric circuit diagram showing a
configuration of a heater drive circuit. Hori ¶ 30.
Appellant argues Hori does not disclose “the control unit is configured
to output a detection voltage signal according to an input voltage of the
heating source,” as required by claim 1. App. Br. 22–25. We agree because
the output from heater control circuit 115 as shown in Figure 1 of Hori is the
Appeal 2017-010612
Application 14/081,211
4
PWM pulse applied to the gate of FET 108. Hori ¶¶ 81–82. The Examiner
does not sufficiently explain why this PWM pulse constitutes “a detection
voltage signal according to an input voltage of the heating source.” We
agree with Appellant that Hori’s voltage detecting circuit 116 may output a
detection voltage signal according to an input voltage of the heating source,
but it is not shown to constitute the claimed control unit, because voltage
detecting circuit does not output a power control signal as required by claim
1, and the Examiner does not find or explain otherwise. Reply Br. 20.
Rather, the Examiner finds the claimed “control unit” is the heater control
circuit 115. Final Act. 2.
[U]nless a reference discloses within the four corners of the
document not only all of the limitations claimed but also all of
the limitations arranged or combined in the same way as recited
in the claim, it cannot be said to prove prior invention of the
thing claimed and, thus, cannot anticipate under 35 U.S.C.
§ 102.
Net MoneyIn, Inc. v. VeriSign, Inc., 545 F.3d 1359, 1371 (Fed. Cir.
2008).
Thus, it is not enough that the prior art reference discloses part
of the claimed invention, which an ordinary artisan might
supplement to make the whole, or that it includes multiple,
distinct teachings that the artisan might somehow combine to
achieve the claimed invention.
Id.
Accordingly, based on the record before us, we do not sustain the
rejection of independent claim 1 under 35 U.S.C. § 102(b).2 For the same

2 We make no determination as to whether the pending claims would be
rendered obvious based on the references cited in the record or another
combination of references.
Appeal 2017-010612
Application 14/081,211
5
reasons, we do not sustain the rejection of claims 2–5, 8–12, and 16. We do
not sustain the rejection of claims 7, 8, 14, and 15 under 35 U.S.C. § 103(a)
because the Examiner does not allege Winkler overcomes the deficiencies of
Hori discussed above.
DECISION
We reverse the rejection of claims 1–5, 7–12, and 14–16.
DECISION SUMMARY
Claims
Rejected
Basis Affirmed Reversed
1–5, 8–12, 16 § 102(b) 1–5, 8–12, 16
7, 8, 14, 15 § 102(a) 7, 8, 14, 15
Overall
Outcome
1–5, 7–12, 14–
16

REVERSED