3M INNOVATIVE PROPERTIES COMPANYDownload PDFPatent Trials and Appeals BoardMay 29, 20202019006485 (P.T.A.B. May. 29, 2020) 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. 15/535,566 06/13/2017 Andrew J. McGregor 76279US004 1015 32692 7590 05/29/2020 3M INNOVATIVE PROPERTIES COMPANY PO BOX 33427 ST. PAUL, MN 55133-3427 EXAMINER EKRAMI, YASAMIN ART UNIT PAPER NUMBER 3794 NOTIFICATION DATE DELIVERY MODE 05/29/2020 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): LegalUSDocketing@mmm.com PTOL-90A (Rev. 04/07) UNITED STATES PATENT AND TRADEMARK OFFICE ____________________ BEFORE THE PATENT TRIAL AND APPEAL BOARD ____________________ Ex parte ANDREW J. MCGREGOR and JAMES E. NASH __________________ Appeal 2019-006485 Application 15/535,566 Technology Center 3700 ____________________ Before JENNIFER D. BAHR, JAMES P. CALVE, and WILLIAM A. CAPP, Administrative Patent Judges. CALVE, Administrative Patent Judge. DECISION ON APPEAL STATEMENT OF THE CASE Pursuant to 35 U.S.C. § 134(a), Appellant1 appeals from the decision of the Examiner to reject claims 1–4 and 6–16, which are all the pending claims. We have jurisdiction under 35 U.S.C. § 6(b). We REVERSE. 1 “Appellant” refers to “applicant” as defined in 37 C.F.R. § 1.42. Appellant identifies 3M Company as the real party in interest. Appeal Br. 2. Appeal 2019-006485 Application 15/535,566 2 CLAIMED SUBJECT MATTER Claim 1, the sole independent claim, is reproduced below. 1. A convective system, comprising: an inflatable convective device having a single pneumatic structure and two openings into the single pneumatic structure, wherein at least part of the convective device is air permeable; a hose manifold comprising: a hose connector configured to connect to a hose, two outlet connectors configured to connect to the two openings respectively, wherein the hose connector and the two output connectors are in fluid connection, wherein at least one of the two outlet connectors further comprises a flexible flap configured to prevent slipping. REJECTIONS Claims 1, 2, 14, and 15 are rejected under 35 U.S.C. § 103 as unpatentable over Farnworth (US 2006/0174392 A1, pub. Aug. 10, 2006), Berke (US 5,304,213, iss. Apr. 19, 1994), and Oliver (US 2010/0076530 A1, pub. Mar. 25, 2010). Claim 3 is rejected under 35 U.S.C. § 103 as unpatentable over Farnworth, Berke, Oliver, and Hooker (US 5,062,424, iss. Nov. 5, 1991). Claim 4 is rejected under 35 U.S.C. § 103 as unpatentable over Farnworth, Berke, Oliver, and Augustine ’596 (US 2003/0195596 A1, pub. Oct. 16, 2003). Claims 6–8 is rejected under 35 U.S.C. § 103 as unpatentable over Farnworth, Berke, Oliver, and Arnold (US 6,679,432 B1, iss. Jan. 20, 2004). Claim 9 is rejected under 35 U.S.C. § 103 as unpatentable over Farnworth, Berke, Oliver, and Panser (US 2015/0335470 A1, pub. Nov. 26, 2015). Appeal 2019-006485 Application 15/535,566 3 Claim 10 is rejected under 35 U.S.C. § 103 as unpatentable over Farnworth, Berke, Oliver, and Rose (US 2011/0095523 A1, pub. Apr. 28, 2011). Claim 11–13 is rejected under 35 U.S.C. § 103 as unpatentable over Farnworth, Berke, Oliver, and Augustine ’025 (US 5,824,025, iss. Oct. 20, 1998). Claim 16 is rejected under 35 U.S.C. § 103 as unpatentable over Farnworth, Berke, Oliver, and Olsen (US 2011/0176273 A1, pub. July 21, 2011). ANALYSIS Claims 1, 2, 14, and 15 Rejected over Farnworth, Berke, and Oliver The Examiner finds that Farnworth teaches a convective system as recited in claim 1 with an inflatable convective device, pneumatic structure (cooling garment 1) with two openings to receive outlet connectors (hollow elongate members 19, 20) configured to connect to the two openings, and a hose manifold (Figure 7). Final Act. 3; Ans. 3–4 (finding members 19, 20 connect to two separate openings in garment 1 as shown in Figure 1).2 The Examiner cites Berke to teach a pneumatic structure (blanket 70) with an air pervious bottom layer 71 and an air impervious top layer 72 that forms an air chamber in communication with two separate openings 73, 74. Final Act. 4; Ans. 4. The Examiner determines it would have been obvious to provide two openings in a single pneumatic structure of Farnworth for the convenience of use by medical personnel as Berke teaches. Final Act. 4. 2 All citations to the Examiner’s Answer refer to the Examiner’s Answer mailed June 28, 2019. Appeal 2019-006485 Application 15/535,566 4 The Examiner cites Oliver to teach a cooling garment with an array of tubes to pass heated/cooled fluid to heat or cool a wearer of the garment and outlet connectors with a flexible flap to prevent slipping. Final Act. 4. The Examiner finds that “[r]eleasable latch 22, 34, 40, Fig. 4 which reads on the claimed ‘flexible flap’ allows separation of a connector that connects tubes to a source of heated/cooled liquid.” Ans. 4–5; see also Final Act. 4. Based on these findings, the Examiner determines that: [I]t would have been obvious to one of ordinary skill in the art to modify the connectors or elongated members of Farnworth such that they comprise [a] flexible flap in the connectors or elongate members for the purposes of releasably engaging with the manifold and providing a connection between the single pneumatic garment and the source of heating and cooling. Ans. 5; see also Final Act. 4–5 (it would have been obvious to modify Farnworth’s outlet connectors to add a flexible flap to releasably engage the connectors at the connector or manifold with heated or cooled fluid). Appellant argues that Oliver teaches an outlet connector as pipes 19a, 19b, but the flexible flap is positioned on a hose connector rather than outlet connector pipes 19a, 19b and thus Oliver lacks a flexible flap on at least one outlet connector as claimed. Appeal Br. 6. Appellant argues that a skilled artisan would not include a flexible flap on Farnworth’s outlet connector because it is fixedly connected to the hose manifold and would not benefit from a flexible flap. Id. Thus, a dispositive issue is whether the Examiner has articulated a reason with rational underpinnings as to why it would have been obvious, in view of the teachings of Oliver, to modify Farnworth “wherein at least one of the two connectors further comprises a flexible flap configured to prevent slipping” as claimed. Appeal 2019-006485 Application 15/535,566 5 The claimed flexible flap prevents an outlet connector from slipping from an opening of a pneumatic structure. Appellant’s Figures 8B and 8C are reproduced below to illustrate the outlet connector and the flexible flap. Figure 8B illustrates manifold 800B, hose connector 830B, and outlet connectors 810B, 820B, which are configured to connect to openings in a tubular convective device (annotated). Spec. ¶ 60. Figure 8C illustrates hose manifold 830C with two outlet connectors 810C, 820C and flexible flaps 850C on each outlet connector. Id. ¶ 61. Appeal 2019-006485 Application 15/535,566 6 Oliver teaches a release member 40 comprising first latch part 22 and second latch part 34 as illustrated in Figure 4, which is reproduced below. Oliver’s Figure 4 illustrates a connector comprising first part 15 with first latch part 22 that releasably engages second latch part 34 of second part 17 to connect second part 17 and first part 15. Oliver ¶¶ 15–21. Pipes 19a, 19b are comparable to the claimed “outlet connectors” as they connect to openings in inlet tube 13 and outlet tube 14 that pass heated or cooled fluid to vest 10 to heat or cool a wearer of that garment. Id. ¶¶ 12– 15. Figure 4 above illustrates the pipes with a circumferential flange or flap that retains the tubes on the pipes.3 See id. ¶ 15. Even if first latch part 22 and second latch part 34 are considered to be “a flexible flap,” they do not prevent an outlet connector from slipping as claimed. They connect first part 15 with its pipes 19a, 19b and tubes 13, 14 to second part 17 with its pipes 30a, 30b and tubes. Id. ¶¶ 15–20. 3 Appellant’s Specification describes alternative structure of the flexible flap as a ridge or flange of flexible material that encircles an entire circumference of the hose manifold. Spec. ¶ 61. Appeal 2019-006485 Application 15/535,566 7 To the extent the Examiner relies on first or second latch part 22, 34 individually to teach a “flexible flap,” neither flap by itself is configured to prevent slipping of parts 15, 17 or any other element. Instead, first latch part 22 is configured to engage second latch part 34 to connect parts 15, 17. Id. When first part 15 is connected to second part 17, head 23 on first latch part 22 engages head 35 of second latch part 34 to prevent latches 22, 34 and parts 15, 17 from being disengaged. Id. ¶ 23. Therefore, each latch part 22, 34 is “configured to prevent slipping” of the other latch part. We are not persuaded that a skilled artisan would have been motivated to include such a latch on Farnworth’s outlet connector(s) 19, 20 to prevent either outlet connector 19, 20 from slipping from an opening in garment 1. Farnworth illustrates outlet connectors 19, 20 inserted through openings in outer gas impermeable substrate 2 of cooling garment 1 in Figure 1. It is not clear how placing either latch 22, 34 on either outlet connector 19, 20 would prevent either outlet connector 19, 20 from slipping out of an opening in cooling garment 1 when each latch 22, 34 is configured to engage the other latch rather than a substrate or garment. Nor are we persuaded that a skilled artisan would have been motivated to include a second latch on a substrate or garment 1 of Farnworth to engage a first latch on an outlet connector 19, 20 when Oliver forms each latch 22, 34 as part of a housing 21, 28 of each respective part 15, 17 of connector 16. See id. ¶¶ 12–20, Figs. 4, 5. Configuring Farnworth’s outlet connectors 19, 20 with a flexible flap that releasably engages the connectors at the connector or manifold with the source of heated or cooled fluid as the Examiner proposes (Final Act. 4–5; Ans. 5) does not teach a flexible flap configured to prevent slipping of the outlet connector from an opening in a pneumatic structure as claimed. Appeal 2019-006485 Application 15/535,566 8 Thus, we do not sustain the rejection of claim 1 or claims 2, 14, and 15, which depend therefrom. Rejections of Dependent Claims 3, 4, 6–13, and 16 The Examiner’s reliance on Hooker, Augustine ’596, Arnold, Panser, Rose, Augustine ’025, and Olsen to teach features of claims 3, 4, 6–13, and 16 does not overcome the above-noted deficiencies of Farnworth, Berke, and Oliver as to claim 1 from which these claims depend. See Final Act. 5–12. Thus, we do not sustain the rejection of these claims. CONCLUSION Claims Rejected 35 U.S.C. § Reference(s)/ Basis Affirmed Reversed 1, 2, 14, 15 103 Farnworth, Berke, Oliver 1, 2, 14, 15 3 103 Farnworth, Berke, Oliver, Hooker 3 4 103 Farnworth, Berke, Oliver, Augustine ’596 4 6–8 103 Farnworth, Berke, Oliver, Arnold 6–8 9 103 Farnworth, Berke, Oliver, Panser 9 10 103 Farnworth, Berke, Oliver, Rose 10 11–13 103 Farnworth, Berke, Oliver, Augustine ’025 11–13 16 103 Farnworth, Berke, Oliver, Olsen 16 Overall Outcome 1–4, 6–16 REVERSED Copy with citationCopy as parenthetical citation