Carrier CorporationDownload PDFPatent Trials and Appeals BoardAug 17, 20212020003778 (P.T.A.B. Aug. 17, 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. 15/968,010 05/01/2018 Sumanth Kumar Mukundala 100714US01; 60246-720PUS1 1167 179302 7590 08/17/2021 Carlson, Gaskey & Olds, P.C./Carrier Corporation 400 West Maple Road Suite 350 Birmingham, MI 48073 EXAMINER JIANG, YONG HANG ART UNIT PAPER NUMBER 2689 NOTIFICATION DATE DELIVERY MODE 08/17/2021 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): cgolaw@yahoo.com ptodocket@cgolaw.com PTOL-90A (Rev. 04/07) UNITED STATES PATENT AND TRADEMARK OFFICE ________________ BEFORE THE PATENT TRIAL AND APPEAL BOARD ________________ Ex parte SUMANTH KUMAR MUKUNDALA, ADAM KUENZI, and STEVE SWITZER ________________ Appeal 2020-003778 Application 15/968,010 Technology Center 2600 ________________ Before JASON J. CHUNG, BETH Z. SHAW, and JOYCE CRAIG, Administrative Patent Judges. CHUNG, Administrative Patent Judge. DECISION ON APPEAL Pursuant to 35 U.S.C. § 134(a), Appellant1 appeals the Final Rejection of claims 1–22. We have jurisdiction under 35 U.S.C. § 6(b). We AFFIRM. INVENTION The invention relates to a smart lock system for a hotel or similar building. Spec. ¶ 2. Claim 1 is illustrative of the invention and is reproduced below: 1 We use the word “Appellant” to refer to “applicant” as defined in 37 C.F.R. § 1.42. According to Appellant, United Technologies Corp. is the real party in interest. Appeal Br. 1. Appeal 2020-003778 Application 15/968,010 2 1. A door lock system comprising: a controller including a processor and a memory and being configured to interface with a smart lock; an exterior face plate on a first side of a door; an interior face plate on a second side of the door, the second side of the door facing an interior of a room while the door is in a closed position; and a display screen disposed in said interior face plate, the display screen being connected to the controller, wherein the display screen is an input device and an output device. Appeal Br. 6 (Claims Appendix). REJECTIONS The Examiner rejects claims 1–5, 11, 13, 14, and 17–19 under 35 U.S.C. § 103 as being unpatentable over the combination of Allibhoy (US 2017/0221290 A1; published Aug. 3, 2017), Black (US 2013/0088320 A1; published Apr. 11, 2013), and Yumoto (US 2007/0033415 A1; published Feb. 8, 2007). Final Act. 2–6. The Examiner rejects claims 6 and 15 under 35 U.S.C. § 103 as being unpatentable over the combination of Allibhoy, Black, Yumoto, and Park (US 2007/0102511 A1; published May 10, 2007). Final Act. 6. The Examiner rejects claims 7 and 16 under 35 U.S.C. § 103 as being unpatentable over the combination of Allibhoy, Black, Yumoto, Park, and Kolls (US 5,619,024; issued Apr. 8, 1997). Final Act. 7. The Examiner rejects claim 8 under 35 U.S.C. § 103 as being unpatentable over the combination of Allibhoy, Black, Yumoto, Park, and Hefner (US 2005/0284930 A1; published Dec. 29, 2005). Final Act. 7–8. Appeal 2020-003778 Application 15/968,010 3 The Examiner rejects claim 9 under 35 U.S.C. § 103 as being unpatentable over the combination of Allibhoy, Black, Yumoto, and Singh (US 2015/0284976 A1; published Oct. 8, 2015). Final Act. 8.2 The Examiner rejects claim 10 under 35 U.S.C. § 103 as being unpatentable over the combination of Allibhoy, Black, Yumoto, and Izumi (US 2007/0035745 A1; published Feb. 15, 2007). Final Act. 8–9.3 The Examiner rejects claim 12 under 35 U.S.C. § 103 as being unpatentable over the combination of Allibhoy, Black, Yumoto, and Candelore (US 2013/0232524 A1; published Sept. 5, 2013). Final Act. 9. The Examiner rejects claim 20 under 35 U.S.C. § 103 as being unpatentable over the combination of Allibhoy, Black, Yumoto, and Kasower (US 2007/0043577 A1; published Feb. 22, 2007). Final Act. 9–10. The Examiner rejects claims 21–22 under 35 U.S.C. § 103 as being unpatentable over the combination of Allibhoy, Black, Yumoto, and Al- Qassem (US 2009/0249693 A1; published Oct. 8, 2009). Final Act. 10–11. ANALYSIS The Examiner finds that Allibhoy teaches connecting a processor and memory to a smart lock. Final Act. 3 (citing Allibhoy ¶ 39, Figs. 2–3). The Examiner finds that Black teaches a guest room has an input device or programming to operate a touch screen interface. Final Act. 4 (citing Black 2 The Examiner refers to this combination as Allibhoy, Yumoto, Black, and Singh. Final Act. 8. However, claim 9 depends from claim 1 (i.e., rejected over the combination of Allibhoy, Black, and Yumoto) indirectly. We, therefore, interpret this as a typographical error and refer to this combination as Allibhoy, Black, Yumoto, and Singh. 3 The Examiner refers to this combination as Allibhoy, Yumoto, Black, and Izumi, but we interpret this as a typographical error and refer to this as Allibhoy, Black, Yumoto, and Izumi. See n.2. Appeal 2020-003778 Application 15/968,010 4 ¶¶ 24–26, 37). Moreover, the Examiner finds Yumoto teaches integrating an interior side of a door lock with a touch screen. Final Act. 4 (citing Yumoto ¶¶ 83, 84, Fig. 3). In addition, the Examiner finds that electronic devices can be integrated or can be separate devices. Final Act. 4 (citing MPEP § 2144). The Examiner concludes that a person having ordinary skill in the art at the time of the invention (hereinafter “PHOSITA”) would combine Allibhoy, Black, and Yumoto to integrate a display with an input device and an output device in order to have less components, which makes installation of a security system easier. Ans. 3; Final Act. 4. Appellant argues the Examiner does not provide the requisite evidence to establish a sufficient obviousness rationale. Appeal Br. 3–4. Furthermore, Appellant argues that incorporating Black’s display into Allibhoy’s faceplate would make installation of a faceplate more difficult because door systems have physical space limitations and once they are installed, they cannot be moved easily to facilitate wireless/wired data connections. Id. at 3. In addition, Appellant argues the Examiner’s rationale is flawed because it relies on a “making things integral” obviousness reasoning where a single reference has all of the components. Id. at 4. We disagree with Appellant. Appellant’s first argument pertaining to the lack of requisite evidence to support a sufficient obviousness rationale is unavailing. Appeal Br. 3–4. The Examiner finds that Black and Yumoto teach a lock with an integrated display. Final Act. 4 (citing Black ¶¶ 24–26, 37; Yumoto ¶¶ 83, 84, Fig. 3). Notably, Appellant does not proffer specific arguments to address Yumoto, which illustrates an integrated display and locking system. Final Act. 4 (citing Yumoto ¶¶ 83, 84, Fig. 3). Appeal 2020-003778 Application 15/968,010 5 Appellant’s second argument pertaining to the difficulty of combining Allibhoy and Black is not based on evidence. That is, Appellant provides no declaration or other form of evidence to support its assertions. Rather, Appellant’s assertions essentially consist of attorney argument, which does not persuade us the Examiner erred. See In re Geisler, 116 F.3d 1465, 1470 (Fed. Cir. 1997) (“attorney argument [is] not the kind of factual evidence that is required to rebut a prima facie case of obviousness”). Appellant’s argument that the Examiner’s reliance on MPEP § 2144 is flawed because it “refers to instances where a single reference has all the components,” is unavailing. Appeal Br. 4. While MPEP § 2144 discusses a case in which the use of a one piece construction instead of the structure disclosed in the prior art would be merely a matter of obvious engineering choice, MPEP § 2144 does not require that the integration of components be within one reference only. Id.; Ans. 4. As discussed above, the Examiner concludes that a PHOSITA would combine Allibhoy, Black, and Yumoto to integrate a display with an input device and an output device in order to have less components, which makes installation of a security system easier. Ans. 3; Final Act. 4. We agree, and therefore, determine the Examiner has set forth sufficient “articulated reasoning with some rational underpinning to support the legal conclusion of obviousness.” KSR Int’l Co. v. Teleflex Inc., 550 U.S. 398, 418 (2007) (quoting In re Kahn, 441 F.3d 977, 988 (Fed. Cir. 2006)). Appellant has not shown that integrating the display would have been uniquely challenging or otherwise beyond the level of ordinarily skilled artisans. See Leapfrog Enters., Inc. v. Fisher-Price, Inc., 485 F.3d 1157, 1161–62 (Fed. Cir. 2007) (“Applying modern electronics to older mechanical devices has been commonplace in recent years.”). Appeal 2020-003778 Application 15/968,010 6 Appellant does not argue claims 2–22 separately with particularity. Appeal Br. 3–5. Accordingly, we sustain the Examiner’s rejection of: (1) independent claims 1 and 13; and (2) dependent claims 2–12 and 14–22 under 35 U.S.C. § 103. We have only considered those arguments that Appellant actually raised in the Briefs. Arguments Appellant could have made, but chose not to make, in the Briefs have not been considered and are deemed to be waived. See 37 C.F.R. § 41.37(c)(1)(iv). CONCLUSION Claim(s) Rejected 35 U.S.C. § Reference(s)/Basis Affirmed Reversed 1–5, 11, 13, 14, 17–19 103 Allibhoy, Black, Yumoto 1–5, 11, 13, 14, 17–19 6, 15 103 Allibhoy, Black, Yumoto, Park 6, 15 7, 16 103 Allibhoy, Black, Yumoto, Park, Kolls 7, 16 8 103 Allibhoy, Black, Yumoto, Park, Hefner 8 9 103 Allibhoy, Black, Yumoto, Singh 9 10 103 Allibhoy, Black, Yumoto, Izumi 10 12 103 Allibhoy, Black, Yumoto, Candelore 12 20 103 Allibhoy, Black, Yumoto, Kasower 20 Appeal 2020-003778 Application 15/968,010 7 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). See 37 C.F.R. § 1.136(a)(1)(iv). AFFIRMED 21, 22 103 Allibhoy, Black, Yumoto, Al- Qassem 21, 22 Overall Outcome 1–22 Copy with citationCopy as parenthetical citation