DENSO CORPORATIONDownload PDFPatent Trials and Appeals BoardJun 4, 20212020000844 (P.T.A.B. Jun. 4, 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. 14/168,388 01/30/2014 Sho YAMADA RYM-2635-1391 4993 23117 7590 06/04/2021 NIXON & VANDERHYE, PC 901 NORTH GLEBE ROAD, 11TH FLOOR ARLINGTON, VA 22203 EXAMINER O TOOLE, COLLEEN J ART UNIT PAPER NUMBER 2849 NOTIFICATION DATE DELIVERY MODE 06/04/2021 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): PTOMAIL@nixonvan.com pair_nixon@firsttofile.com PTOL-90A (Rev. 04/07) UNITED STATES PATENT AND TRADEMARK OFFICE ____________________ BEFORE THE PATENT TRIAL AND APPEAL BOARD ____________________ Ex parte SHO YAMADA, YOSUKE WATANABE, JUNICHI FUKUTA, and TSUNEO MAEBARA ____________________ Appeal 2020-000844 Application 14/168,3881 Technology Center 2800 ____________________ Before JAMES C. HOUSEL, MICHELLE N. ANKENBRAND, and JULIA HEANEY, Administrative Patent Judges. HOUSEL, Administrative Patent Judge. DECISION ON APPEAL A. STATEMENT OF THE CASE Appellant filed an appeal under 35 U.S.C. § 134(a) from the Examiner’s final decision rejecting claims 6, 7, 15, 16, and 29–31, which constitute all the claims pending in this application. We have jurisdiction under 35 U.S.C. § 6(b).2 We REVERSE. 1 We use the word Appellant to refer to “applicant” as defined in 37 C.F.R. § 1.42. Appellant identifies Denso Corporation as the real party in interest. Appeal Brief (“Appeal Br.”) filed May 17, 2019, 3. 2 Our Decision additionally refers to the Specification (“Spec.”) filed January 30, 2014, the Final Office Action (“Final Act.”) dated February 26, 2019, the Examiner’s Answer (“Ans.”) dated September 20, 2019, and the Reply Brief (“Reply Br.”) filed November 13, 2019. Appeal 2020-000844 Application 14/168,388 2 The subject matter on appeal relates to an electronic apparatus that includes a plurality of switching elements, a plurality of resonance suppression resistors, an on-drive circuit, an off-drive circuit, a plurality of diodes, and a control circuit that is connected to the diodes and controls a drive power circuit on the basis of a forward voltage of the diodes (see, e.g., claims 6 and 15). The Specification explains that an insulated gate bipolar transistor (“IGBT”) is a switching element driven by controlling the voltage of its gate. Spec. 1:29–30. A gate drive circuit can include on-drive elements for applying electric charge to the gate and off-drive elements for releasing the electric charge from the gate. Id. at 1:30–2:12. The Specification explains that when a large current capacity switching element is required, a plurality of IGBTs having a small current capacity can be connected in parallel. Id. at 2:17–21. However, capacitor and inductor components are present in such an arrangement, which generates resonance. Id. at 2:31–3:5. The Specification describes using resonance suppression resistors to suppress the resonance. Id. at 3:5–10. However, the Specification further explains that when the resistance of an off-drive resistor is smaller than the resistance of the resonance suppression resistors, the current flowing out of the gates of the small-current capacity IGBTs cannot be sufficiently increased and it is difficult to shorten the period in which electric charge is released from the gates of the small- current-capacity IGBTs. Id. at 3:23–31. According to the Specification, this causes a loss. Id. at 3:31–33. In view of the above, the Specification describes an electronic apparatus that can apply electric charge or allow the release of electric charge from the control terminals of switching elements without being Appeal 2020-000844 Application 14/168,388 3 influenced by resonance suppression resistors because a resistance of an on- drive resistor or an off-drive resistor is smaller than the resistance of resonance suppression resistors. Id. at 4:3–9. The Specification explains that such an arrangement can shorten the time required for IGBTs to be turned and suppresses loss. Id. at 13:26–14:3. The Specification also explains using a control circuit that controls a drive power circuit on the basis of forward voltage of diodes suppresses variation of gate voltage when the electric charge is being released from the gates of IGBTs. Id. at 14:11– 19. Independent claim 6 is illustrative and is reproduced below from the Claims Appendix to the Appeal Brief. 6. An electronic apparatus, comprising: a plurality of switching elements each of which has an input terminal, an output terminal and a control terminal, the input terminals having a common connection, and the output terminals having a common connection, and each of which is driven by controlling voltage at the control terminal; a plurality of resonance suppression resistors each of which has a first end and a second end, the first ends being connected to the respective control terminals of the switching elements, and the second ends having a common connection; an on-drive circuit which has at least one on-drive resistor and is connected to a drive power circuit, and which is supplied with voltage from the drive power circuit and applies electric charge to the control terminals of the switching elements via the on-drive resistor to turn on the switching elements; an off-drive circuit which has an off-drive resistor and releases electric charge from the control terminals of the switching elements via the off-drive resistor to turn off the switching elements; a plurality of diodes each of which has an anode and a cathode, the anodes being connected to a switching elements Appeal 2020-000844 Application 14/168,388 4 side of the respective resonance suppression resistors, and the cathodes being connected to an opposite side of the switching elements side of the respective resonance suppression resistors; and a control circuit which is connected to the diodes and controls the drive power circuit on the basis of forward voltage of the diodes to adjust output voltage of the drive power circuit, wherein a resistance of the off-drive resistor is set to be smaller than a resistance of the resonance suppression resistors, the off-drive circuit releases electric charge from the control terminals of the switching elements not via the resonance suppression resistors, the off-drive circuit is connected to a common- connecting point of the resonance suppression resistors and releases electric charge from the control terminals of the switching elements via the diodes, if the forward voltage of the diodes is larger than a predetermined voltage, the control circuit steps down the output voltage of the drive power circuit in accordance with the forward voltage of the diodes, and if the forward voltage of the diodes is smaller than the predetermined voltage, the control circuit steps up the output voltage of the drive power circuit in accordance with the forward voltage of the diodes. REJECTIONS ON APPEAL The Examiner maintains, and Appellant requests our review of, the following grounds of rejection under 35 U.S.C. § 103: I. Claims 6, 29, and 30 as unpatentable over Ishii,3 Hoshi,4 and Wagoner;5 3 Ishii, US 5,977,814, issued Nov. 2, 1999 (“Ishii”). 4 Hoshi et al., US 6,271,708 B1, issued Aug. 7, 2001 (“Hoshi”). 5 Wagoner et al., US 2014/0015571 A1, published Jan. 16, 2014. Appeal 2020-000844 Application 14/168,388 5 II. Claim 7 as unpatentable over Ishii, Hoshi, Wagoner, and Kimata;6 III. Claims 15 and 31 as unpatentable over Hoshi, Kayama,7 and Wagoner; and IV. Claim 16 as unpatentable over Hoshi, Kayama, Wagoner, and Kimata. Final Act. 2–9. B. DISCUSSION Rejection I The Examiner finds that Ishii discloses an electronic apparatus having a switching element, a resonance suppression resistor, an on-drive circuit, and an off-drive circuit. Final Act. 2–3. The Examiner finds Ishii does not teach a plurality of switching elements and a plurality of resonance suppression resistors. Id. at 3. The Examiner finds Hoshi discloses a plurality of switching elements and a plurality of resonance suppression resistors. Id. The Examiner concludes it would have been obvious to modify Ishii in view of Hoshi to use a plurality of switching elements and that the combination would result in a plurality of diodes. Id. The Examiner finds that the combination of Ishii and Hoshi does not teach a control circuit. Id. at 4. The Examiner finds: Wagoner teaches a control circuit (Figure 2) which is connected to the diodes and controls the drive power circuit on the basis of forward voltage of the diodes to adjust output voltage of the drive power circuit ([0019], where the input parameters are gate voltage and ambient temperature and diodes have a threshold voltage that is substantially in inverse proportion to the change 6 Kimata, US 5,986,484, issued Nov. 16, 1999 (“Kimata”). 7 Kayama, US 5,227,655, issued July 13, 1993 (“Kayama”). Appeal 2020-000844 Application 14/168,388 6 of the surrounding temperature (see, for example, [0114] of U.S. Patent Application Publication 2010/0039364)). Id. at 7. The Examiner finds that Wagoner’s control circuit would perform the claimed controls for output voltage of a drive power circuit based on whether a forward voltage of diodes is larger or smaller than a predetermined voltage. Id. The Examiner concludes it would have been obvious to modify the combination of Ishii and Hoshi to use Wagoner’s control circuit to prevent current and voltage transients on an IGBT. Id. Appellant contends that the portions of Wagoner the Examiner cites (i.e., Figure 2 and paragraph 19) do not disclose a control circuit connected to diodes. Appeal Br. 15. Appellant also argues there is nothing in these portions of Wagoner that discloses controlling the output voltage of a drive power circuit based on whether a forward voltage of diodes is larger or smaller than a predetermined voltage, as claim 6 recites. Id. The Examiner responds to Appellant’s arguments by essentially repeating the findings and conclusion in the rejection regarding Wagoner and by stating that Wagoner’s control unit would be connected to Ishii’s diodes. Ans. 8–9. Appellant’s arguments are persuasive. Wagoner’s paragraph 19 discloses that an adaptive current regulator 22 may adjust the gate drive currents provided to the gate (G) of the IGBT 10 based on input parameters such as, for example, the collector voltage 24 (Vc), the rate of collector voltage change 26 (dVc/dt), the collector current 28 Ic), the gate voltage 30 (Vg), the rate of gate voltage change 32 (dVg/dt), the ambient temperature 34 (Tamb), the gate current feedback 36 (Ifbk), the emitter current 38 (Ie), the rate of emitter current change 40 (dIe/dt), and the like. Appeal 2020-000844 Application 14/168,388 7 Wagoner’s Figure 2 depicts a block diagram that includes adaptive current regulator 22 and the various possible input parameters described in paragraph 19. However, neither Figure 2 nor paragraph 19 discloses or suggests that Wagoner’s adaptive current regulator 22 is connected to diodes and performs a control on the basis of a forward voltage of the diodes, as claim 6 recites. The cited portions of Wagoner also do not disclose or suggest that adaptive current regulator 22 controls the output voltage of a drive power circuit based on whether a forward voltage of the diodes is larger or smaller than a predetermined voltage, as claim 6 recites. The Examiner’s citation to paragraph 114 of U.S. Patent Application Publication 2010/0039364 does not remedy this deficiency. As noted above, the Examiner cites this reference to support the Examiner’s position that “diodes have a threshold voltage that is substantially in inverse proportion to the change of the surrounding temperature.” Final Act. 4; Ans. 9. Paragraph 114 of U.S. Patent Application Publication 2010/0039364 states that a “diode D3 may have a threshold voltage that is substantially in inverse proportion to the change of the surrounding temperature.” This statement, however, does not support the Examiner’s position because it states that a diode may have a threshold voltage that is related to the surrounding temperature, not that a diode necessarily has such a relationship. This paragraph also does not clearly suggest that the “threshold voltage” it discusses is the same as the forward voltage for a diode, as claim 6 requires. The Examiner’s reasoning also does not sufficiently explain how the threshold voltage described in paragraph 114 is equivalent to the forward voltage of a diode, as claim 6 recites. Appeal 2020-000844 Application 14/168,388 8 To the extent a relationship exists between the input parameters that Wagoner discloses (e.g., gate voltage and/or ambient temperature) and the forward voltage for a diode, the Examiner has not established such a relationship on this record or articulated sufficient reasoning with some rational underpinning why it would have been obvious to combine Ishii, Hoshi, and Wagoner and to further include the claimed control circuit in view of such a relationship. KSR Int’l. Co. v. Teleflex Inc., 550 U.S. 398, 418 (2007). When one considers the disclosures of the applied references and these deficiencies, the Examiner’s conclusion that the proposed combination would have resulted in the claimed invention can only be viewed as being based on impermissible hindsight. Id. at 421 (citing Graham v. John Deere Co., 383 U.S. 1, 36 (1966) (warning against a “temptation to read into the prior art the teachings of the invention in issue”)); In re McLaughlin, 443 F.2d 1392, 1395, (CCPA 1971) (“Any judgment on obviousness is in a sense necessarily a reconstruction based upon hindsight reasoning, but so long as it takes into account only knowledge which was within the level of ordinary skill at the time the claimed invention was made and does not include knowledge gleaned only from applicant’s disclosure, such a reconstruction is proper.”). For the reasons discussed above, we do not sustain the Examiner’s § 103 rejection of claims 6, 29, and 30 as unpatentable over Ishii, Hoshi, and Wagoner. Rejection III The Examiner finds Hoshi teaches an electronic apparatus that includes a plurality of switching elements, an on-drive circuit, and an off- Appeal 2020-000844 Application 14/168,388 9 drive circuit. Final Act. 6. The Examiner finds that Hoshi does not teach a plurality of resonance suppression resistors, but finds that Kayama does. Id. at 6–7. The Examiner concludes that it would have been obvious to modify Hoshi in view of Kayama to use a plurality of resonance suppression resistors. Id. at 7. The Examiner further finds that Hoshi and Kayama do not teach a control circuit. Id. The Examiner concludes that it would have been obvious to modify Hoshi and Kayama in view of Wagoner to include the claimed control circuit, based on reasoning similar to that set forth in the rejection over Ishii, Hoshi, and Wagoner. Id. at 7–8; Ans. 9–128. Appellant argues that the cited portions of Wagoner do not disclose a control circuit connected to diodes or controlling the output voltage of a drive power circuit based on whether a forward voltage of diodes is larger or smaller than a predetermined voltage, as claim 15 recites. Appeal Br. 16– 17. For the reasons discussed above with regard to the rejection of claim 6, Appellant’s arguments identify a reversible error in this rejection. Accordingly, we do not sustain the Examiner’s § 103 rejection of claims 15 and 31 as unpatentable over Hoshi, Kayama, and Wagoner. 8 The Examiner also cites Wagoner’s paragraph 42 on page 11 of the Answer. Although paragraph 42 describes advantages for Wagoner’s adaptive current regulator 22 (e.g., fast switching times and efficient power consumption properties), this paragraph also does not disclose or suggest that adaptive current regulator 22 performs control on the basis of a forward voltage of a diode. Further, paragraph 42 teaches that “[t]he elimination of the zener diodes generally provides a reliability improvement since zener diodes are susceptible to reliability issues.” Appeal 2020-000844 Application 14/168,388 10 Rejections II and IV The Examiner does not rely on Kimata in the rejections of claims 7 and 16 to remedy the deficiencies discussed above with regard to the rejections of claims 6 and 15. Therefore, we do not sustain the Examiner’s § 103 rejections of claims 7 and 16. CONCLUSION Upon consideration of the record and for the reasons set forth above and in the Final Office Action and the Examiner’s Answer, the Examiner’s decision to reject claims 6, 7, 15, 16, and 29–31 under 35 U.S.C. § 103 is reversed. In summary: Claim(s) Rejected 35 U.S.C. § Reference(s)/Basis Affirmed Reversed 6, 29, 30 103 Ishii, Hoshi, Wagoner 6, 29, 30 7 103 Ishii, Hoshi, Wagoner, Kimata 7 15, 31 103 Hoshi, Kayama, Wagoner 15, 31 16 103 Hoshi, Kayama, Wagoner, Kimata 16 Overall Outcome 6, 7, 15, 16, 29–31 REVERSED Copy with citationCopy as parenthetical citation