Ex Parte Akiyoshi et alDownload PDFPatent Trials and Appeals BoardMay 21, 201914357840 - (D) (P.T.A.B. May. 21, 2019) Copy Citation UNITED STA TES p A TENT AND TRADEMARK OFFICE APPLICATION NO. FILING DATE FIRST NAMED INVENTOR 14/357,840 05/13/2014 Koichi Akiyoshi 22850 7590 05/23/2019 OBLON, MCCLELLAND, MAIER & NEUSTADT, L.L.P. 1940 DUKE STREET ALEXANDRIA, VA 22314 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 ATTORNEY DOCKET NO. CONFIRMATION NO. 433385US8PCT 7819 EXAMINER PELTON, NATHANIEL R ART UNIT PAPER NUMBER 2859 NOTIFICATION DATE DELIVERY MODE 05/23/2019 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): patentdocket@oblon.com OBLONPAT@OBLON.COM iahmadi@oblon.com PTOL-90A (Rev. 04/07) UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE PATENT TRIAL AND APPEAL BOARD Ex parte KOICHI AKIYOSHI and YOICHI URAMOTO Appeal2017-009625 Application 14/357,840 Technology Center 2800 Before JOSEPH L. DIXON, JAMES W. DEJMEK, and STEPHEN E. BELISLE, Administrative Patent Judges. BELISLE, Administrative Patent Judge. DECISION ON APPEAL Appellants 1 appeal under 35 U.S.C. § 134(a) from a Final Rejection of all pending claims, namely, claims 1, 3---6, and 8-17. App. Br. 2. An oral hearing via videoconference was held on May 16, 2019 in both this appeal and related appeal No. 2018-000409. A joint transcript of the combined hearings will be placed in the record in due course. We have jurisdiction under 35 U.S.C. § 6(b ). We affirm. 1 Appellants identify SONY CORPORATION as the real party in interest. App. Br. 1. Appeal2017-009625 Application 14/357,840 STATEMENT OF THE CASE The Claimed Invention Appellants' invention generally relates to a wireless charging system, or more particularly, "a power feeding system that performs power supply ( electricity transmission, or power transmission) in a noncontact manner to a power-feeding objective unit such as an electronic unit." Spec. ,r 1. Claim 1, reproduced below, is representative of the claimed subject matter on appeal: 1. A power feeding unit, comprising: a power transmission circuit performing power transmission using one of a magnetic field and an electric field to a power-feeding objective unit having a battery; and a power transmission controller controlling a power transmission operation of the power transmission circuit, wherein the power transmission controller: allows the power transmission operation to be suspended when charge of the battery is completed based on power provided through the power transmission, and allows the power transmission operation to be restarted based on whether or not the power-feeding objective unit is in an activated state and whether or not a quantity of power remaining in the battery is equal to or larger than a predetermined threshold after completion of the charge. App. Br. i (Claims Appendix). References The Examiner relied on the following references as evidence of unpatentability of the claims on appeal: Park Sugaya Takahashi US 2008/0211455 Al US 2009/0251008 Al US 2010/0066305 Al 2 Sept. 4, 2008 Oct. 8, 2009 Mar. 18, 2010 Appeal2017-009625 Application 14/357,840 Matsumoto (W0)2 WO 2011/118371 Al Matsumoto (US) US 2012/0313579 Al (as English translation) Rejections Sept. 29, 2011 Dec. 13, 2012 The Examiner made the following rejections of the claims on appeal: Claims 1, 3-5, 8-12, and 14--17 stand rejected under pre-AIA 35 U.S.C. § I03(a) as obvious over Takahashi and Matsumoto (WO). Claim 6 stands rejected under pre-AIA 35 U.S.C. § I03(a) as obvious over Takahashi, Matsumoto (WO), and Sugaya. Claim 13 stands rejected under pre-AIA 35 U.S.C. § I03(a) as obvious over Takahashi, Matsumoto (WO), and Park. ANALYSIS 3 Appellants argue the Examiner erred in rejecting claims 1, 3---6, and 8-17 as obvious under pre-AIA 35 U.S.C. § I03(a). See App. Br. 3-7; Reply Br. 2--4. Appellants argue these pending claims as a group. See App. Br. 2, 3, 7. Thus, for purposes of our analysis, we select independent claim 1 as the representative claim, and any claim not argued separately will 2 The Examiner considers Matsumoto (US) to be the English translation of Matsumoto (WO) (Final Act. 3), and cites to Matsumoto (US) in the Final Action and Examiner's Answer. Appellants do not dispute the Examiner's reliance on Matsumoto (US) as a translation, and also cite to Matsumoto (US) in their briefs. As such, we too cite to Matsumoto (US) herein and do so simply as "Matsumoto." 3 Throughout this Decision, we have considered Appellants' Appeal Brief filed January 18, 2017 ("App. Br."); Appellants' Reply Brief filed July 3, 2017; the Examiner's Answer mailed May 3, 2017 ("Ans."); the Final Office Action mailed August 19, 2016 ("Final Act."); and Appellants' Specification filed May 13, 2014 ("Spec."). 3 Appeal2017-009625 Application 14/357,840 stand or fall with our analysis of the rejection of claim 1. See 37 C.F.R. § 4I.37(c)(l)(iv) (2016). Appellants argue "the combination of the teachings of Takahashi and Matsumoto would [not] have rendered obvious the subject matter of independent claims 1, 14, and 15." App. Br. 3. We tum to the teachings of Takahashi and Matsumoto and the Examiner's findings. Takahashi is generally directed to a contactless charging system that recharges an electronic device, like a mobile phone, with electric power supplied from a charger. Takahashi ,r 1. Takahashi discloses: [I]n the case that the mobile phone 100 again needs recharging after completion of recharge, the contactless charging system is imparted with a function of restarting charge in the present embodiment. When the mobile phone 100 is left on the contactless charger 200 after having finished being recharged, there are cases where the voltage of the battery cell 160 decreases. Even in such a case, the contactless charging system of the present embodiment is arranged so as to automatically restart charge, thereby enhancing usability. . . . When the voltage detected by the voltage detection circuit 178 has decreased to a predetermined value or less, the determination circuit 179 transmits to the control section 171 a voltage drop status showing that the voltage has decreased to a predetermined value or less. The control section 1 71 transmits a recharge command for requesting recharge to the contactless charger 200 Takahashi ,r 135 (emphases added). Based in part on this disclosure, the Examiner finds "Takahashi discloses the power transmission operation restarting but does not explicitly disclose whether or not the power-feeding objective unit is in an activated state." Final Act. 4. The Examiner further explains: "Even though Takahashi teaches initiating recharging when the electronic device's battery drops in voltage, as the Final Office Action states, 4 Appeal2017-009625 Application 14/357,840 Takahashi failed to explicitly disclose determining [i.e., doing so] when the electronic device is in an activated state." Ans. 3 (emphasis added). Like Takahashi, Matsumoto also is generally directed to "a contactless power supply device that uses electromagnetic induction to perform power transmission between devices in a contactless manner." Matsumoto ,r 1. Matsumoto discloses that "input current may increase at a timing at which the current consumption of the contactless power reception device 20 increases ( e.g., when the cell phone receives a call or when a backlight is illuminated)." Matsumoto ,r 56 (emphases added). Based on this disclosure, the Examiner finds "Matsumoto teaches determining whether or not a power-feeding objective unit is in an activated state." Final Act. 4. The Examiner further explains: [I]n Matsumoto the portion of the "cell phone receives a call" and "when a backlight is illuminated" results with the current consumption of the electronic device being increased which is what the rejection is equating to the claimed activated state. For example, when the electronic device is activated by a phone call or illumination of the backlight the current consumption of the electronic device is increased and consequentially depletes energy from the battery, i.e. a drop in battery voltage, and therefore is in an activated state. The combination of the references results with the benefit of ensuring the electronic device stays fully charged even during an activated state in which the power consumption is increased and depletes the battery. Ans. 3. Appellants argue Takahashi and Matsumoto do not teach allowing a power transmission operation to be restarted based on whether or not the power-feeding objective unit is in an activated state. See App. Br. 4--7; Reply Br. 2--4. Appellants also argue that Matsumoto's disclosure of input current increasing when the cell phone receives a call or when a backlight is 5 Appeal2017-009625 Application 14/357,840 illuminated is disclosed in the context of a "charging state," not restarting charging, as claimed. See App. Br. 5. However, Appellants do not explain why this principle of a cell phone drawing increased current upon receiving a call is limited to only a charging state. Appellants further argue the Examiner improperly "bifurcat[ es] one clause from the rest" of the relevant claim language, and fails "to consider the teachings of Matsumoto as a whole." App. Br. 6-7; see Reply Br. 2-3. We find Appellants' arguments unpersuasive. In particular, we agree with the Examiner and find: (1) Takahashi teaches automatically restarting charging in "cases where the voltage of the battery cell 160 decreases" (Takahashi ,r 135; see Final Act. 4; Ans. 3); (2) Takahashi teaches restarting charging where the voltage of a mobile phone battery "has decreased to a predetermined value or less" after completion of recharge (Takahashi ,r 135; see Final Act. 4; Ans. 3); and (3) Matsumoto teaches such cases where voltage of a battery cell decreases include "when a cell phone receives a call or when a backlight is illuminated," which cases constitute an "activated state" of the phone, as admitted by Appellants (Matsumoto ,r 56; see Final Act. 4; Ans. 3; App. Br. 5 (Appellants admitting it "may be considered to be the case" that Matsumoto teaches "determining when the electronic device is in an activated state.")). We conclude that the combination of Takahashi and Matsumoto teaches or fairly suggests Appellants' claim 1, including restarting charging based on whether or not a power-feeding objective unit, such as a mobile phone, is in an activated state, such as receiving a call, and whether or not power remaining in a battery of the power-feeding objective 6 Appeal2017-009625 Application 14/357,840 unit is equal to or larger than a predetermined threshold after completion of the charge. See In re Burckel, 592 F .2d 117 5, 1179 (CCP A 1979) ("[A] reference must be considered not only for what it expressly teaches, but also for what it fairly suggests."). Appellants also argue the Examiner's combination of Takahashi and Matsumoto is based on "impermissible hindsight reasoning." App. Br. 5. It is improper to base a conclusion of obviousness upon facts gleaned only through hindsight. "To draw on hindsight knowledge of the patented invention, when the prior art does not contain or suggest that knowledge, is to use the invention as a template for its own reconstruction-an illogical and inappropriate process by which to determine patentability." Sensonics, Inc. v. Aerosonic Corp., 81 F.3d 1566, 1570 (Fed. Cir. 1996) (citing W.L. Gore & Assoc. v. Garlock, Inc., 721 F.2d 1540, 1553 (Fed. Cir. 1983)). "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." In re McLaughlin, 443 F.2d 1392, 1313-14 (CCPA 1971). Here, the Examiner expressly relies on specific disclosures of Takahashi and Matsumoto to support the proposed combination, and has provided "some articulated reasoning with some rational underpinning to support the legal conclusion of obviousness." KSR Int'! Co. v. Teleflex, Inc., 550 U.S. 398,418 (2007). For example, in the Final Action, the Examiner explained: [I]t would have been obvious to a person having ordinary skill in the art at the time the invention was made to modify Takahashi to determine whether or not the power-feeding objective unit is 7 Appeal2017-009625 Application 14/357,840 in an activated state as taught by Matsumoto for the benefit of restarting charge (supplying power) when the objective unit is subjected to increased current demands as stated by Matsumoto thereby ensuring the battery remains in a fully charged state. Final Act. 4 ( emphasis added). In the Answer, the Examiner further explained: "The combination of the references results with the benefit of ensuring the electronic device stays fully charged even during an activated state in which the power consumption is increased and depletes the battery." Ans. 3 ( emphasis added). We agree with the Examiner's reasoning, and also find Takahashi's open-ended teaching of automatically restarting charging in "cases where the voltage of the battery cell 160 decreases" for the benefit of "enhancing usability" gives even more reason for the skilled artisan to consider and incorporate Matsumoto's teaching of such cases including when a cell phone receives a call or when a backlight is illuminated (i.e., activates states). See Takahashi ,r 135 (emphasis added). For the foregoing reasons, we are unpersuaded of Examiner error in combining Takahashi and Matsumoto. To the extent that Appellants argue nonobviousness of claim 1 by attacking Takahashi and Matsumoto individually (see, e.g., App. Br. 4--7; Reply Br. 4 ( e.g., last paragraph)), this is improper. One cannot show nonobviousness by attacking references individually where the rejections are based on combinations of references. See In re Keller, 642 F.2d 413, 426 (CCPA 1981); In re Merck & Co., 800 F.2d 1091, 1097 (Fed. Cir. 1986). For the reasons discussed supra, we sustain the Examiner's rejection under pre-AIA 35 U.S.C. § 103(a) of claims 1, 3-6, and 8-17, which Appellants argued as a group as noted above. 8 Appeal2017-009625 Application 14/357,840 DECISION We affirm the Examiner's obviousness rejections of claims 1, 3---6, and 8-17. No time period for taking any subsequent action in connection with this appeal may be extended under 37 C.F.R. § 1.136(a). See 37 C.F.R. § 4I.50(f). AFFIRMED 9 Copy with citationCopy as parenthetical citation