Ex Parte Becker

Board of Patent Appeals and Interferences

Jul 28, 2011

10533728 (B.P.A.I. Jul. 28, 2011)

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.
10/533,728 05/03/2005 Rolf Friedrich Becker 853663.415USPC 5935
38106 7590 07/29/2011
SEED INTELLECTUAL PROPERTY LAW GROUP PLLC
701 FIFTH AVENUE, SUITE 5400
SEATTLE, WA 98104-7092
EXAMINER
HU, RUI MENG
ART UNIT PAPER NUMBER
2618
MAIL DATE DELIVERY MODE
07/29/2011 PAPER
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.
PTOL-90A (Rev. 04/07)
UNITED STATES PATENT AND TRADEMARK OFFICE
____________________

BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
____________________

Ex parte ROLF FRIEDRICH BECKER
____________________

Appeal 2009-009905
Application 10/533,728
Technology Center 2600
____________________

Before ROBERT E. NAPPI, MARC S. HOFF, and
CARLA M. KRIVAK, Administrative Patent Judges.

KRIVAK, Administrative Patent Judge.

DECISION ON APPEAL
Appellant appeals under 35 U.S.C. § 134(a) from a final rejection of
claims 1-7. We have jurisdiction under 35 U.S.C. § 6(b).
We affirm.

Appeal 2009-009905
Application 10/533,728

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STATEMENT OF THE CASE
Appellant’s claimed invention relates to a device for receiving time
reference signals (Spec. 1:1-2).
Independent claim 1, reproduced below, is representative of the
subject matter on appeal:
1. A mobile radio, comprising:
a GSM receiving unit,
an analog-to-digital converter next in line for converting analog
signals into digital signals,
a digital signal processor for reconstructing and processing the
received signals,
a system controller for controlling the components of the
mobile radio, a real-time circuit comprising an oscillator and a
display for displaying information, in which another receiving
unit is arranged for receiving a time reference signal, the other
receiving unit comprises an antenna for receiving time
reference signals, tunable capacitors for tuning to the transmit
frequency and an amplifier for amplifying the received time
reference signal, and
a multiplex unit inserted between the GSM receiving unit and
the analog-to-digital converter, which multiplex unit can be
supplied with the received analog mobile radio signal and the
time reference signal and in which mobile radio the received
time reference signal can be applied at a predetermined instant
to the digital signal processor for demodulation and filtering
and to the system controller for decoding, and there is provided
to update the real-time circuit with the decoded time reference
signal.

REFERENCES and ANALYSIS
The Examiner rejected claims 1-5 and 7 under 35 U.S.C. § 103(a)
based upon the teachings of Younis (US 2002/0168988 A1; Nov. 14, 2002),
Appeal 2009-009905
Application 10/533,728

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Miyano (GB 2238438 A; May 29, 1991), and Sakami (US 4,315,332; Feb. 9,
1982).
The Examiner rejected claim 6 under 35 U.S.C. § 103(a) based upon
the teachings of Younis, Miyano, Sakami, and Eynöthen (DE 19536580 A1;
Apr. 3, 1997).
Appellant contends Sakami fails to disclose the claimed tunable
capacitors as Sakami’s variable capacitance diodes are not used for tuning to
a transmit frequency. Appellant further contends it would not be obvious to
use Sakami’s diodes for tuning to a transmit frequency because Sakami’s
timepiece does not transmit, rather it only receives (Br. 4-5).
However, as the Examiner finds, claim 1 does not include any
limitations regarding transmitting by the mobile radio (Ans. 9-10). Rather,
when read in light of the Specification, the limitation “tuning to the transmit
frequency” relates to the frequency of the received time reference signal (the
signal transmitted to the mobile radio), not to any signal transmitted by the
mobile radio (Spec. 2:5-20). Further, we adopt the Examiner’s findings that
Sakami discloses the claimed tunable capacitors feature (Ans. 8-9).
Therefore, the rejection of claims 1-5 and 7 is sustained. No new argument
is presented for claim 6, and thus this rejection is also sustained.

DECISION
The Examiner’s decision rejecting claims 1-7 is affirmed.
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).

AFFIRMED
Appeal 2009-009905
Application 10/533,728

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