Ex Parte Carlson et alDownload PDFPatent Trial and Appeal BoardAug 14, 201813832044 (P.T.A.B. Aug. 14, 2018) Copy Citation UNITED STA TES p A TENT AND TRADEMARK OFFICE APPLICATION NO. FILING DATE 13/832,044 03/15/2013 23908 7590 08/16/2018 RENNER OTTO BOISSELLE & SKLAR, LLP 1621 EUCLID AVENUE NINETEENTH FLOOR CLEVELAND, OH 44115 FIRST NAMED INVENTOR Daniel L. Carlson 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. RANPP0382USC 4006 EXAMINER TAWFIK, SAMEH ART UNIT PAPER NUMBER 3721 NOTIFICATION DATE DELIVERY MODE 08/16/2018 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): ipdocket@rennerotto.com PTOL-90A (Rev. 04/07) UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE PATENT TRIAL AND APPEAL BOARD Ex parte DANIEL L. CARLSON, DONALD A. GORG, and THOMAS A. BILKIE 1 Appeal2017-011056 Application 13/832,044 Technology Center 3700 Before JAMES P. CALVE, BRETT C. MARTIN, and NATHAN A. ENGELS, Administrative Patent Judges. CAL VE, Administrative Patent Judge. DECISION ON APPEAL STATEMENT OF THE CASE Appellants appeal under 35 U.S.C. § 134(a) from the Office Action finally rejecting claims 7-11. Appeal Br. 1. We have jurisdiction under 35 U.S.C. § 6(b). We REVERSE. 1 Ranpak Corporation is identified as the real party in interest and also is the applicant pursuant to 37 C.F.R. § 1.46. Appeal Br. 2. Appeal 2017-011056 Application 13/832,044 CLAIMED SUBJECT MATTER Claim 7, the sole independent claim on appeal, is reproduced below. 7. A dunnage converter for converting a sheet stock material into a relatively less dense dunnage product, comprising a powered feed assembly for feeding the stock material; the feed assembly having at least one rotatable member, a motor for driving the at least one rotatable member and a gear box interposed between the at least one rotatable member and the motor for transferring rotational motion from the motor to the at least one rotatable member; the gear box including a gear housing that encloses at least one gear; the gear housing having a first opening therein for receipt of a shaft of the motor and a second opening for receipt of a shaft for each rotatable member. Appeal Br. 13 (Claims App.). REJECTION Claims 7-11 are rejected under 35 U.S.C. § I02(e) as anticipated by Demers (US 2005/0181924 Al, pub. Aug. 18, 2005). ANALYSIS The Examiner finds that Demers discloses a dunnage converter as recited in independent claim 7 comprising a powered feed assembly that includes at least one rotatable member, motor 140 for driving the at least one rotatable member, and a gear box interposed between the rotatable member and motor 140 (box with flat upper surface shown in Fig. 15), the gear box including a gear housing that encloses one gear ( via motor gears 141, 14 2 inside the lower portion of housing 42) and has openings for a shaft of motor 140 and shafts of each rotatable member (holes in horizontal flat surface of housing for gear 141 extending from motor 140 in Fig. 7). Final Act. 2. The Examiner illustrates his findings on Figure 7 of Demers, reproduced below. 2 Appeal 2017-011056 Application 13/832,044 Figure 7, above, is a perspective view of dunnage converter 30 with transparent housing 42 to show internal components. Final Act. 4; Ans. 8. Appellants argue that Demers' housing 42 has a lower horizontal flat surface that encloses at least one gear (gears 141, 142) as required for the claimed gear box but this "gear housing" "cannot be interposed between the rotatable members 134 and the motor 140," as claimed, because it includes rotatable members 134 in the same housing as gears 141, 142. Appeal Br. 10, 11. Appellants further argue that the horizontal flat surface may include first and second openings for a motor shaft and shafts of rotatable members 134, as claimed, but this metal plate fails to enclose the gears and, therefore, cannot be the gear housing by itself. Id. at 11. Appellants also assert that Demers' gears 141, 142 are not in a gearbox that is interposed between a rotatable member (like paddle wheel 134) and motor 140. Instead, Demers' housing 42 encloses both rotatable members 134 and gears 141, 142, so that Demers cannot be said to disclose a gearbox that is interposed between the gears and the rotatable members. Reply Br. 2. We agree. 3 Appeal 2017-011056 Application 13/832,044 Appellants disclose gear box 160 being interposed between rotatable members 130 and motor 150 as shown in Figures 8 and 9 reproduced below. Fig,6 Figure 9, above, is an exploded view of a dunnage converter with gear box 160 and gear housing 162 interposed between rotatable members 130 and motor 150. Figure 8, above, is a perspective view showing gear box 160 interposed between motor 150 and rotatable members 130. Gear housing 162 includes tubular portion 164 and end covers 166. Spec. 11: 1-13. The only element in Demers that is interposed between motor 140 and rotatable members 134 is a horizontal plate. Ans. 8. The Examiner treats this plate as a flat upper surface of a gear box in Figure 15 (Final Act. 2) or part of other housings in Figure 7 (id. at 4; Ans. 4--5, 7-8). Thus, the plate is part of housings that enclose the motor and/or rotatable members. 4 Appeal 2017-011056 Application 13/832,044 We agree with the Examiner that this flat plate has openings for shafts of the motor and rotatable member as claimed. Ans. 5, 8 (annotations on Fig. 7 of Demers). However, we agree with Appellants that other portions of the housing (i.e., "Converter housing" 42 and "Gear Housing Portion") enclose rotatable members 134 and motor 140 and their respective gears. Thus, these housings are not interposed between rotatable members 134 and motor 140 as claimed. An ordinary meaning of "interpose" is "to place in an intervening position" and "to put ( oneself) between." See Definition of interpose at Merriam-Webster online dictionary at http://www.merriam- webster.com/ dictionary/interpose (last viewed Aug. 8, 2018). Claim 7 uses "interposed" this way to recite gear box 160 ( and housing 162) as located between motor 140 and rotatable members 134. Spec. 11:1-13, Figs. 8, 9. The Examiner's finding that Demers' housings can enclose rotatable members 134, motor 140, and their gears and be interposed between these elements, as claimed, is an unreasonably broad interpretation of "interposed" and is inconsistent with the Specification. Although the flat horizontal plate is interposed between rotatable members 134 and motor 140 of Demers, as claimed, and partially encloses a pinion gear of motor 140 (Demers Fig. 7), this plate cannot be considered a "gear box" or "gear housing" as claimed. Consistent with the Specification's use of the terms, we interpret these terms according to their ordinary meanings to mean "a rigid typically rectangular container with or without a cover" "a cigar box" and "a case or enclosure ( as for a mechanical part or an instrument)." See Definitions of box and housing in Merriam-Webster online dictionary at http://www.merriam- webster.com/dictionary/box or housing (last viewed Aug. 8, 2018); Spec. 11: 1-13 ( describing both elements), Fig. 9. 5 Appeal 2017-011056 Application 13/832,044 Thus, we do not sustain the rejection of claims 7-11. DECISION We reverse the rejection of claims 7-11. REVERSED 6 Copy with citationCopy as parenthetical citation