Ex Parte DE HAAS

Patent Trial and Appeal Board

Apr 25, 2016

13292214 (P.T.A.B. Apr. 25, 2016)

UNITED STA TES p A TENT AND TRADEMARK OFFICE
APPLICATION NO. FILING DATE
13/292,214 11/09/2011
65913 7590 04/27/2016
Intellectual Property and Licensing
NXPB.V.
411 East Plumeria Drive, MS41
SAN JOSE, CA 95134
FIRST NAMED INVENTOR
Clemens Gerhardus Johannes DE HAAS
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.
81424555US01 3051
EXAMINER
NASH, GARY A
ART UNIT PAPER NUMBER
2838
NOTIFICATION DATE DELIVERY MODE
04/27/2016 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):
ip.department.us@nxp.com
PTOL-90A (Rev. 04/07)
UNITED STATES PATENT AND TRADEMARK OFFICE
BEFORE THE PATENT TRIAL AND APPEAL BOARD
Ex parte CLEMENS GERHARDUS JOHANNES DE HAAS
Appeal2014-008673
Application 13/292,2141
Technology Center 2800
Before DEBRA K. STEPHENS, JASON V. MORGAN, and
DAVID J. CUTITTA, Administrative Patent Judges.
CUTITTA, Administrative Patent Judge.
DECISION ON APPEAL
This is an appeal under 35 U.S.C. § 134(a) from the Examiner's
decision rejecting claims 1-19. We have jurisdiction over this appeal under
35 U.S.C. § 6(b) (2015).
We AFFIRM.
1 According to Appellant, the real party in interest is NXP B.V. (see Appeal
Br. 3).
Appeal2014-008673
Application 13/292,214
SUMMARY OF INVENTION
Appellant's invention relates to a system and method for supplying
power by alternately disabling and enabling a regulator and a clamp.
Spec. 2, i-f 4. Claims 1 and 11 are independent. Claim 1, reproduced below,
is representative of the claimed subject matter:
1. A system for supplying power, comprising:
an input/ output port;
a regulator, wherein the regulator supplies power to the
input/ output port in a first mode, sinks current from the
input/output port in a second mode when a voltage at the
input/output port exceeds a threshold, and is disabled in a third
mode; and
a clamp, wherein the clamp is disabled in the first and
second modes, and limits the voltage at the input/output port
below a first value in the third mode.
REFERENCES
The prior art relied upon by the Examiner in rejecting the claims on
appeal includes:
Groom et al.
Kataoka
Liu et al.
US 2002/0125872 Al
US 2006/0186867 Al
US 2008/0012542 Al
REJECTIONS
Sept. 12, 2002
Aug.24,2006
Jan. 17,2008
Claims 1-7 and 11-16 are rejected under 35 U.S.C. § 103(a) as being
unpatentable over Liu in view of Groom.
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Claims 8-10 and 17-19 are rejected under 35 U.S.C. § 103(a) as
being unpatentable over Liu in view of Groom and in further view of
Kataoka.
ANALYSIS
The Examiner rejects independent claim 1 over the combination of
Liu and Groom. Final Action 3--4 (citing inter alia Liu i-fi-1 31, 32, and 39
and FIG. 3). More specifically, the Examiner finds that Liu suggests all of
the features of independent claim 1 except for the sinking of a current from
the input/output port when a voltage at the input/output port exceeds a
threshold. Advisory Action, page 2, third paragraph and Answer 4--5.
Appellant argues that "the Examiner is attempting to apply the same
teaching against two different claim limitations [by] ... using the same
teaching to show that when over-voltage is detected, Liu's regulator:
1. Sinks the voltage, and 2. Is disabled." Appeal Br. 15-16. Appellant
further argues that "simultaneous occurrence of these two conditions is
technically impossible" because "[i]f the transistor 14 is a part of the
regulator and if the regulator is disabled, the transistor 14 would be
electrically inactive [and] therefore, the transistor 14 could not sink any
voltage." Appeal Br. 16.
The Examiner finds that "utilizing broadest reasonable interpretation,
Liu et al does disclose these limitations simultaneously" in essence because
Liu's regulator no longer performs in normal operation mode when an
overvoltage is detected, as discussed at Liu paragraph 32. Answer 8-9.
Appellant replies by stating " ... that the Examiner's position is
internally contradictory [because a] circuit cannot both actively perform an
operation and be 'inactive' at the same time." Reply Br. 4.
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Application 13/292,214
We agree with and adopt as our own the Examiner's findings of facts
and conclusions as set forth in the Answer and in the Action from which this
appeal was taken. We have considered Appellant's arguments, but do not
find them persuasive of error. We provide the following explanation
primarily for emphasis.
Appellant asserts that the circuit of Liu cannot sink voltage and be
disabled simultaneously. Appeal Br. 16. Appellant, however, construes the
term "disabled" as claimed too narrowly. The term "disabled" is not defined
explicitly in Appellant's Specification. Appellant has not proffered
sufficient evidence or argument to persuade us of error in the Examiner's
interpretation.
The Examiner finds that the claimed regulator is taught by Liu as
MOSFETs (metal oxide field effect transistors) 13 and 14, driver 22,
inductor 16, capacitor 17, PWM (pulse width modulated) generator 42,
current sensing circuit 44, and output voltage error amplifier 41 of Figure 4.
Advisory Action, 2. The Examiner also finds that the regulator is disabled in
the third mode (i.e., when over voltage monitoring circuit 43 generates an
overvoltage fault signal) because "[ w] ith the regulator drive signals not
toggling on and off the MOSFET switches 13 and 14, as well as not
receiving a voltage at input node 11, one of ordinary skill in the art would
understand the regulator to be disabled." Answer 9.
The Examiner further finds "a clamp," as claimed, is taught by Liu as
"over-voltage monitoring circuit 43, over-voltage protection circuit 62, and
switch 23." Advisory Action, pg. 2. Liu further indicates that when over-
voltage is detected on node 18, the overvoltage protection circuit 62 removes
the charge on the conduction control terminal of input power switch 23 so
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Application 13/292,214
that the switch 23 ceases to conduct and voltage is removed from node 11,
thus, allowing switch 14 to be closed. Id. (citing Liu i-f 32). Therefore,
because switch 14 is both asserted by the Examiner to be part of the
regulator and to be closed when overvoltage is detected (third mode) and
because the regulator is asserted by the Examiner to be disabled during the
third mode as claimed, Appellant contends that the Examiner's rationale is
contradictory.
We are not persuaded by Appellant's argument because Appellant
incorrectly asserts that all components of the regulator must be electrically
inactive if the regulator is disabled. Rather, as noted by the Examiner, when
the regulator is disabled in Liu, MOSFETS 13 and 14 are no longer
alternatively turned on and off based on a pulse width modulated signal
PWM and no longer receiving a voltage at input node 11, thereby disabling
the voltage of the output node 18 from being varied and controlled by the
width of the pulses output by PWM Generator 42. Answer 9 (citing Liu ,-r 32
and FIG. 4). Thus, the Examiner correctly determines that Liu's regulator is
disabled upon receiving an overvoltage signal from over-voltage monitoring
circuit 43 because a switched voltage (e.g., as shown at FIG. 2, item 55) is
no longer output at node 15.
Accordingly, Appellant fails to demonstrate that the Examiner's
findings are in error.
Appellant further asserts that "[t]he Examiner then attempts to use the
teachings of Groom to show the second mode ... " and argues that "the
Examiner fails to provide an articulated reasoning as to why a person skilled
in the art would modify Liu with the teachings of Groom, especially
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considering the fact the Liu does teach a mechanism to handle over-voltage
conditions." Appeal Br. 14.
We disregard these arguments because they are predicated on the
assertion that the Examiner relies on Groom to suggest the second mode as
claimed in its entirety. The Examiner clearly indicates however that he
instead relies on Groom only "to teach ... take an output voltage, compare it
with a threshold voltage, and if said output voltage is higher than the
threshold voltage, sink the current." Answer 5. Accordingly, Appellant's
argument is irrelevant and moot as the argument does not address the
Examiner's last position in rejecting the claims.
Appellant further argues that:
assuming that Liu's teachings are modified by Groom's
teachings, the combination will no longer teach the third mode
in which the regular is disabled because Liu teaches disabling
the regulator when over-voltage is detected [and] once this
teaching is modified by Groom's teachings; Liu will no longer
teach disabling of the regulator.
Appeal Br. 15.
We again find Appellant's argument to be unpersuasive because the
Examiner does not rely on Groom to suggest the entire second mode as
claimed, as asserted by Appellant, but instead relies on Groom "to teach ...
take an output voltage, compare it with a threshold voltage, and if said
output voltage is higher than the threshold voltage, sink the current."
Answer 5. Appellant's argument, thus, fails to address persuasively the
Examiner's findings.
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Appellant further argues that the Examiner fails to provide any
reasoning as to why a person skilled in the art would combine Groom's
teaching regarding the word threshold with Liu's teachings. Appeal Br. 15.
We note, however, that the Examiner indicates that Groom's threshold
would have been introduced by one of ordinary skill in the art "to improve
the over-voltage protection by assisting to protect against minor transient
spikes and voltages in the output voltage." Answer 5---6.
Appellant's argument, therefore, lacks merit because the Examiner
does articulate a reason why a person skilled the art would have combined
Groom's teaching regarding the word threshold with Liu's teachings and
Appellant provides no evidence to indicate this reason is erroneous.
Appellant further argues that Liu already discloses over-voltage
protection, so there is no reason one of ordinary skill in the art would
additionally look to the teachings of Groom. Reply Br. 3.
We are not persuaded by Appellant; s reasoning because, as noted
above, the Examiner does not propose incorporating all of Groom's over-
voltage protection structure (see Groom FIG. lB and i-f 26), but instead
merely relies on Groom to suggest sinking current according to a threshold.
Appellant further argues that "Groom does not disclose merely an
obvious modification of Liu, but a significantly different system" because
"Liu discloses a DC-DC converter while Groom also generates an AC ripple
component [and] [c]onsequently, Groom's output signal would have both
AC and DC components" (citing i-f 41 of Groom). Reply Br. 4.
We disagree. "The test for obviousness is not whether the features of
a secondary reference may be bodily incorporated into the structure of the
primary reference. . . . Rather, the test is what the combined teachings of the
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references would have suggested to those of ordinary skill in the art." In re
Keller, 642 F.2d 413, 425 (CCPA 1981). See also In re Sneed, 710 F.2d
1544, 1550 (Fed. Cir. 1983) ("[I]t is not necessary that the inventions of the
references be physically combinable to render obvious the invention under
review."); and In re Nievelt, 482 F.2d 965, 968 (CCPA 1973) ("Combining
the teachings of references does not involve an ability to combine their
specific structures."). Rather, "if a technique has been used to improve one
device, and a person of ordinary skill in the art would recognize that it would
improve similar devices in the same way, using the technique is obvious
unless its actual application is beyond his or her skill." KSR Int'! Co. v.
Teleflex Inc., 550 U.S. 398, 417 (2007).
Thus, because the Examiner relies upon Groom only to suggest a
threshold and indicates that Groom's threshold would have been introduced
by one of ordinary skill in the art "to improve the over-voltage protection by
assisting to protect against minor transient spikes and voltages in the output
voltage" and because Appellant fails to provide sufficient reasons to
persuade us otherwise, other than a general statement that the references are
significantly different, we agree with the Examiner's findings.
Appellant provides a list of other reasons why the Examiner's
obviousness rationale was erroneous, including that the Examiner is
inappropriately "breaking the claims into bits and pieces" and that "the
Examiner is using a hindsight analysis." Appeal Br. 15. We are not
persuaded by any of these reasons particularly because they have been
presented in a conclusory manner without sufficient explanation to persuade
us why the rejection violates the principles listed.
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Appellant further argues that "the Examiner does not accurately
describe Liu's operation because Liu clamps voltage instead of sinking
current from the input/output port" as claimed. Appeal Br. 14 and Reply
Br. 4. This argument is not persuasive because Appellant fails to
demonstrate that Liu cannot clamp and sink voltage at the same time.
Appellant argues for the first time in the Reply Brief that Liu is silent
regarding sinking current from the input/output port as claimed because Liu
does not have an input/output port. Reply Br. 2. That argument is untimely
and will not be considered in the absence of any good faith showing why it
could not have been timely presented in Appellant's Appeal Brief. 37
C.F.R. § 41.41(b)(2) (2013); see also In re Hyatt, 211F.3d1367, 1373 (Fed.
Cir. 2000) (noting that an argument not first raised in the brief to the Board
is waived on appeal); Ex parte Atsuhisa Nakashima, 93 USPQ2d 1834,
1840-41 (BP AI 2010) (informative) (explaining that arguments and
evidence not timely presented in the principal Brief will not be considered
when filed in a Reply Brief, absent a showing of good cause explaining why
the argument could not have been presented in the Principal Brief); Ex parte
Borden, 93 USPQ2d 1473, 1477 (BPAI 2010) (informative) ("Properly
interpreted, the Rules do not require the Board to take up a belated argument
that has not been addressed by the Examiner, absent a showing of good
cause.").
Accordingly, for the foregoing reasons, we sustain the Examiner's
rejection of independent claim 1 as being obvious over Liu and Groom.
With respect to the rejection of claim 11, Appellant relies on the
arguments presented above in response to the rejection of claim 1. Appeal
Br. 11. Accordingly, for the same reasons as discussed above, we also
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sustain the rejection of independent claim 11under35 U.S.C. § 103(a) as
being obvious over Liu and Groom.
Appellant does not make any other persuasive substantive argument
regarding the rejection of dependent claims 2-10 or 12-19. See Appeal Br.
16-17. Therefore, we likewise sustain the rejections of dependent claims 2-
10 and 12-19.
DECISION
The Examiner's decision to reject claims 1-19 under 35 U.S.C.
§ 103(a) is affirmed.
No time period for taking any subsequent action in connection with
this appeal maybe extended under 37 C.F.R. § 1.136(a)(l)(iv) (2015).
AFFIRMED
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