Ex Parte Fix et alDownload PDFPatent Trial and Appeal BoardMay 8, 201814198024 (P.T.A.B. May. 8, 2018) Copy Citation UNITED STA TES p A TENT AND TRADEMARK OFFICE APPLICATION NO. FILING DATE 14/198,024 03/05/2014 10800 7590 05/08/2018 Maginot, Moore & Beck LLP One Indiana Square, Suite 2200 Indianapolis, IN 46204 FIRST NAMED INVENTOR Richard Fix 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. 2178-1032 7253 EXAMINER MUI, CHRISTINE T ART UNIT PAPER NUMBER 1797 MAIL DATE DELIVERY MODE 05/08/2018 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 PATENT TRIAL AND APPEAL BOARD Ex parte RICHARD FIX and ANDREAS KRAUSS Appeal2017-007946 Application 14/198,024 Technology Center 1700 Before JEFFREY B. ROBERTSON, MONTE T. SQUIRE, and SHELDON M. McGEE, Administrative Patent Judges. McGEE, Administrative Patent Judge. DECISION ON APPEAL Pursuant to 35 U.S.C. § 134, Appellant1 seeks our review of the Examiner's rejection under 35 U.S.C. § 102(b) of claims 1-15 and 18-22, and rejection under 35 U.S.C. § 103(a) of claims 16 and 17. We have jurisdiction. 35 U.S.C. § 6. We reverse. 1 Appellant is the Applicant, Robert Bosch GmbH, and is stated to be the real party in interest. App. Br. 2. Appeal2017-007946 Application 14/198,024 BACKGROUND The subject matter on appeal relates to a functional element to be arranged in front of an active measuring region of a sensor element and sensor arrangements containing such functional and sensor elements. Spec. 1:8-10. Figure 1 of the application is illustrative and is reproduced below: , 26- FIG~ 1 Figure 1 illustrates a sensor arrangement 10 which contains sensor element 12 and functional element 16. Spec. 17:6-7, 10, 18. Sensor element 12 contains an active detection surface 14, which surface contains multiple defined and independent locally limited detection regions 28. Id. at 17:14, 18:19-23.2 Functional element 16 comprises main body 18 with a gas-side surface 20 and a sensor-side surface 22. Id. at 17:19-21. 2 We note the Specification contains several apparent typographical errors in the description of Figure 1. Namely, at 18:20, detection surface 14 is mislabeled as "detection surface 24," at 18:21, functional element 16 is erroneously listed as "functional element 14," and at 18:23, detection surface 14 is misidentified as "detection surface 16." We leave it to Appellant to correct such errors should prosecution continue in this application. 2 Appeal2017-007946 Application 14/198,024 Functional element 16 comprises at least two functional channels 24 between the gas-side surface 20 and sensor-side surface 22, wherein a gas to be measured can be pretreated or have its temperature modified prior to reaching sensor element 12. Id. at 18:4--12. Such pretreatment within the functional channel 24 can be achieved by placing one or more functional channel elements 25 (e.g., a catalyst, a diffusion barrier, or an ion- conducting material) within functional channel 24. Id. at 18:7-11. Independent claim 1 is illustrative, is copied from the Claims Appendix of the Appeal Brief, and appears below (with the dispositive limitation italicized): 1. A functional element [ 16], comprising: a main body [ 18] that includes: a gas-side surface [20]; and a sensor-side surface [22]; and at least two functional channels [24] located between the gas-side surface and the sensor-side surface, wherein each of the at least two functional channels is configured to direct a flow of a gas stream having a gas component therethrough separate from the other functional channels from the gas-side surface to the sensor-side surface, and wherein each of the at least two functional channels has a functionality operable on the gas component that is different from one another with respect to the gas component that can pass through; wherein the functional element is configured to be positioned between the gas stream and an active detection surface of a gas sensor element, the active detection surface operable to detect the gas component contacting the surface, the functional element positioned with the gas-side surface in contact with the gas stream and the sensor-side surface facing the active detection surface. App. Br. 14. 3 Appeal2017-007946 Application 14/198,024 REJECTIONS ON APPEAL On appeal, the Examiner maintains the following rejections: I. Claims 1-15 and 18-22 under 35 U.S.C. § I02(b) as anticipated by Fix (US 2011/0266681 Al, published November 3, 2011); and II. Claims 16 and 17 under 35 U.S.C. § I03(a) as unpatentable over Fix and Fix II (WO 2011/091912 Al, published August 4, 2011). OPINION In finding that Fix anticipates claim 1, the Examiner provides an annotated Figure 1.4 of Fix, as set forth below: gas~side surface • ¥~ -- -~*.:¥:,II: ,a: 11-~ IW.:at .... ;i,::.,. « •• ~ « •• ._. · "•~., 11 13functiona~ functional channel * channel 1- ,.w; .. , to"•"'''' main body: f I• 3 The Examiner's annotated Figure 1.4 of Fix identifies two "functional channels" located in the open spaces above substrate 3 "where the number 7 is in Figure 1.4, in particular the unprotected exposed side surfaces of the conductive structures." Ans. 10. Relevant to this appeal, the Examiner finds that each of Fix's two functional "channels has a functionality operable on a gas component that is different from each other," and that "[t]he operability of functioning as a high temperature field-effect transistor[] and oxidizing 4 Appeal2017-007946 Application 14/198,024 oxygen are defining two different functionalities." Id. at 10-11 citing Fix ,r,r 10, 15, 41. Appellant contends, inter alia, that the Examiner confuses the functionality of Fix's entire device with the functionality of a component of that device, namely, the functional channel. Reply Br. 4. Specifically, Appellant notes that Fix's entire semiconductor chip-not the functional channel that is contained therein - acts as a field-effect transistor (PET). Id. Appellant also notes that Fix's "'channels' have an identical construction" which would lead to the channels having the same, not different, functionality. Id. We are persuaded that Appellant has identified reversible error. Fix discloses electronic components having a substrate made of a semiconductor material such as gallium nitride. Fix ,r 15. "Such electronic components are, for instance, high-temperature field-effect transistors [FE Ts] as they are used as gas sensors." Id. (emphasis added). Thus, Appellant is correct (Reply Br. 2-3, 4) that it is Fix's electronic component as a whole, and not the channels contained therein, that function as a high-temperature PET. Fix ,r 15. It follows that the Examiner has not established that Fix discloses "at least two functional channels [ each having] a functionality operable on [a] gas component that is different from one another" as recited in claim 1. Because a similar limitation appears in the other independent claims 7 and 10, and because the Examiner relies on the same erroneous findings for these independent claims as for claim 1 (Ans. 4--5, 13-14), we do not sustain the anticipation rejection of claims 1-15 and 18-22 over Fix. Furthermore, because the Examiner relies on the same erroneous findings to establish that claims 16 and 17 are obvious over Fix and Fix II (Final Act. 8-9; Ans. 8), we do not sustain the Examiner's obviousness rejection of these claims. 5 Appeal2017-007946 Application 14/198,024 DECISION The Examiner's rejections are reversed. REVERSED 6 Copy with citationCopy as parenthetical citation