Ex Parte Fukumoto

Patent Trial and Appeal Board

Sep 20, 2016

13407969 (P.T.A.B. Sep. 20, 2016)

UNITED STA TES p A TENT AND TRADEMARK OFFICE
APPLICATION NO. FILING DATE
13/407,969 02/29/2012
22919 7590 09/22/2016
GLOBAL IP COUNSELORS, LLP
David Tarnoff
1233 20TH STREET, NW
Suite 600
WASHINGTON, DC 20036-2680
FIRST NAMED INVENTOR
Yasuyuki FUKUMOTO
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.
FN-US115406 7378
EXAMINER
ROERSMA, ANDREW MARK
ART UNIT PAPER NUMBER
3637
NOTIFICATION DATE DELIVERY MODE
09/22/2016 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):
mailpto@giplaw.com
PTOL-90A (Rev. 04/07)
UNITED STATES PATENT AND TRADEMARK OFFICE
BEFORE THE PATENT TRIAL AND APPEAL BOARD
Ex parte Y ASUYUKI FUKUMOTO
Appeal2014-006116
Application 13/407 ,969 1
Technology Center 3600
Before MICHAEL C. ASTORINO, PHILIP J. HOFFMANN, and
BRUCE T. WIEDER, Administrative Patent Judges.
WIEDER, Administrative Patent Judge.
DECISION ON APPEAL
This is a decision on appeal under 35 U.S.C. § 134 from the
Examiner's rejection of claims 1-10 and 12-16. We have jurisdiction under
35 U.S.C. § 6(b).
We REVERSE.
1 According to Appellant, the real party in interest is Funai Electric Co.,
LTD. (Appeal Br. 4.)
Appeal2014-006116
Application 13/407,969
CLAIMED SUBJECT MATTER
Appellant's claimed "invention relates to a cabinet structure assembly
for attaching an attachment member to a cabinet." (Spec. i-f 2.)
Claim 1 is the sole independent claim on appeal. It is reproduced
below:
1. A cabinet structure assembly comprising:
a cabinet including a wall with an inner face;
an attachment cover disposed on the inner face of the
cabinet, the attachment cover including a top wall portion that
faces the inner face of the cabinet and a side wall portion that
extends between the inner face of the cabinet and the top wall
portion, the top wall portion having an engagement recess; and
an attachment member detachably disposed within the
attachment cover for installation through an access opening of
the attachment cover, the attachment member having a base plate
and a top plate that is arranged relative to the base plate, the base
plate having a threaded hole that is aligned with a through-hole
of the inner face of the cabinet, the top plate having a bulging
portion that is engaged with the engagement recess of the top
\'l1all portion, the attachment member being compressed bet\'l/een
the top wall portion of the attachment cover and the inner face of
the cabinet such that the top plate is biased against the top wall
portion of the attachment cover and the base plate is biased
against the inner face of the cabinet,
the bulging portion of the attachment member being
disposed farther from a first end portion of the top plate than a
second end portion of the top plate, the first end portion being
opposite the second end portion, the second end portion forming
a free end of the top plate,
the bulging portion of the attachment member being
spaced apart from a center axis of the threaded hole of the base
plate in a direction extending from the first end portion to the
second end portion along the top plate, the bulging portion of the
top plate protruding away from the base plate.
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Appeal2014-006116
Application 13/407,969
REJECTIONS
Claims 1-3, 5-9, and 12-14 are rejected under 35 U.S.C. § 103(a) as
unpatentable in view ofKameoka (US 2008/0277548 Al, pub.
Nov. 13, 2008), Koji (JP 2008-180318, pub. Aug. 7, 2008), and Tinnerman
(US 2,363,210, iss. Nov. 21, 1944).
Claim 4 is rejected under 35 U.S.C. § 103(a) as unpatentable in view
of Kameoka, Koji, Tinnerman, and Davidson (US 7,236,353 B2, iss.
June 26, 2007).
Claim 10 is rejected under 35 U.S.C. § 103(a) as unpatentable in view
of Kameoka, Koji, Tinnerman, and Csik (US 6,854,941 B2, iss.
Feb. 15, 2005).
Claim 15 is rejected under 35 U.S.C. § 103(a) as unpatentable in view
ofKameoka, Koji, Tinnerman, and Ito (US 5,899,499, iss. May 4, 1999).
Claim 16 is rejected under 35 U.S.C. § 103(a) as unpatentable in view
ofKameoka, Koji, Tinnerman, and Catron (US 7,178,855 B2, iss.
Feb. 20, 2007).
ANALYSIS
The Examiner finds that "Kameoka teaches a cabinet structure
assembly comprising: a cabinet (2) including a wall (2a) with an inner face;
and an attachment member ( 4) having a base plate ( 4b) and a top plate (23)
that is arranged relative to the base plate." (Final Action 2-3.) The
Examiner further finds that "Koji teaches attaching nut 13 (analogous to
Kameoka's fitting 4) to plate material 1 using a nut holding part 11
(attachment cover) integrally molded on the inner face of material 1, thereby
holding nut 13 in place so as to make assembly easier." (Id. at 3.) The
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Appeal2014-006116
Application 13/407,969
Examiner further finds that "Tinnerman teaches a fastener 10 snap-fit onto
structural beam A so as to join beam A and panel C with a bolt B.
Fastener 10 has projections 25 (bulging portions) that engage in openings a3
of beam A to prevent shifting of the fastener on beam A." (Id. at 4.)
Based on these findings, the Examiner determines that "[ m ]otivated to
prevent Kameoka's fitting 4 from shifting, as taught by Tinnerman, it would
have been obvious to one having ordinary skill in the art at the time the
invention was made to put at least one bulging portion on fitting 4 and
corresponding openings in the attachment cover." (Id.)
Kameoka discloses an inner wall hanger fitting 4. (Kameoka i-f 34.)
"The main body 4a is formed in an approximate H shape in the front view.
The extension portions 4b are formed at four outer comers of the main
body 4a." (Id.; see also id. at Fig. 6A.) Kameoka further discloses that
"[t]he inner wall hanger fitting 4 is affixed to an inner face (front side) of the
rear cover 2a at two places at upper ends with fasteners 9. (Id. i-f 37; see also
id. at Fig. 6A.)
Appellant argues,
referring to paragraph [0037] ofKameoka, the hanger fitting 4 is
basically held by engaging the L-shaped hooks 8 of the rear cover
2a with the engagement holes 7 of the hanger fitting 4, and then
is affixed to the rear cover 2a with the fasteners 9. In other
words, the hanger fitting 4 is already held on the wall 2a for
facilitating assembly and is already prevented from shifting
before screws 15 are passed through holes 14, 13 and 11.
(Reply Br. 6, emphasis omitted.) Therefore, Appellant argues, the "reasons
for applying Tinnerman's projections 25 and openings a3 to Kameoka's
fastener 4b and Koji's holding part 11 ... are erroneously asserted." (Id.,
emphasis omitted).
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Appeal2014-006116
Application 13/407,969
When, as in this case, it is necessary "to look to interrelated teachings
of multiple patents," we must "determine whether there was an apparent
reason to combine the known elements in the fashion claimed by the patent
at issue." KSR Int'! Co. v. Teleflex Inc., 550 U.S. 398, 418 (2007).
"' [T]here must be some articulated reasoning with some rational
underpinning to support the legal conclusion of obviousness.'" Id. (citing In
re Kahn, 441 F.3d 977, 988 (Fed. Cir. 2006)).
Fitting 4 of Kameoka is affixed with fasteners to the rear cover at two
places and thus extension portions 4b, which are part of fitting 4, are also
affixed. (See Kameoka i-fi-134, 37.) Therefore, it is not clear why one of
ordinary skill in the art would have been motivated to include a bulging
portion "to prevent Kameoka' s fitting 4 from shifting," as suggested by the
Examiner. (See Final Action 4.)
In view of the above, we are persuaded that the Examiner has not
shown an apparent reason to combine the prior art elements as set forth in
claim 1.
Therefore, we are persuaded that the Examiner erred in rejecting
claim 1 and dependent claims 2-10 and 12-16.
DECISION
The Examiner's rejections of claims 1-10 and 12-16 under 35 U.S.C.
§ 103(a) are reversed.
REVERSED
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