Ex Parte Gale et al

Patent Trial and Appeal Board

Sep 7, 2016

12423176 (P.T.A.B. Sep. 7, 2016)

UNITED STA TES p A TENT AND TRADEMARK OFFICE
APPLICATION NO. FILING DATE
12/423,176 04/14/2009
28395 7590 09/09/2016
BROOKS KUSHMAN P,CJFG1L
1000 TOWN CENTER
22NDFLOOR
SOUTHFIELD, MI 48075-1238
FIRST NAMED INVENTOR
Allan Roy Gale
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.
81186876 8048
EXAMINER
PELTON, NATHANIEL R
ART UNIT PAPER NUMBER
2859
NOTIFICATION DATE DELIVERY MODE
09/09/2016 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):
docketing@brookskushman.com
PTOL-90A (Rev. 04/07)
UNITED STATES PATENT AND TRADEMARK OFFICE
BEFORE
THE PA TENT TRIAL AND APPEAL BOARD
Ex parte ALLAN ROY GALE, 1
Larry Dean Elie, Michael W. Degner, and
Paul William Keberly
Appeal2015-001802
Application 12/423,176
Technology Center 2800
Before MARK NAGUMO, N. WHITNEY WILSON, and
MONTE T. SQUIRE, Administrative Patent Judges.
NAGUMO, Administrative Patent Judge.
DECISION ON APPEAL
Allan Roy Gale, Larry Dean Elie, Michael W. Degner, and
Paul William Keberly ("Gale") timely appeal under 35 U.S.C. § 134(a) from
the Final Rejection2 of claims 1-15, which are all of the pending claims.
We have jurisdiction. 35 U.S.C. § 6. We reverse for reasons stated by Gale.
1 The real party in interest is identified as Ford Global Technologies, LLC.
(Appeal Brief, filed 11November2014 ("Br."), 2.)
2 Office action mailed 18 December 2013 ("Final Rejection"; cited as
"FR").
Appeal2015-001802
Application 12/423,176
A. Introduction3
OPINION
The subject matter on appeal relates to methods for controlling the
current flow through a power distribution circuit that is subject to various
loads that cannot always be specified. The '17 6 Specifciation teaches, for
example, that during the period when the battery of an electric vehicle is
being charged from an electrical power outlet in a home-garage, other loads
(e.g., refrigeration, home heating) may be placed on the system, affecting the
amount of current available to charge the battery. (Spec. 11, 11. 16-20.)
Control of the current pulled by the charging circuit it said to be desirable.
(Id. at 11. 20-24.)
Figure 1, below, shows vehicle 1004 being charged by connection to
power outlet 32.
{Fig 1 shows electric vehicle 100 connected to power outlet 32 to charge battery 12}
3 Application 12/423,176, Method and system for controlling current flow
through a power distribution circuit, filed 14 April 2009. We refer to the
'" 176 Specification," which we cite as "Spec."
4 Throughout this Opinion, for clarity, labels to elements are presented in
bold font, regardless of their presentation in the original document.
2
Appeal2015-001802
Application 12/423,176
Battery 12 is "on-board" vehicle 100, as is, in this case, charger 14; power
cable 34, outlet 32, and the fuse box are "off-board."
Figs. 3 and 4, below, are said to provide equivalent representations of
a circuit 148 in which unknown loads draw power from the mains in a house
when a vehicle battery is being charged. (Spec. 11, 11. 25-26.)
~1411
1---------------------------------~----------------i-----------------------·------···r--------····------------···--1141·····-----i--we •' ~ ' .
------~~~---- ..--152 ~ Fuse • : :;o r Loo~:is_l_}-~--·149 r· --~~~;~·-----,
Saurw ! Bo:-: • L:.: .. f-~:~~-- · - L'.~~~~~----
"----------------------1,,~,,. • ______________________ J _____________________ '.38'"'-1 1-----140
<>••·········~····· .. ··· . : .......................................... .._..... ................ _ .................................................................................. -....................... -)
Fig-3
,,.-···148
! r--R;~:~--) --J ----rrr;; ------i---f-8;] --~---l-136
A ~ 0 , ..l_ i~) l ____ L ____ 1
( V;,,; ) fl1t,~.bo:-241
y
24(1
The difficulty with the Examiner's findings is that, as shown in
Kamaga Fig. 3, current sensors 10 (Ibat) and 14 (IDC), and voltage
sensors 12 (Vbat) and 16 (VDC), which are inputs to control unit 2, are all
on-board vehicle 100. Because the Examiner does not make any other
findings that cure this fundamental defect, this error is harmful, and it
suffices, without more, as a basis for reversal.
C. Order
It is ORDERED that the rejection of claims 1-15 is reversed.
REVERSED
6