Ex Parte Ibrahim

Board of Patent Appeals and Interferences

Jan 31, 2011

10910590 (B.P.A.I. Jan. 31, 2011)

UNITED STATES PATENT AND TRADEMARK OFFICE
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BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
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Ex parte IBRAHIM IBRAHIM
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Appeal 2009-009277
Application 10/910,590
Technology Center 3700
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Before WILLIAM F. PATE III, STEVEN D.A. McCARTHY and
STEFAN STAICOVICI, Administrative Patent Judges.

McCARTHY, Administrative Patent Judge.

DECISION ON APPEAL1

1 The two-month time period for filing an appeal or commencing a civil
action, as recited in 37 C.F.R. § 1.304, or for filing a request for rehearing,
as recited in 37 C.F.R. § 41.52, begins to run from the “MAIL DATE”
(paper delivery mode) or the “NOTIFICATION DATE” (electronic delivery
mode) shown on the PTOL-90A cover letter attached to this decision.
Appeal 2009-009277
Application 10/910,590

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STATEMENT OF THE CASE 1
The Appellant appeals under 35 U.S.C. § 134 from the Examiner’s 2
final decision rejecting claims 1-37. More specifically, the Examiner rejects 3
claims 1-37 under 35 U.S.C. § 102(b) as being anticipated by Hochmair (US 4
4,357,497, issued Nov. 2, 1982) or in the alternative under 35 U.S.C. 5
§ 103(a) as being unpatentable over Hochmair. We have jurisdiction over 6
the appeal under 35 U.S.C. § 6(b). 7
We AFFIRM. 8
Claim 1 is illustrative of the claims on appeal. 9
1. A corrosion-resistant switching mechanism for 10
enabling a user to control an internal signal of an 11
electronic device, comprising: 12
an environmentally-exposed, manually-13
adjustable switch having an input and a switched 14
output; 15
a first component configured to provide an 16
AC signal to said input of said manually- 17
adjustable switch; and 18
an environmentally-isolated second 19
component to control an internal signal in response 20
to receipt of said AC signal from said switched 21
output, wherein the AC signal does not have a DC 22
component. 23
(Italics added). 24
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ISSUES 26
The Appellant does not argue separately for the patentability of any 27
claim. The rejections of claims 1-37 will be addressed as a group, of which 28
claim 1 is representative. 29
Appeal 2009-009277
Application 10/910,590

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The following are at issue in this appeal: 1
Is Hochmair’s external jack 148 a “switch” which 2
changes switching state when connected with a plug or jack? 3
(Br. 9-10).2 4
5
FINDINGS OF FACTS 6
The record supports the following findings of fact (“FF”) by a 7
preponderance of the evidence. 8
1. We adopt and incorporate by reference the Examiner’s findings 9
in the paragraph at page 3, lines 6-16 of the Examiner’s Answer beginning 10
“Regarding claims 1-4, 15-17, 25, 31, 32, 34 and 36 . . . .” 11
2. We adopt the Examiner’s findings at page 3, line 21 through 12
page 4, line 2 of the Examiner’s Answer: “[W]hen considering the external 13
jack to embody the switch, the external jack is inherently exposed to the 14
external environment. Furthermore, the ability to select between the internal 15
microphone and external microphones, telephones, TVs, etc. show the 16
device disclosed in Hochmair '497 to be manually-adjustable.” At page 8 of 17
the Appeal Brief, the Appellant concedes that the “only reasonable 18
interpretation of Hochmair is that external jack 148 is properly understood as 19
being environmentally-exposed . . . .” (See also Hochmair, col. 11, ll. 12-19 20
(describing the external jack 148 as connecting with a plug from “an 21

2 Claims 15-21 do not include limitations corresponding to the
limitation of claim 1 requiring an environmentally-exposed, manually-
adjustable switch. Since the Appellant offers no separate argument for the
patentability of claims 15-21, we sustain the rejection of those claims under
§ 102(b) as being anticipated by Hochmair.
Appeal 2009-009277
Application 10/910,590

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external microphone, telephone adapter, cassette recorder, T.V. set, etc.” to 1
provide input to the speech processing unit 116)). 2
3. The Specification refers to components in the switching 3
mechanisms 300, 400 or 600 of the speech processing unit 116 as having 4
components that are environmentally exposed and environmentally isolated. 5
(Spec., paras. [0026], [0030] and [0043]). 6
4. For example, paragraph [0030] of the Specification describes 7
switching mechanism 400 as comprising “environmentally-exposed 8
components 401 and environmentally-isolated components 403. 9
Environmentally-exposed components 401 are subject to the incursion of 10
moisture while environmentally-isolated components 403 are internal 11
components which are sufficiently shielded, covered, etc., to substantially 12
prevent intrusion of moisture.” 13
14
ANALYSIS 15
The Examiner is correct in finding that “the exposed jack 148 16
comprises a switch within a reasonable interpretation of the term.” (Ans. 5) 17
The Appellant concedes that the external jack 148 is environmentally-18
exposed. (FF 2). The Appellant does contend that external jack 148 is not a 19
switch however. (See Br. 8-10). 20
The Appellant offers, and we accept, the definition of a switch from 21
the IEEE Standard Dictionary of Electrical and Electronics Terms. The 22
IEEE Standard Dictionary of Electrical and Electronics Terms defines a 23
“switch” as “a device for making, breaking, or changing the connections in 24
an electric circuit.” (Br. 9). We also accept the definition of a “jack” from 25
the same source as “a connecting device . . . to which a wire or wires of a 26
Appeal 2009-009277
Application 10/910,590

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circuit may be attached and that is arranged for the insertion of a plug” to the 1
extent that a jack is one component of a switch. (Id.) These definitions 2
describe at least the switches 202, 204, 206, 302, 402 and 602 described in 3
the Specification and depicted in the Appellant’s drawing figures. (See FF 3 4
and 4; see also Spec., paras. [0024]-[0025], [0026], [0031] and figs. 3, 4 and 5
6). 6
The Examiner correctly finds “a jack functions by connecting an input 7
device, i.e. changing the circuit connection, when the plug is inserted and 8
thus completes the circuit running from the input to the jack, across the plug, 9
and through the output of the jack in order to switch the input device 10
connected thereto.” (Ans. 7). In other words, Hochmair’s external jack 148 11
and plug, such as a plug from an external microphone, is a switch because 12
when the plug is connected and disconnected from the external jack 148 13
there is a change in the connection of the electric circuit. 14
15
16
CONCLUSION 17
Hochmair’s external jack 148, when connected and disconnected with 18
a plug, such as a plug from an external microphone, is a switch. We sustain 19
the rejections of claims 1-37 under § 102(b) as being anticipated by 20
Hochmair. Since we sustain the rejection under § 102(b), we do not reach 21
the alternative rejection under § 103(a). 22
Appeal 2009-009277
Application 10/910,590

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DECISION 1
We AFFIRM the Examiner’s decision finally rejecting claims 1-37. 2
No time period for taking any subsequent action in connection with 3
this appeal may be extended under 37 C.F.R. § 1.136(a). See 37 C.F.R. 4
§ 1.136(a)(1) (2009). 5
6
AFFIRMED 7
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