Ex Parte JANG et al

Patent Trials and Appeals Board

Apr 20, 2016

12544893 - (D) (P.T.A.B. Apr. 20, 2016)

UNITED STA TES p A TENT AND TRADEMARK OFFICE
APPLICATION NO. FILING DATE
12/544,893 08/20/2009
31894 7590 04/20/2016
OKAMOTO & BENEDICTO, LLP
P.O. BOX 641330
SAN JOSE, CA 95164
FIRST NAMED INVENTOR
Kyung-Oun JANG
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.
10045 .000600 1251
EXAMINER
ROSARIO BENITEZ, GUSTA VO A
ART UNIT PAPER NUMBER
2838
MAILDATE DELIVERY MODE
04/20/2016 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 KYUNG-OUN JANG, GYOUNG-SOO PARK,
HYEONG-SEOK BAEK, and SE-HWAN KIM
Appeal2014-007418
Application 12/544,893
Technology Center 2800
Before ROBERT E. NAPPI, SCOTT B. HOW ARD, and
JOHN D. HAMANN, Administrative Patent Judges.
HOW ARD, Administrative Patent Judge.
DECISION ON APPEAL
Appellants 1 appeal under 35 U.S.C. § 134(a) from a Non-final
Rejection of claims 1-20, which constitute all of the claims pending in this
application. We have jurisdiction under 35 U.S.C. § 6(b).
We reverse.
1 Appellants identify Fairchild Korea Semiconductor, Ltd. as the real party
in interest. App. Br. 1.
Appeal2014-007418
Application 12/544,893
THE INVENTION
The claimed invention is directed to a switching mode power supply
("SMPS") with variable switching operation frequency and the driving
method thereof. Spec. i-f 7. The SMPS includes "a controller that generates
a supply voltage by using a start voltage corresponding to the input power
and changes a switching operation frequency of the power switch according
to an increase/decrease of the supply voltage." Spec. i-f 8.
Claim 1, reproduced below, is illustrative of the claimed subject
matter:
1. A switching mode power supply (SMPS) that generates
output power by converting input power, comprising:
a power switch; and
a controller that generates a supply voltage by using a start
voltage corresponding to the input power and a capacitor that
supplies an operation current for the controller, the controller
changes a switching operation frequency of the power switch
during normal operation of the power switch according to
variation of a level of the supply voltage.
REFERENCES
The prior art relied upon by the Examiner as evidence in rejecting the
claims on appeal is:
Iliasevitch US 6,255,857B1 July 3, 2001
Minegishi US 2002/0039049 Al Apr. 4, 2002
Corva US 2003/0231012 Al Dec. 18, 2003
Osaka US 2005/0157522 Al July 21, 2005
Jang US 6,972,971 B2 Dec. 6, 2005
Choi US 2006/0196757 Al Sept. 7, 2006
Yang US 7,203,079 B2 Apr. 10, 2007
Shen US 2008/0309608 Al Dec. 18, 2008
Qiu US 2009/0072807 Al Mar. 19, 2009
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Appeal2014-007418
Application 12/544,893
I Fang I US 2010/0027299 Al I Feb. 4, 2010
REJECTIONS
Claims 1, 2, 9, 10, 13-16, and 20 stand rejected under 35 U.S.C.
§ 103(a) as being unpatentable over Jang in view of Osaka. Final Act. 3-7.
Claims 3 and 17 stand rejected under 35 U.S.C. § 103(a) as being
unpatentable over Jang in view of Osaka and Corva. Final Act. 8-9.
Claims 4, 5, and 18 stand rejected under 35 U.S.C. § 103(a) as being
unpatentable over Jang in view of Osaka, Corva, and Minegishi. Final Act.
9-12.
Claims 6-8 stand rejected under 35 U.S.C. § 103(a) as being
unpatentable over Jang in view of Osaka, Corva, Qiu, and Fang. Final Act.
12-17.
Claim 11 stands rejected under 35 U.S.C. § 103(a) as being
unpatentable over Jang in view of Osaka, Choi, and Shen. Final Act. 17-19.
Claim 12 stands rejected under 35 U.S.C. § 103(a) as being
unpatentable over Jang in view of Osaka, Choi, Shen, and Yang. Final Act.
19-20.
Claim 19 stands rejected under 35 U.S.C. § 103(a) as being
unpatentable over Jang in view of Osaka, Corva, Minegishi, Qiu, and Fang.
Final Act. 20-21.
ANALYSIS
We have reviewed the Examiner's rejection in light of Appellants'
arguments that the Examiner erred. In reaching this decision, we consider
all evidence presented and all arguments made by Appellants.
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Appeal2014-007418
Application 12/544,893
Appellants argue Jang "does not teach or suggest that the switching
operation frequency of the power switch Ml (shown in Jang FIG. 2) is
changed according to a variation of a level of the supply voltage [Vee]."
App. Br. 4. Instead, Appellants argue Jang is only in a normal operating
mode during time periods PNl and PN2 and during those time periods the
power supply voltage Vee is constant. Id.; Reply Br. 1-3. Based on the
above, Appellants further argue that although Osaka teaches a changing
operation frequency according to an intentional variation in voltage during
normal operation, there would be no reason for one of ordinary skill in the
art to use it with the Jang SMPS because "Jang teaches that the supply
voltage [Vee] generated by the switching driver 300 is sustained at a
constant level" during normal operation. App. Br. 6 (emphasis omitted); see
also Reply Br. 5---6.
The Examiner finds Jang teaches "a controller (300) that generates a
supply voltage (Vee) by using a start voltage (Vstr) corresponding to the
input power (VAC) and a capacitor (C4) that supplies an operation current
for the controller." Ans. 3. The Examiner further finds "Osaka teaches
(Figures 1, 2 and 6) the controller ( 6) changes a switching operation
frequency of the power switch (2 or 3) during normal operation of the power
switch according to variation of a level of the supply voltage (at 7)." Id.
Accordingly, the Examiner finds a person of ordinary skill in the art would
have modified Jang to include the switching operation frequency of the
power switch according to a variation of the supply voltage as taught by
Osaka in order "to produce a stable output voltage under a wider variation of
input voltage." Id.
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Appeal2014-007418
Application 12/544,893
In response to Appellants' argument that Jang teaches a constant
supply voltage during normal operation, the Examiner finds Jang's Figure 6
shows the Vee varying during time period PA. Ans 3--4.
Based on the record before us, we agree with Appellants that the
Examiner erred. Jang teaches a constant power supply voltage Vee during
normal operation: "UVLO/bandgap unit 310 starts to operate when power
supply voltage V cc reaches a predetermined level so as to provide a constant
voltage for powering PWM generator 301. HV /REG 320 together with
UVLO/bandgap unit 310 operate to sustain power supply voltage Vee at a
constant level." Jang 3:54--59 (emphasis added). Although Jang's Figure 6
shows the Vee varying over period PA, Jang states that period PNl and PN2
represent the "normal operating modes" and PA represents a protection
mode. Jang 4:57---61. Jang goes on to describe how period PA begins at the
end of a "normal mode" and that the "normal mode" resumes in time period
PN2. Jang 6:54--7:13. We note the Examiner's description of Figure 6
acknowledges that period PA is not the normal operating mode:
When it is determined by the UVLO 310 (See Fig. 3) that the
Vee voltage is at a desired level the PWM control circuitry 380
start to operate (Pn 1) with its respective duty cycle (See V d at
Fig. 6) when an undesirable condition is detected (at Pa) by
protector 360 the Vee signal is kept within two voltage levels as
shown in Figure 6 and the V d signal at switch Ml is low level.
After a predetermined time (n) has passed determined by
controller 370 a normal signal is sent from the protector 360 to
switching driver 300 to operate normally (at n) if the undesirable
condition persist then the system remains in protection mode for
another predetermined time. As can be seen in Figure 6 the
operation of the power switch is varied according to the V cc
signal, also the V cc signal can be set to vary between to levels as
mentioned in paragraph 3 5.
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Appeal2014-007418
Application 12/544,893
Ans. 3--4 (emphasis added). Based on the record before us, we conclude that
Jang teaches a constant Vee "during normal operation of the power switch"
and that the motivation relied on by the Examiner does not provide a
"rational underpinning to support the legal conclusion of obviousness." In
re Kahn, 441F.3d977, 988 (Fed. Cir. 2006), cited with approval in KSR
Int'! Co. v. Teleflex Inc., 550 U.S. 398, 418 (2007).
Accordingly, we are constrained on this record to reverse the
Examiner's rejection of claim 1, along with the rejection of claim 15, which
is argued on the same ground, and dependent claims 2-14 and 16-20.
DECISION
For the above reasons, we reverse the Examiner's rejection of claims
1-20.
REVERSED
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