15062290 - (D) (P.T.A.B. May. 14, 2019)

Ex Parte Johnston

Patent Trials and Appeals BoardMay 14, 2019

15062290 - (D) (P.T.A.B. May. 14, 2019)

UNITED STA TES p A TENT AND TRADEMARK OFFICE APPLICATION NO. 15/062,290 62439 7590 SINORICA, LLC 20251 Century Blvd. Suite 140 FILING DATE 03/07/2016 05/16/2019 Germantown, MD 20874 FIRST NAMED INVENTOR Jeffrey Ross Johnston 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. TUP29155 2062 EXAMINER ROSARIO-APONTE, ALBA T ART UNIT PAPER NUMBER 3761 NOTIFICATION DATE DELIVERY MODE 05/16/2019 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): SINORICA@GMAIL.COM sinorica@outlook.com pair@sinorica.com PTOL-90A (Rev. 04/07) UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE PATENT TRIAL AND APPEAL BOARD Ex parte JEFFREY ROSS JOHNSTON Appeal 2018-006181 Application 15/062,290 Technology Center 3700 Before JAMES P. CALVE, MICHAEL J. FITZPATRICK, and JEREMY M. PLENZLER, Administrative Patent Judges. PLENZLER, Administrative Patent Judge. DECISION ON APPEAL STATEMENT OF THE CASE Appellant seeks our review under 35 U.S.C. Â§ 134(a) of the Examiner's Decision rejecting claim 1. We have jurisdiction under 35 U.S.C. Â§ 6(b ). We AFFIRM. Appeal 2018-006181 Application 15/062,290 CLAIMED SUBJECT MATTER Claim 1 is the only claim pending, and is reproduced below: 1. A distributable inductive heating system comprising: a main power supply; a system control unit; a wireless communication device; a crib heater; a plurality of environmental sensors; a plurality of induction heating units; the system control unit being electronically connected to the main power supply; the wireless communication device being electronically connected to the system control unit; the crib heater being configured to be positioned adjacent to at least one train track rail; the plurality of environmental sensors being electronically connected to the main power supply and the system control unit; the plurality of environmental sensors comprising a second temperature sensor, a snow detection sensor and an ambient outside temperature sensor; the second temperature sensor being configured to be in thermal communication with the at least one train track rail; the plurality of induction heating units being electronically connected to the crib heater; the plurality of induction heating units being electrically connected in parallel with each other; each of the plurality of induction heating units comprising a power supply card, a heating head, an attachment mechanism, a first shielded wire, a second shielded wire and a vibration dampener; the crib heater being positioned opposite to the heating head; 2 Appeal 2018-006181 Application 15/062,290 the heating head being configured to be in thermal communication with the at least one train track rail; the vibration dampener being mounted in between the heating head and the attachment mechanism; the heating head being configured to be mounted onto the at least one train track rail by the vibration dampener and the attachment mechanism; the plurality of heating heads of the plurality of induction heating units being configured to be distributed along the at least one train track rail; the attachment mechanism comprising a clamp system or a screw and bolt system; the system control unit being electronically connected to the power supply card of each of the plurality of induction heating units; the main power supply being electrically connected to the power supply card of each of the plurality of induction heating units; the power supply card being electrically connected to the heating head; the power supply card being disposed outside the heating head; the power supply card comprising a frequency generator, a control board and a power conditioning unit; the power conditioning unit being electrically connected to the main power supply; the control board being electrically connected to the power conditioning unit; the frequency generator being electrically connected to the control board and the heating head; the heating head comprising a waterproof housing, an induction coil, an electrically-insulative potting, a first temperature sensor, an oil-filled case and an eddy current deflecting magnetic shield; 3 Appeal 2018-006181 Application 15/062,290 the waterproof housing being mounted within the oil- filled case; the electrically-insulative potting being filled in the waterproof housing; the induction coil being mounted within the waterproof housing by the electrically-insulative potting; the eddy current deflecting magnetic shield and the first temperature sensor being mounted within the waterproof housing; the waterproof housing comprising a contact wall; the contact wall being configured to be attached against the at least one train track rail; the induction coil being positioned in between the contact wall and the eddy current deflecting magnetic shield; the first temperature sensor being in thermal communication with the induction coil; the induction coil being electrically connected to the power supply card by the first shielded wire; the first temperature sensor being electrically connected to the power supply card by the second shielded wire; the main power supply being an alternating current power supply; and the induction coil being of a pancake shape. REJECTIONS 1. Claim 1 is rejected under 35 U.S.C. Â§ 112(a) as failing to comply with the written description requirement. 2. Claim 1 is rejected under 35 U.S.C. Â§ 112(a) as failing to comply with the enablement requirement. 3. Claim 1 is rejected under 35 U.S.C. Â§ 112(b) as being indefinite. 4. Claim 1 is rejected under 35 U.S.C. Â§ 103(a) as being unpatentable over Sun (CN 201896278, published July 13, 2011), Park (KR 4 Appeal 2018-006181 Application 15/062,290 20030063299, published July 28, 2003), Hu (CN 201798977, published April 20, 2011), Honeck (US 2013/0220991 Al, published Aug. 29, 2013), Keep (US 4,391,425, issued July 5, 1983), and Broome (US 2,500,399, issued Mar. 14, 1950). OPINION Section l l 2(a) and (b) Reiections Appellant does not dispute, or even acknowledge, the Examiner's rejections of claim 1 under 35 U.S.C. Â§ 112(a) as failing to comply with the written description requirement or the enablement requirement, or the rejection of claim 1 under 35 U.S.C. Â§ 112(b) as being indefinite. Our rules state that Appellant's "arguments shall explain why the examiner erred as to each ground of rejection contested by appellant." See 37 C.F.R. Â§ 4I.37(c)(l)(iv). "When the appellant fails to contest a ground of rejection to the Board ... the PTO may affirm the rejection of the group of claims that the examiner rejected on that ground without considering the merits of those rejections." Hyatt v. Dudas, 551 F.3d 1307, 1314 (Fed. Cir. 2008). Accordingly, because there is no assertion of error by Appellant, we summarily affirm the Examiner's rejections of claim 1 underÂ§ 112. Section 103 Reiection The Examiner proposes combining the teachings of Sun, Park, Hu, Honeck, Keep, and Broome in the rejection of claim 1. Non-Final Act. 5- 13. Appellant does not dispute the majority of the Examiner's findings, or any of the rationales set forth in the rejection. Rather, Appellant only disputes the Examiner's findings related to Sun teaching the recited "frequency generator," "eddy current deflecting magnetic shield," and "attachment mechanism comprising ... a screw and bolt," and the finding 5 Appeal 2018-006181 Application 15/062,290 related to Hu teaching the recited "power conditioning unit." Appeal Br. 7- 19. "frequency generator" Claim 1 recites that "the power supply card compris[ es] a frequency generator," but does not include further detail about the "frequency generator." The Examiner finds that Sun teaches a "frequency generator." Non-Final Act. 6 (finding that Sun teaches generating a constant frequency). Appellant acknowledges that Sun teaches a "control circuit board 8 [that] outputs an alternating current with a constant frequency," but contends that Sun does not teach a "frequency generator" because it "does not disclose that the control circuit board 8 is used to vary the constant frequency." Appeal Br. 10 ( emphasis added). Although the particular embodiment identified by Appellant in the Specification describes using "frequency generator 7 ... to vary the frequencies according to the required power levels" (Spec. 13:3--4), Appellant provides no basis for us to interpret "frequency generator" to require the ability to vary frequency, rather than simply control output to a certain constant frequency as the Examiner determines. The extent of Appellant's contentions is a summary of the embodiment described in the Specification followed by a conclusion that Sun does not include those unclaimed features. Id. at 9-10. We are not apprised of error because Appellant provides no explanation as to why those additional features should be required by the claim. "eddy current deflecting magnetic shield" Claim 1 additionally recites that "the heating head compris[ es] ... an eddy current deflecting magnetic shield," but does not include further detail about the "eddy current deflecting magnetic shield." The Examiner finds 6 Appeal 2018-006181 Application 15/062,290 that Sun teaches an "eddy current deflecting magnetic shield." Non-Final Act. 7. Appellant acknowledges that "in Sun, the ferrite electromagnetic shielding plate 6 is made of a ferrite material." Appeal Br. 14. Appellant contends, however, that Sun does not teach an "eddy current deflecting magnetic shield" because Sun's "electromagnetic shielding plate 6 ... is essentially different from the eddy current deflecting magnetic shield device 17 made of the Inconel material of the present application." Id. Again, Appellant's contentions are a summary of the embodiment described in the Specification, which includes eddy current deflecting magnetic shield device 17, which is made of the Inconel, followed by a conclusion that Sun's ferrite electromagnetic shielding plate 6 is not an "eddy current deflecting magnetic shield" because it is not made of Iconel. We are not apprised of error because Appellant provides no explanation as to why the claim requires that the "eddy current deflecting magnetic shield" is made of Iconel. "attachment mechanism comprising . .. a screw and bolt" Claim 1 additionally requires that "each of the plurality of induction heating units compris[ es] ... an attachment mechanism" and specifies that "the attachment mechanism compris[ es] a clamp system or a screw and bolt system." Appeal Br. 22 (Claims App.) (emphasis added). The Examiner finds that Sun at least teaches an attachment mechanism in the form of a clamp system. Non-Final Act. 6. Once again, citing a specific embodiment in the Specification, Appellant contends that "[i]n the present application, based on page 9 line 22 of the specification and FI Gs. 5A-5B, in the distributable inductive heating system, the attachment mechanism 22 comprises a screw and bolt system." Appeal Br. 15 (emphasis omitted). 7 Appeal 2018-006181 Application 15/062,290 Appellant's contention is not persuasive because it disregards the plain language of the claim. The claim requires that the attachment includes either "a clamp system or a screw and bolt system." That is, an attachment mechanism including a "clamp system," regardless of whether it includes a "screw and bolt system," meets the claim language. Because Appellant acknowledges that "in Sun, the attachment mechanism 10 is a clamp system," we are not apprised of Examiner error. Id. at 16 (emphasis omitted). "power conditioning unit" Claim 1 additionally recites that "the power supply card compris[ es] ... a power conditioning unit," but does not include further detail about the "power conditioning unit." The Examiner finds that Hu teaches a "power conditioning unit." Non-final Act. 10. Appellant acknowledges that Hu teaches that "AC power is inputted to a power transformer 9 and converted to a low-voltage power by the power transformer 9, and the power transformer 9 then outputs the low-voltage power to a control circuit board 8." Appeal Br. 18. Appellant explains that, in the specific embodiment described in the Specification, "[t]he power conditioning unit 9 acts as a noise filter to remove noise spikes, protects internal components from voltage spikes that can occur due to lightening or comparable scenarios, prevents electrical failures, and modulates the power accordingly." Appeal Br. 17. Appellant then concludes that, because "Hu does not disclose that the power transformer 9 acts as a noise filter to remove noise spikes and protects internal components from voltage spikes," Hu does not teach a "power conditioning unit." Id. at 18. We are not apprised of error because Appellant provides no explanation as to why the claim should require noise filtering. 8 Appeal 2018-006181 Application 15/062,290 For at least the reasons set forth above, we are not apprised of error in the Examiner's decision to reject claim 1. DECISION We AFFIRM the Examiner's decision to reject claim 1. No time period for taking any subsequent action in connection with this appeal may be extended under 37 C.F.R. Â§ 1.136(a)(l )(iv). AFFIRMED 9