Ex Parte Kentner et al

Patent Trial and Appeal Board

Sep 18, 2012

10544285 (P.T.A.B. Sep. 18, 2012)

UNITED STATES PATENT AND TRADEMARK OFFICE
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
APPLICATION NO. FILING DATE FIRST NAMED INVENTOR ATTORNEY DOCKET NO. CONFIRMATION NO.
10/544,285 08/03/2005 Wolfgang Kentner 2003P00255WOUS 1328
7590 09/19/2012
John T Winburn
BSH Home Appliances Corporation
100 Bosch Blvd
New Bern, NC 28562
EXAMINER
NORMAN, MARC E
ART UNIT PAPER NUMBER
3744
MAIL DATE DELIVERY MODE
09/19/2012 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 WOLFGANG KENTNER
and HARALD KRAUSS
____________

Appeal 2010-006891
Application 10/544,285
Technology Center 3700
____________

Before JENNIFER D. BAHR, GAY ANN SPAHN, and JAMES P. CALVE,
Administrative Patent Judges.

CALVE, Administrative Patent Judge.

DECISION ON APPEAL

STATEMENT OF THE CASE
Appellants appeal under 35 U.S.C. § 134 from the rejection of claims
14-27. App. Br. 3. Claims 1-13 have been cancelled. Id. We have
jurisdiction under 35 U.S.C. § 6(b).
We AFFIRM.
Appeal 2010-006891
Application 10/544,285

2
CLAIMED SUBJECT MATTER
Claim 14 is representative of the claimed subject matter on appeal:
14. A refrigeration appliance, comprising:
an insulated housing;
said insulated housing enclosing an inner area;
said inner area enclosed by a door;
a carrier module located on said insulated housing; and
said carrier module including a control circuit for
controlling the refrigerating capacity of the refrigeration
appliance in said inner area depending on a temperature
measuring signal related to the temperature in said inner area, at
least one of an operating element for adjusting an operational
parameter of said refrigeration appliance and a display element
for displaying an operational parameter of said refrigeration
appliance, and at least one illuminating agent for illuminating at
least some of said inner area.

REJECTIONS
Claims 14-17, 21, and 24-27 are rejected under 35 U.S.C. § 102(e) as
being anticipated by, or alternatively under 35 U.S.C. § 103(a) as being
unpatentable over, Miozza (US 6,880,949 B2; iss. Apr. 19, 2005).
Claim 18 is rejected under 35 U.S.C. § 103(a) as being unpatentable
over Miozza and Bourner (US 4,285,391; iss. Aug. 25, 1981).
Claim 19 is rejected under 35 U.S.C. § 103(a) as being unpatentable
over Miozza and Graf (DE 3404256 A1; pub. Aug. 8, 1985).
Claim 20 is rejected under 35 U.S.C. § 103(a) as being unpatentable
over Miozza, Graf, and Meuer (US 2,206,102; iss. Jul. 2, 1940).
Claims 22 and 23 are rejected under 35 U.S.C. § 103(a) as being
unpatentable over Miozza and Lee (US 2002/0071903 A1; pub. Jun. 13,
2002).

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Appeal 2010-006891
Application 10/544,285

4
Appellants argue claims 14-26 as a group and present separate
arguments for independent claim 27. App. Br. 7-14. We select claim 14 as
representative and address Appellants’ arguments as to claim 27 infra. See
37 C.F.R. § 41.37(c)(1)(vii). Claims 15-26 stand or fall with claim 14.
Appellants argue that the present application discloses a carrier module
located on the insulated housing 1 as illustrated in Figure 1. App. Br. 8;
Reply Br. 8. Appellants also argue that Miozza discloses a quick chill/thaw
mullion assembly 124 for an interior of a refrigerator and that it is disposed
over a slide-out bottom drawer in the refrigerator compartment and not on
the insulated housing of the refrigerator as claimed. App. Br. 8-10.
The Examiner’s findings that Miozza has a carrier module located on
the insulated housing are supported by a preponderance of evidence. The
mullion assembly 124 includes a control interface and circuit 126 located on
the mullion assembly 124, which the Examiner reasonably considered to be
part of the insulated housing of Miozza’s refrigeration appliance because it
thermally insulates the quick chill/thaw inner area from the rest of the
refrigerator. The mullion assembly 124 includes an insulating layer 212 for
that purpose. Col. 5, ll. 3-8; col. 7, ll. 21-23; fig. 5. The carrier module
(control panel interface 126) is mounted on a forward sloped portion 150 of
the quick chill/thaw mullion for convenient user access when the door is
opened.1 Col. 5, ll. 12-16; figs. 1, 2. The insulated mullion assembly 124
forms part of the insulated housing that encloses an inner area corresponding
to the quick chill/thaw system and pan 122. Figs. 1, 2.

1 We note that an ordinary, customary meaning of “on” includes “used as a
function word to indicate position in or in contact with an outer surface” and
“used as a function word to indicate the location of something.” MERRIAM
WEBSTER’S COLLEGIATE® DICTIONARY (11th ed. 2005).
Appeal 2010-006891
Application 10/544,285

5
Claim 27
Claim 27 calls for a refrigeration appliance with an “insulated housing
enclosing an inner area,” “a compartment formed in an upper cover of said
insulated housing” and “a carrier module located in said insulated housing
compartment.” The Examiner found that Miozza discloses these features as
illustrated in the marked-up version of Figure 2 in the Answer. Ans. 6.
Appellants argue that the quick chill and quick thaw pan mullion
assembly 124 is disposed over a slide-out bottom drawer or pan 122 in the
refrigerator compartment not on the insulated housing of the refrigerator and
not in a compartment formed in an upper cover of the insulated housing as
recited in claim 27. App. Br. 15; Reply Br. 17-18. Appellants also argue
that Miozza does not disclose an illuminating agent and a window on the
carrier module through which the inner area can be lit by the illuminating
agent as recited in claim 27. App. Br. 15; Reply Br. 19.
We agree with the Examiner that Miozza discloses a carrier module
(control panel 126) located in an insulated housing compartment formed by
the mullion assembly 124 as illustrated by the Examiner on Figure 2 of
Miozza at page 5 of the Answer and reproduced above. Mullion assembly
124 forms an upper cover of the insulated housing that it is located above the
insulation housing at the bottom of the refrigerator. See Fig. 1 of Miozza.
The control panel 126 is located in the mullion assembly 124. See Figs. 2, 4,
5 of Miozza. Miozza also discloses that the mullion assembly/control panel
includes a light 206 that illuminates the quick chill/thaw area 122 through a
window (light opening 224). Col. 7, ll. 42-50; figs. 5-7.
As such, we sustain the rejection of claims 14-17, 21, and 24-27.

Appeal 2010-006891
Application 10/544,285

6
Dependent claims 18-20, 22, and 23
The Examiner rejected claims 18-20, 22, and 23 as unpatentable over
Miozza and other references. The Examiner relied on Bourner to disclose a
pin and socket connector as recited in claim 18. Ans. 7. The Examiner
relied on Graf to disclose a strain relief on a carrier module as recited in
claim 19. Ans. 8. The Examiner relied on Meuer to disclose a meandering
channel as recited in claim 20. Ans. 8. The Examiner relied on Lee to
disclose a glass panel to be fixed to the carrier module as recited in claims
22 and 23. Ans. 9. Appellants argue that Bourner, Graf, Meuer, and Lee do
not cure the deficiencies of Miozza as to claim 14, from which claims 18-20,
22, and 23 depend. App. Br. 17-20. Because we sustain the rejection of
claim 14 as anticipated by Miozza, there are no deficiencies in this regard to
be cured by Bourner, Graf, Meuer, or Lee. Accordingly, we sustain the
rejections of claims 18-20, 22, and 23.
DECISION
We AFFIRM the rejections of claims 14-27.
No time period for taking any subsequent action in connection with
this appeal may be extended under 37 C.F.R. § 1.136(a)(1)(iv).

AFFIRMED

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