Ex Parte Kuan

Patent Trial and Appeal Board

Jun 12, 2017

13237245 (P.T.A.B. Jun. 12, 2017)

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.
13/237,245 09/20/2011 Kim Hong Kuan SIC-ll-014 7874
29863 7590 06/14/2017
DELAND LAW OFFICE
P.O. BOX 69
KLAMATH RIVER, CA 96050-0069
EXAMINER
SICONOLFI, ROBERT
ART UNIT PAPER NUMBER
3657
NOTIFICATION DATE DELIVERY MODE
06/14/2017 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):
bdeland 1992 @gmail.com
jdeland @ sisqtel.net
PTOL-90A (Rev. 04/07)
UNITED STATES PATENT AND TRADEMARK OFFICE
BEFORE THE PATENT TRIAL AND APPEAL BOARD
Ex parte KIM HONG KUAN
Appeal 2015-007863
Application 13/237,245
Technology Center 3600
Before JENNIFER D. BAHR, JAMES P. CALVE, and
BRANDON J. WARNER, Administrative Patent Judges.
CALVE, Administrative Patent Judge.
DECISION ON APPEAL
STATEMENT OF THE CASE
Appellant appeals under 35 U.S.C. § 134(a) from the final rejection of
claims 1—11 and 15—17. Claims 12—14 are withdrawn. We have jurisdiction
under 35 U.S.C. § 6(b).
We AFFIRM.
Appeal 2015-007863
Application 13/237,245
CLAIMED SUBJECT MATTER
Claim 1, the sole independent claim, is reproduced below.
1. A bicycle hydraulic brake caliper apparatus
comprising:
a caliper housing having a fluid chamber;
a plug;
wherein the housing includes a first opening for receiving the
plug therein, wherein the first opening extends to an outside of the
housing at a first location of the housing;
wherein the housing includes a fluid passage in fluid
communication with the fluid chamber, wherein the fluid passage has
an outlet opening fixedly provided on the housing at a second location
of the housing offset from the first location so that fluid flowing
through the fluid passage exits the housing at the outlet opening;
wherein the fluid passage is closed when the plug is in a first
position; and
wherein the fluid passage is open when the plug is in a second
position so that fluid is allowed to flow from the fluid chamber
through the fluid passage to the outside of the housing at the second
location.
REJECTIONS
Claims 1—7, 9—11, 15, and 17 are rejected under 35 U.S.C. § 102(b) as
anticipated by Rike (US 5,560,457, iss. Oct. 1, 1996).
Claims 8 and 16 are rejected under 35 U.S.C. § 103(a) as unpatentable
over Rike and Kuo (US 6,193,030 Bl, iss. Feb. 27, 2001).
ANALYSIS
Claims 1—7, 9—11, 15, and 17 as anticipated by Rike
Appellant argues claims 1, 3—7, 9-11, 15, and 17 as a group. Appeal
Br. 2-4. We select claim 1 as representative, with claims 3—7, 9-11, 15, and
17 standing or falling with claim 1. 37 C.F.R. § 41.37(c)(l)(iv). Appellant
also presents arguments for claim 2 in response to the Examiner’s arguments
in the Answer, which we address separately below. See Reply Br. 1; Ans. 4.
2
Appeal 2015-007863
Application 13/237,245
Claims 1, 3—7, 9-11, 15, and 17
Regarding claim 1, the Examiner found that Rike discloses a brake
caliper with a first opening (counterbore 80b, threaded portion 80c) at a first
location (chamfer 80a) for receiving a plug (bleeder screw 42), fluid passage
80, and outlet opening (chamfered end 80d) at a second location where fluid
exits the housing (caliper assembly 11) through passage 85. Final Act. 2.
The Examiner found that Rike discloses a second opening in Figure 7, along
passage 80 near chamfered end 81, and this second opening is disposed in
the fluid passage between the fluid chamber and second location, as claimed,
to be opened and closed by plug 42. Id. at 3. The Examiner reasoned that,
just as Appellant discloses that fluid exits caliper housing 26 only through
hose adapter 60 at second location 66, Rike discloses that fluid exits caliper
housing 11 through outlet opening 80d by entering passage 85 and exiting
the housing therethrough. Ans. 4; Final Act. 2—3.
Appellant argues that chamfered portion 80d, which the Examiner
identified as the “outlet,” is located deep inside of housing 11 and cannot
reasonably be interpreted to be an “outlet” from housing 11, let alone a fluid
exit where fluid flows to the outside of the housing at that location. Appeal
Br. 4. Appellant argues that the claimed outlet is disclosed in Figures 5 and
8 as element 61 at second location 66 and is described in the Specification as
the transition from the inside to the outside of caliper housing 26 where fluid
exits caliper housing 26 through hose adapter 60 at second location 66. Id.
(citing Spec. 120). Appellant also argues that claim 1 requires the second
location to be at the transition from the inside to the outside of the housing
by claiming that fluid flowing through the fluid passage “exits the housing at
the outlet opening” at the second location. Appeal Br. 3; Reply Br. 2—3.
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Appeal 2015-007863
Application 13/237,245
The Examiner’s finding that Rike discloses a bicycle hydraulic caliper
with an outlet opening at a second location offset from the first location and
first opening so fluid flowing through the fluid passage “exits the housing at
the outlet opening” and flows “to the outside of the housing at the second
location,” as recited in claim 1, is supported by a preponderance of evidence.
As the Examiner points out, Appellant discloses outlet opening 61 as being
inside of housing 52 so fluid passes by outlet opening 61 and enters central
fluid passage 68 before exiting housing 52. Ans. 4. The Examiner finds that
Rike discloses a similar arrangement where fluid enters outlet opening 80d
at a second location and enters air passage 85 before exiting housing (caliper
assembly 11). Id.', Final Act. 2—3. Appellant’s arguments do not apprise us
of error in these findings. See Reply Br. 1—3; Appeal Br. 2-4 & n. 1. Even if
hose adapter 66 is not part of Appellant’s housing 52, outlet opening 61 still
is located inside of the caliper housing and is inset from an outer surface of
housing 52, as shown in Appellant’s Figure 8, which is reproduced below.
FIG. 8
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Appeal 2015-007863
Application 13/237,245
Appellant’s Figure 8 shows an “open” position in which fluid flows
from chamber 78 through outlet opening 61. As shown in Figure 8, outlet
opening 61 is located inside the housing along the fluid passage, rather than
at an outer surface of the housing. Spec. 117. Outlet opening 61 is inset
from front surface 64 of caliper housing 52.
The Examiner found that Rike discloses a similar arrangement where
fluid passes through aperture 80 to an outlet opening (chamfered end 80d),
which is an inset portion of caliper housing 11, before passing to air passage
85 to exit the housing, as illustrated in Figure 7, which is reproduced below.
-T'lG. 7
Figure 7 illustrates Rike’s bleeder screw 42 configuration. Rike’s
chamfered portion 80d is located where fluid exits housing 11, albeit inset
within the housing, like Appellant’s Figure 8 embodiment. Appeal Br. 2
(representing that Figures 5 and 8 illustrate the subject matter of claim 1).
Rike thus discloses fluid exiting the housing at outlet opening 80d, which is
slightly inside the housing, via passage 85, in the same way that Appellant
discloses fluid exiting the housing at outlet opening 61, which is inside the
housing, via central fluid passage 68 of hose adapter 60 in Figures 5 and 8.
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Appeal 2015-007863
Application 13/237,245
We also note that Appellant identifies second location 66 at an outer
surface of boss 62 where hose adapter 60 contacts boss 62 in Appellant’s
Figure 8. Thus, second location 66 is at a different location on the housing
than outlet opening 61. Second location 66 is located at an outer surface of
the housing, whereas outlet opening 61 is located within the housing along
the central fluid passage. Thus, outlet opening 61 is part of the fluid passage
of the housing and is inset from the housing’s outer surface and from second
location 66 in Figure 8. Appellant thus discloses outlet opening 61 as being
within the central fluid passage and within what Appellant considers to be
the housing. Fluid is still inside the caliper housing and inward of second
location 66 when it passes through outlet opening 61. Rike discloses such a
configuration, as the Examiner found. Appellant has not persuaded us of
error in the Examiner’s findings in this regard. Reply Br. 2—3.
Thus, we sustain the rejection of claims 1, 3—7, 9-11, 15, and 17.
Claim 2
The Examiner found that Rike also discloses a second opening in the
fluid passage between the fluid chamber and second location of chamfer 80d
as the opening of aperture 80 near chamfered end 81, which is the portion of
aperture 80 that seals against chamfered end 81 of the plug 42. Final Act. 3.
This opening is closed by the plug (bleeder screw 42) as shown in Figure 7
above, and is disposed between the chamber, which is not shown in Figure
7, and the second location 80d, as claimed. Appellant’s argument that this
element is not a second opening that is opened and closed by a plug (Reply
Br. 1) does not persuade us of error in the Examiner’s finding, because Rike
teaches that bleeder screw 42 opens and closes this opening. Rike, 6:17—26.
Thus, we sustain the rejection of claim 2.
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Appeal 2015-007863
Application 13/237,245
Claims 8 and 16 as unpatentable over Rike and Kuo
Appellant argues that dependent claims 8 and 16 include the features
of claim 1 and are patentable for the same reasons as claim 1. Appeal Br. 4.
Because we sustain the rejection of claim 1, this argument is not persuasive.
We sustain the rejection of claims 8 and 16.
DECISION
We affirm the rejections of claims 1—11 and 15—17.
No time period for taking any subsequent action in connection with
this appeal may be extended under 37 C.F.R. § 1.136(a)(l)(iv).
AFFIRMED
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