Ex Parte Kulus et al

Patent Trial and Appeal Board

Nov 21, 2017

12138720 (P.T.A.B. Nov. 21, 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.
12/138,720 06/13/2008 Christian J. Kulus P32.12-0052 9985
117849 7590 11/24/2017
Kelly, Holt & Christenson, P.L.L.C.
141 West 1st Street, Suite 100
Waconia, MN 55387
EXAMINER
XIAO, DI
ART UNIT PAPER NUMBER
2141
NOTIFICATION DATE DELIVERY MODE
11/24/2017 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):
jtesch@khcip.com
PTOL-90A (Rev. 04/07)
UNITED STATES PATENT AND TRADEMARK OFFICE
BEFORE THE PATENT TRIAL AND APPEAL BOARD
Ex parte CHRISTIAN J. KULUS and BRAD N. MATHIOWETZ
Appeal 2017-003760
Application 12/138,7201
Technology Center 2100
Before ROBERT E. NAPPI, CARL L. SILVERMAN, and
SCOTT B. HOWARD, Administrative Patent Judges.
SILVERMAN, Administrative Patent Judge.
DECISION ON APPEAL
Appellants appeal under 35 U.S.C. § 134(a) from the Examiner’s
Final Rejection of claims 1—6, 8—13, 15, 16, 28—37, 39, and 40, which are
the only claims pending. We have jurisdiction under 35 U.S.C. § 6(b).
We AFFIRM.
1 The real party in interest is identified as Fisher-Rosemount Systems, Inc.
App. Br. 3.
Appeal 2017-003760
Application 12/138,720
STATEMENT OF THE CASE
The invention relates to improved functionality of handheld field
maintenance tools. Abstract; Spec. 6, Summary. Claims 1 and 13,
reproduced below, are exemplary of the subject matter on appeal:
1. A method of expanding functionality of a handheld field
maintenance tool having a plurality of media access units each being
configured to communicate in accordance with a different process
industry standard protocol, the method comprising:
coupling the tool to a local area network such that it is
configured to communicate with a computer over the local area
network;
uploading tool information from the tool through the local area
network communication coupling, the tool information including
licensing information including information about a hardware module
and configured to allow the tool to selectively enable less than all
media access units;
comparing the tool information to currently available
functionality information stored in a database of the computer;
displaying a set of available additional functionality and a
purchase price of a license for each available additional functionality
from the set of available additional functionality to a user based upon
the comparison; and
receiving a user selection relative to available additional
functionality.
App. Br. 16 (Claims Appendix).
13. A method of capturing information relative to a handheld field
maintenance tool, the method comprising:
coupling the tool for communication with a computer using a
local area network communication device, the computer being
communicatively coupled to a server through an Ethernet connection;
uploading tool information from the tool through the
communication coupling, the tool information including at least
hardware and software information',
2
Appeal 2017-003760
Application 12/138,720
obtaining user information from a user, the user information
including at least a username;
comparing the tool information to currently available
functionality information;
determining a set of available additional functionality and a
purchase price of a license for each available additional functionality
from the set of available additional functionality, and
storing the uploaded tool information, the user information and
an association between the tool information and the user information;
wherein the software information includes a date when a
change was made to software of the tool; and
wherein the uploaded tool information and the user information
is stored in a database of a computer system with which the tool
communicates.
Id. at 17—18.
THE REJECTIONS
Claims 1—6, 8, 9, and 10 are rejected under 35 U.S.C. § 103(a) as
being unpatentable over Kawasaki (US 2006/0248162 Al; pub. on Nov. 2,
2006), Zielinski et al. (US 2003/0204373 Al; pub. Oct. 30, 2003)
(“Zielinski”), and Adkins et al. (US 2004/0153415 Al; pub. Aug. 5, 2004)
(“Adkins”). Final Act.