Ex Parte Luke et al

Patent Trial and Appeal Board

Oct 31, 2016

14017090 (P.T.A.B. Oct. 31, 2016)

UNITED STA TES p A TENT AND TRADEMARK OFFICE
APPLICATION NO. FILING DATE FIRST NAMED INVENTOR
14/017,090 09/03/2013 Hok-Sum Horace Luke
500 7590 11/01/2016
SEED INTELLECTUAL PROPERTY LAW GROUP LLP
701 FIFTH A VE
SUITE 5400
SEATTLE, WA 98104
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.
170178.428 4395
EXAMINER
BERHANU, SAMUEL
ART UNIT PAPER NUMBER
2859
MAILDATE DELIVERY MODE
11/01/2016 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 HOK-SUM HORACE LUKE and
CHING CHEN
Appeal2015-005523
Application 14/017 ,090
Technology Center 2800
Before LINDA M. GAUDETTE, JULIA HEANEY, and
JEFFREY R. SNAY, Administrative Patent Judges.
HEANEY, Administrative Patent Judge.
DECISION ON APPEAL
Appellants 1 seek our review pursuant to 35 U.S.C. § 134(a) of a
decision of the Examiner to reject claims 1-27 of Application 14/017,090
under 35 U.S.C. § 102(e) as anticipated by Chen. 2 We have jurisdiction
under 35 U.S.C. § 6(b).
We affirm-in-part.
1 Appellants identify the real party in interest as Gogoro Inc. App. Br. 1.
2 Chen et al., US 2013/0031318 Al published Jan. 31, 2013 (hereinafter
"Chen").
Appeal2015-005523
Application 14/017,090
BACKGROUND
The subject matter on appeal relates to portable charging devices and
rechargeable electrical energy storage devices, such as secondary batteries.
Specification ("Spec.") 1. The claims at issue describe a security system and
method, which use authentication of the portable charging device or
electrical energy storage device before charging is allowed or enabled. App.
Br. 2.
Claim 1 is illustrative of the claimed subject matter:
1. A portable charging device security system of a portable
charging device for charging a portable electrical energy
storage device, comprising:
at least one controller; and
at least one communications module coupled to the at
least one controller, wherein the at least one controller is
configured to:
receive information regarding authentication of a
portable electrical energy storage device to be charged by
the portable charging device;
make a determination regarding allowing charging
of the portable electrical energy storage device by the
portable charging device based on the received information
regarding authentication; and
record or communicate information regarding the
charging to track usage of the portable charging device.
Claims Appx., App. Br. 14.
DISCUSSION
Appellants argue only independent claims 1, 12, 23, and 26, based on
the language of claim 1, and do not present arguments for separate
patentability of the dependent claims. App. Br. 6-12. We limit our
2
Appeal2015-005523
Application 14/017,090
discussion to the independent claims; all dependent claims stand or fall with
their respective independent claims.
Appellants advance two arguments for reversal of the anticipation
rejection: (1) Chen does not disclose using a "portable charging device"
(claims 1, 12, 23, and 26) (App. Br. 6); and (2) Chen does not disclose a
controller configured to "receive information regarding authentication of a
portable electrical energy storage device" (claims 1 and 23). App. Br. 11-
12, citing Chen i-fi-1 40, 84.
The Examiner finds that Chen's "collection, charging and distribution
machine" 102 corresponds to the "portable charging device" recited in the
independent claims. Final Act. 3, 8-9, 12, 14, citing Chen Fig. 1, i137.
Machine 102 may take the form of a vending machine or kiosk. Chen i138.
Appellants argue that Chen's machine 102 is not portable because it is not
"easy to carry or move around." App. Br. 6-8, citing several dictionaries.
The Examiner responds that Chen's machine 102, in the form of a vending
machine or kiosk, is easy to move around and therefore "portable." Ans. 2-
3.
We have considered the argued claim limitation in light of the claims
and Specification, and agree with the Examiner that the broadest reasonable
interpretation of "portable charging device" encompasses a movable vending
machine or kiosk such as Chen's machine 102. Appellants have not directed
us to, nor do we find, any special definition of the term "portable" in the
Specification. Moreover, only one of the two dictionary definitions relied on
by Appellants supports their argument that to be "portable," a device must
be "easy" to move around. See App. Br. 7-8. The definition from Merriam-
Webster online merely defines "portable" as "capable of being carried or
moved about." See id. at 7 (citing http:www.merriam-
3
Appeal2015-005523
Application 14/017,090
webster.com/dictionary/portable ). Appellants have not argued persuasively
that it was unreasonable for the Examiner to find that Chen's machine 102 is
capable of being moved about.
Appellants' second argument for reversal is directed at the Examiner's
finding that "controller 410 of Chen's charging and distribution machine 102
may receive information such as authenticity, authorization level, operation,
and status." Ans. 3--4, citing Chen i-f 84, lines 4--7. Appellants argue that
Chen's controller 410 is a component within the portable electrical energy
storage device, and further that Chen's description of controller 410
receiving information regarding external components "does not mention any
of those external components being a portable electrical energy storage
device, much less mention information regarding authentication of a
portable electrical energy storage device." App. Br. 11, citing Chen i-f 84.
Appellants' argument is persuasive of harmful error in the rejection.
The only portion of Chen upon which the Examiner relies for disclosure of
"receiv[ing] information regarding authentication of a portable electrical
energy storage device" as recited in claims 1 and 23 is Chen i-f 84. Final Act.
3, 12. As Appellants note, Chen i-f 84 describes controller 410 as an internal
component of the portable electrical energy storage device receiving
information from components of an external device:
[0084] The controller 410 may also receive signals from various
sensors and/or components of an external device via the
communications subsystem 206 of collection, charging and
distribution machine 102. This information may include information
that characterizes or is indicative of the authenticity, authorization
level, operation, status, or condition of such components.
App. Br. 11. Therefore, we are persuaded that the Examiner has not
identified any structure in Chen that receives information regarding
4
Appeal2015-005523
Application 14/017,090
authentication of a portable electrical energy storage device, and fails to
present a prima facie case of anticipation of claim 1 or 23.
Accordingly, we reverse the rejection of claims 1 and 23. Because the
Examiner's rejection of dependent claims 2-11 and 24--25 does not remedy
the errors identified above, we likewise reverse the Examiner's anticipation
rejection of those claims.
SUMMARY
We reverse the rejection of claims 1-11 and 23-25 under 35 U.S.C.
§ 102( e) as anticipated by Chen.
We affirm the rejection of claims 12-22 and 26-27 under 35 U.S.C.
§ 102( e) as anticipated by Chen.
AFFIRMED-IN-PART
5