Ex Parte Mennes et al

Patent Trial and Appeal Board

Sep 26, 2016

12399052 (P.T.A.B. Sep. 26, 2016)

UNITED STA TES p A TENT AND TRADEMARK OFFICE
APPLICATION NO. FILING DATE
12/399,052 0310612009
28524 7590 09/28/2016
SIEMENS CORPORATION
INTELLECTUAL PROPERTY DEPARTMENT
3501 Quadrangle Blvd Ste 230
Orlando, FL 32817
FIRST NAMED INVENTOR
Michael Joseph Mennes
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.
2008Pl8597US01 1301
EXAMINER
LUONG, HENRY T
ART UNIT PAPER NUMBER
2844
NOTIFICATION DATE DELIVERY MODE
09/28/2016 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):
ipdadmin.us@siemens.com
PTOL-90A (Rev. 04/07)
UNITED STATES PATENT AND TRADEMARK OFFICE
BEFORE THE PATENT TRIAL AND APPEAL BOARD
Ex parte MICHAEL JOSEPH MENNES, RONNIE H. RIDGEWAY,
DAVID ALLEN BRADLEY, KEVIN S. KODER,
WILLIAM OLIN SCOGGINS JR., SESHAGIRI R. MARELLAPUDI, and
JEFFREY DYSON LORD
Appeal2015-002816
Application 12/399,052
Technology Center 2800
Before CARL W. WHITEHEAD JR, ADAM J. PYONIN, and
KARA L. SZPONDOWSKI, Administrative Patent Judges.
WHITEHEAD JR., Administrative Patent Judge.
DECISION ON APPEAL
STATEMENT OF THE CASE
Appellants are appealing the Final Rejection of claims 1-20 under 35
U.S.C. § 134(a). Appeal Brief 2. We have jurisdiction under 35 U.S.C.
§ 6(b) (2012).
We affirm.
Appeal2015-002816
Application 12/399,052
Introduction
The invention is directed to an emergency lighting system.
Specification 1.
Representative Claim (disputed limitations emphasized)
1. An emergency lighting system, comprising:
an electrical panel board comprising a phase layout within
the electrical panel board comprising a plurality of consecutively
arranged phases wherein a pair of consecutive phases are of the
same phase;
a 2-pole branch circuit breaker having two voltage input
connectors each electrically connected to a respective one of the
pair of consecutive phases that are of the same phase; and
a I -pole remotely-operated-relay electrically connected to
one pole of the 2-pole branch circuit breaker.
Rejections on Appeal
Claims 1-3, 5, 8-10, 17, 18, and 20 stand rejected under 35 U.S.C.
§ 103(a) as being unpatentable over Fleming (US Patent Number 2,738,446;
issued March 4, 1952), Jordan (US Patent Application Publication Number
2004/0149555 Al; published August 5, 2004), and Pin (US Patent Number
4,714,976; issued December 22, 1987). Final Rejection 4--12.
Claim 4 stands rejected under 35 U.S.C. § 103(a) as being
unpatentable over Fleming, Jordan, Pin, and DiMarco (US Patent Number
6,034,581; issued March 7, 2000). Final Rejection 12.
Claims 6, 7, 11-16, and 19 stand rejected under 35 U.S.C. §103(a) as
being unpatentable over Fleming, Jordan, Pin, and King (US Patent
2
Appeal2015-002816
Application 12/399,052
Application Publication Number 2008/0084648 Al; issued April 10, 2008).
Final Rejection 12-15.
ANALYSIS
Rather than reiterate the arguments of Appellants and the Examiner,
we refer to the Appeal Brief (filed November 15, 2013), the Reply Brief
(filed July 17, 2014), the Answer (mailed May 21, 2014) and the Final
Rejection (mailed August 7, 2013) for the respective details. We have
considered in this decision only those arguments Appellants actually raised
in the Briefs.
We have reviewed the Examiner's rejections in light of Appellants'
arguments that the Examiner has erred. We adopt as our own (1) the
findings and reasons set forth by the Examiner in the action from which this
appeal is taken and (2) the reasons set forth by the Examiner in the
Examiner's Answer in response to Appellants' Appeal Brief, except where
noted. We highlight and address the following for emphasis.
Appellants argue the Fleming/Jordan/Pin combination fails to disclose
an emergency lighting system wherein a I-pole remotely-operated-relay is
electrically connected to one pole of a 2-pole branch circuit breaker as
recited in claim 1. Appeal Brief 7.
Appellants' Figure 1 is reproduced below with annotations for clarity:
3
Appeal2015-002816
Application 12/399,052
20
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26
16
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FIG. 1
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Figure 1 discloses a 1 pole remotely-operated-relay (ROR) 14 electrically
connected to one pole of the 2-pole BQD circuit breaker 12. Appeal Brief
12. The circuit breaker phase change layout has two phases (C) 11 that are
consecutive. Appeal Brief 12.
The Examiner finds "Fleming does not teach a 2-pole breaker having
two voltage input connectors each electrically connected to a respective one
of the pair of consecutive phases that are of the same phase; and a I -pole
ROR electrically connected to a pole of the 2-pole breaker." Final Rejection
5. The Examiner finds that Jordan and Pin addresses Fleming's noted
deficiency and concludes;
it would have been obvious to a person of ordinary skill in the art
to incorporate the 2-pole breaker from Jordan and Pin having
individual voltage connectors into the electric panel of Fleming
to improve it so that the 2-pole breaker is powered by the same
phase and each pole can be independently fed to supply voltage
to the load.
Final Rejection 5.
4
Appeal2015-002816
Application 12/399,052
Jordan's Figure 2 is reproduced below:
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