Ex Parte Susnjara

Patent Trial and Appeal Board

May 16, 2016

13171542 (P.T.A.B. May. 16, 2016)

UNITED STA TES p A TENT AND TRADEMARK OFFICE
APPLICATION NO. FILING DATE
13/171,542 06/29/2011
108449 7590 05/18/2016
Bookoff McAndrews, PLLC
2401 Pennsylvania Avenue, NW, Suite 450
Washington, DC 20037
FIRST NAMED INVENTOR
Kenneth J. Susnjara
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.
00132-0003-01000 5719
EXAMINER
VAN SELL, NATHAN L
ART UNIT PAPER NUMBER
1783
NOTIFICATION DATE DELIVERY MODE
05/18/2016 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):
usptomail@bookoffmcandrews.com
KRoss@bookoffmcandrews.com
PTOL-90A (Rev. 04/07)
UNITED STATES PATENT AND TRADEMARK OFFICE
BEFORE THE PATENT TRIAL AND APPEAL BOARD
Ex parte KENNETH SUSNJARA 1
Appeal2014-009464
Application 13/171,542
Technology Center 1700
Before BRADLEY R. GARRIS, CHUNG K. PAK, and JULIA HEANEY,
Administrative Patent Judges.
GARRIS, Administrative Patent Judge.
DECISION ON APPEAL
Pursuant to 35 U.S.C. § 134, Appellant appeals from the Examiner's
rejection under 35 U.S.C. § 103(a) of claims 54--56 as unpatentable over
Haeusler (US 4,403,886 issued Sep. 13, 1983) in view of Heil (US
5,724,246 issued Mar. 3, 1998). We have jurisdiction under 35 U.S.C. § 6.
We AFFIRM.
1 Thermwood Corporation is identified as the real party in interest. App.
Br. 2.
Appeal2014-009464
Application 13/171,542
Appellant claims a structure formed of workpieces provided with
joinable sets of mortise and tenon made by a method comprising the steps of
providing on each set of mortise and tenon matching indicia ( 40, 43) in a
number corresponding to a prescribed sequence for joining the workpieces
together, mating sets of mortise and tenon in the prescribed sequence, and
joining mated sets of mortise and tenon to form the structure (sole
independent claim 54; Figure 5).
A copy of representative claim 54, taken from the Claims Appendix of
the Appeal Brief, appears below.
54. A structure formed of a number of workpieces provided with
joinable sets of a mortise and a tenon, made by the method comprising:
providing on each of said sets of mortise and tenon of each pair of
workpieces to be secured together to form said structure, matching indicia in
a number corresponding to a prescribed sequence for joining said
workpieces together by means of said sets of mortise and tenon;
mating sets of mortise and tenon provided with matched indicia in
said prescribed sequence; and
joining mated sets of mortise and tenon to form said structure.
Appellant does not present separate arguments specifically directed to
dependent claims 55 and 56 (App. Br 3--4). Accordingly, these dependent
claims will stand or fall with their parent independent claim 54.
We sustain the rejection for the reasons expressed in the Final Action,
the Answer, and below.
The Examiner finds that Haeusler discloses a furniture structure
formed of workpieces provided with joinable sets of mortise and tenon
(Final Action 2-3) but "fails to teach [] indicia in a number corresponding to
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Appeal2014-009464
Application 13/171,542
a prescribed sequence for joining said workpieces together by means of said
sets of mortise and tenon" (id. at 3). In this latter regard, the Examiner
additionally finds that Heil discloses a method for placement of furniture
components comprising "marking each component with an appropriate code
to facilitate assembling the components in a predetermined order according
to the code marked thereon (col 2, lines 52-57) (indicia in a number
corresponding to a prescribed sequence for joining said workpieces together
by means of said sets of mortise and tenon)" (id.). Based on these findings,
the Examiner concludes that it would have been obvious to combine the
furniture structure ofHaeusler with the method of Heil to thereby obtain
mortise and tenon sets provided with matching indicia in a number
corresponding to a prescribed sequence for joining the furniture workpieces
together as claimed (id.).
Appellant argues that Heil "does not provide or teach any sequence of
the assembly but merely a proper orientation of each component with respect
to the intended overall layout of the structure" (App. Br. 4).
We observe that Appellant's argument does not address Heil's column
2 disclosure cited by the Examiner in the Final Action. Furthermore, the
Examiner responds to this argument by reiterating that "Heil teaches ' [a]
marking means is provided for marking each component with an appropriate
code to facilitate assembling the components in a predetermined order
according to the code marked thereon' (i.e., an indicia in a number
corresponding to a prescribed sequence for joining said workpieces) (col 2,
lines 52-57)" (Ans. 5).
In the Reply Brief, Appellant contends that "Heil discloses and
teaches nothing more than providing for sequentially inserting the end
portions of a set of upright members into pairs of vertically spaced, opposed
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Appeal2014-009464
Application 13/171,542
recesses ... but not without [sic] a sequence prescribed by the matching
indices of a pair of components to be joined" (Reply Br. 2). In presenting
this contention, Appellant once again does not address the column 2
disclosure of Heil cited by the Examiner in both the Final Action and the
Answer (Final Action 3, Ans. 5).
Under these circumstances, Appellant fails to show error in the
Examiner's determination that Heil's column 2 disclosure would have
suggested providing the furniture structure of Haeusler with matching
indicia in a number corresponding to a prescribed sequence for joining
workpieces together as claimed.
The decision of the Examiner is affirmed.
No time period for taking any subsequent action in connection with
this appeal may be extended under 37 C.F.R. § 1.136(a).
AFFIRMED
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