Ex Parte Todd

Patent Trial and Appeal Board

Dec 24, 2014

12862417 (P.T.A.B. Dec. 24, 2014)

UNITED STATES PATENT AND TRADEMARK OFFICE
____________

BEFORE THE PATENT TRIAL AND APPEAL BOARD
____________

Ex parte ALVIN E. TODD JR.
____________

Appeal 2013-001445
Application 12/862,417
Technology Center 3700
____________

Before EDWARD A. BROWN, MICHAEL L. HOELTER, and
JAMES J. MAYBERRY, Administrative Patent Judges.

BROWN, Administrative Patent Judge.

DECISION ON APPEAL

STATEMENT OF THE CASE
This is a decision on appeal under 35 U.S.C. § 134 from the
Examiner’s rejection of claims 1–20. Appeal Br. 4. Appellant’s
representative presented oral argument on December 9, 2014. We have
jurisdiction under 35 U.S.C. § 6(b).
We reverse.

Appeal 2013-001445
Application 12/862,417

2
Claimed Subject Matter
Claims 1 and 10 are independent claims. Claim 1, reproduced below,
is illustrative of the claimed subject matter.
1. A lighting and heating assembly for a ceiling fan,
the ceiling fan being suspended by tubing and having a plurality
of blades about a vertical line to move air in a desired direction
when the plurality of blades are rotated and an attachment
interface having an electrical connection for powering an
external assembly, said ceiling fan lighting and heating
assembly comprising:
a lighting assembly adapted to be operatively connected
to and supported by the attachment interface of the ceiling fan,
said lighting assembly comprising a housing and an arm, said
housing including an auxiliary connection in electrical
communication with a power source other than the electrical
connection of the ceiling fan, said arm extending outwardly
from said housing and carrying a socket adapted to receive a
light bulb for lighting an environment, said socket adapted to be
placed in electrical communication with the electrical
connection of the ceiling fan;
a light bulb shield defining an opening having a first
diameter, said opening configured to receive a first portion of
the light bulb having a diameter smaller than the first diameter
such that said light bulb shield rests against a second portion of
the light bulb having a diameter larger than the first diameter;
and
a heating assembly detachably connected to said lighting
assembly such that said lighting assembly remains operatively
connected to the ceiling fan during the detachment of said
heating assembly, said heating assembly comprising a heating
element and a heating element cage, said heating element
having at least one connector to detachably connect said heating
element to said auxiliary connection for receiving power such
that said heating element is adapted to radiate heat, said heating
element cage comprising a heating element support fabricated
from a material that is not thermally conductive, said heating
element support thermally isolating said cage from said heating
Appeal 2013-001445
Application 12/862,417

3
element, said heating element cage defining a plurality of
openings allowing the air moved by the ceiling fan to flow past
said heating element and be heated by said heating element
before passing into the environment.
Appeal Br. 20, Claims App.

References
The prior art relied upon by the Examiner in rejecting the claims on
appeal is:
Rendel
Brown
Kan
Hartwig
US 4,455,449
US 4,504,191
US 4,508,958
US 4,657,485
June 19, 1984
Mar. 12, 1985
Apr. 2, 1985
Apr. 14, 1987
Glassford US 5,209,562 May 11, 1993
Taylor, III
Pelonis ’920
Todd, Jr.
US 5,349,513
US 5,668,920
US 5,800,049
Sept. 20, 1994
Sept. 16, 1997
Sept. 1, 1998
Pelonis ’956 US 6,160,956 Dec. 12, 2000
Yilmaz
Ryu

US 6,244,820 B1
US 2006/0078460 A1

June 12, 2001
Apr. 13, 2006

Rejections
The Examiner rejects the following claims under 35 U.S.C. § 103(a)
as being unpatentable over the noted combinations of references:
I. Claim 1 over Pelonis ’920, Yilmaz, Rendel, and Glassford;
II. Claims 2, 3, 6, 7, 10, 11, 14, and 15 over Pelonis ’920, Yilmaz,
Rendel, Glassford, and Todd, Jr.;
III. Claims 4 and 12 over Pelonis ’920, Yilmaz, Rendel, Glassford,
Todd, Jr., and Hartwig;
IV. Claims 5 and 13 over Pelonis ’920, Yilmaz, Rendel, Glassford,
Todd, Jr., Hartwig, and Kan;
Appeal 2013-001445
Application 12/862,417

4
V. Claim 8 over Pelonis ’920, Yilmaz, Rendel, Glassford, and
Brown;
VI. Claim 9 over Pelonis ’920, Yilmaz, Rendel, Glassford, and
Taylor, III;
VII. Claim 16 over Pelonis ’920, Yilmaz, Rendel, Glassford,
Todd, Jr., and Brown;
VIII. Claim 17 over Pelonis ’920, Yilmaz, Rendel, Glassford,
Todd, Jr., and Taylor, III;
IX. Claim 18 over Pelonis ’920, Yilmaz, Rendel, Glassford,
Todd, Jr., and Ryu;
X. Claim 19 over Pelonis ’920, Yilmaz, Rendel, Glassford, and
Pelonis ’956; and
XI. Claim 20 over Pelonis ’920, Yilmaz, Rendel, Glassford,
Todd, Jr., and Pelonis ’956.

ANALYSIS
Rejection I
Claim 1 recites a lighting and heating assembly for a ceiling fan
comprising, in part, a lighting assembly including a housing having “an
auxiliary connection in electrical communication with a power source other
than the electrical connection of the ceiling fan,” and “a heating assembly
detachably connected to said lighting assembly such that said lighting
assembly remains operatively connected to the ceiling fan during the
detachment of said heating assembly.” Appeal Br. 20, Claim App.
(emphasis added). According to these limitations, the lighting assembly
Appeal 2013-001445
Application 12/862,417

5
remains operable when the heating assembly is detached from the lighting
assembly.
The Examiner finds that Pelonis ’920 discloses a lighting and heating
assembly for a ceiling fan comprising, inter alia, heating assembly 80
detachably connected to lighting assembly 100, 101 “such that the lighting
assembly remains operatively connected to the ceiling fan during the
detachment of the heating assembly.” Answer 3, 4. The Examiner also
finds that heating element 82 of heating assembly 80 includes terminal 69 to
detachably connect heating element 82 to an auxiliary connection for
receiving power. Id. at 4.
The Examiner also finds that Pelonis ’920 “does not disclose a
connection to a power source other than the electrical connection of the
ceiling fan.” Answer 4. The Examiner finds that Yilmaz discloses a ceiling
fan including connectors 15, which allow terminal ends 19, 20 of
attachments (e.g., heating elements) to be detachably connected to auxiliary
connections for receiving power from a power source. Id. The Examiner
concludes that it would have been obvious to modify Pelonis ’920 by
making auxiliary connections to the power supply detachable by way of a
connector, as taught by Yilmaz, in order to make the accessory parts easily
interchangeable. Id.
Figure 2 of Pelonis ’920 depicts dual fan heater 10 including ceiling
fan assembly 20 and heating assembly 30 and being mounted to ceiling 14.
See Pelonis ’920, col. 3, ll. 59–62; col. 4, ll. 1–2. Heating assembly 30
includes housing 32 having cover 34 and grill 62. See id. at col. 4, ll. 39–40;
col. 5, ll. 36–37. Heating section 80 including heating element 82 is
Appeal 2013-001445
Application 12/862,417

6
positioned within housing 32, cover 34, and grill 62 in the assembly. See id.
at col. 5, ll. 45–47 and ll. 56–57; Figs. 2, 3.
Appellant contends that Pelonis ’920 does not disclose a heating
assembly detachably connected to the lighting assembly such that the
lighting assembly remains operatively connected to the ceiling fan during
the detachment of the heating assembly, as found by the Examiner. Appeal
Br. 10. Appellant contends that lights 100, 101 share the wiring of heating
connector 69, which is wired to connector 29 of the ceiling fan. Id. (citing
Pelonis ’920, Fig. 4).
Figure 4 of Pelonis ’920 shows a circuit diagram for heater 10. See
Pelonis ’920, col. 3, ll. 34–35. Connector 69 is provided on heating
assembly 30 and electrically connected to electrical connector 29 of the
ceiling fan. See id. at col. 5, ll. 1–7; Fig. 4. The circuit provides electrical
connections to the lights and heating section 80, thereby providing electrical
power to the lights and heating section 80 via connector 29. Rotary switch
90 is provided with heating element 82 of heating section 80. See id. at
col. 6, ll. 49–52; Figs. 2, 3.
In Pelonis ’920, the lighting assembly including lights 100, 101
remains operatively connected to the ceiling fan so long as heating connector
69 remains connected to connector 29 of the ceiling fan. Assuming, as
found by the Examiner, that heating connector 69 corresponds to the claimed
“at least one connector” of the heating element, and that connector 29
corresponds to the claimed “auxiliary connection for receiving power,” we
agree with Appellant (Appeal Br. 1213) that because the connection
between connectors 69 and 29 provides electrical power to both heating
section 80 and lights 100, 101, disconnection of connectors 69, 29 would
Appeal 2013-001445
Application 12/862,417

7
result in both heating section 80 and the lighting assembly not having a
supply of power, and thus, the lighting assembly not remaining operatively
connected to the ceiling fan and able to provide lighting from lights 100,
101. As both the lighting assembly and heating section 80 are electrically
connected via the electrical circuit shown in Figure 4, the Examiner fails to
adequately explain how heating section 80 could be detached from the
lighting assembly such that the lighting assembly remains operatively
connected to the ceiling fan during the detachment of the heating assembly.
Appellant also contends that detachment of the heating assembly in
Pelonis ’920 would require removing housing 32 in which heating section 80
is provided, which would render lights 100, 101, which are attached to
housing 32, disconnected and not operatively connected. Appeal Br. 10.
We agree. Pelonis ’920 discloses that during installation of heating
assembly 30 to ceiling fan assembly 20, after connecting heating connector
69 and connector 29, the portion of the heating assembly including body 50
and attached lights 100, 101 is then slid upward and attached to cover 34.
See Pelonis ’920, col. 5, ll. 1–21. Accordingly, to disconnect heating
connector 69 from connector 29, the portion of the heating assembly
including body 50 and attached lights 100, 101 would need to be detached
from cover 34 and then pulled downward. Heating section 80 could then be
disconnected from the ceiling fan by disconnecting connectors 69, 29,
thereby rendering lights 100, 101 not “operatively connected to the ceiling
fan,” as claimed.
Figure 8 of Yilmaz depicts fan 10 including detachable secondary fan
31 and heating and cooling unit 33. See also Yilmaz, col. 3, ll. 64–66.
Connectors 15C, 26A, and 26B are provided to connect the devices. The
Appeal 2013-001445
Application 12/862,417

8
Examiner fails to provide an adequate reason why one skilled in the art
would modify Pelonis ’920 in view of Yilmaz such that heating section 80
includes a connector to detachably connect it to an auxiliary connection in
electrical communication with a power source other than the electrical
connection of the ceiling fan, as called for by claim 1.
Pelonis ’920 discloses that heating assembly 30 can be controlled by
an operator through actuation of rotary switch 90. See Pelonis ’920, col. 7,
ll. 9–12. Alternatively, the heating rate can be controlled by a remote
control system. See id. at col. 7, ll. 12–15. Appellant contends that switch
90 could be simply employed to turn of heating element 82 of heating
section 80 instead of completely dismantling heating assembly 30 to access
the connection between heating connector 69 and connector 29. Appeal Br.
17.
We agree. In Pelonis ’920, heating section 80 is concealed within
housing 30, and heater section 80 can simply be turned off by an operator
when heating is not desired, without having to detach the heating assembly
from the lighting assembly, or being concerned that the lighting assembly
remain operatively connected to the ceiling fan.
We also agree with Appellant that the Examiner fails to identify any
disclosure in Pelonis ’920 of an “accessory” heating element in the ceiling
fan. See Appeal Br. 18. Accordingly, the Examiner’s articulated rationale
of making auxiliary connections to the power supply detachable by a
connector in order to make the “accessory parts” easily interchangeable is
not supported by Pelonis ’920.
The Examiner also determines that it further would have been obvious
to modify Pelonis ’920 in view of Rendel to include a separate electrical
Appeal 2013-001445
Application 12/862,417

9
connection for the heater, so that the heater can draw power from the line
voltage source without changing power delivery to the fan and lighting
assembly. Answer 5. However, the Examiner’s application of Rendel fails
to cure the deficiencies of the Examiner’s reliance on Pelonis ’920 and
Yilmaz, as discussed above.
For the foregoing reasons, we do not sustain the rejection of claim 1
over Pelonis ’920, Yilmaz, Rendel, and Glassford.

Rejection II
Claims 2, 3, 6, 7
Claims 2, 3, 6, and 7 depend from claim 1. The Examiner’s
application of Glassford and Todd, Jr. for the rejection of claims 2, 3, 6, and
7 (Answer 5–6) fails to cure the above-discussed deficiencies of the rejection
of claim 1. Thus, we do not sustain the rejection of claims 2, 3, 6, and 7
over Pelonis ’920, Yilmaz, Rendel, Glassford, and Todd, Jr. for the same
reasons.

Claims 10, 11, 14, and 15
Claim 10 is directed to a lighting and heating assembly for a ceiling
fan and recites, in part, “said housing including an auxiliary connection in
electrical communication with a power source other than the electrical
connection of the ceiling fan,” and “a heating assembly detachably
connected to said lighting assembly such that said lighting assembly remains
operatively connected during to the ceiling fan the detachment of said
Appeal 2013-001445
Application 12/862,417

10
heating assembly, . . . said heating element having at least one connector to
detachably connect said heating element to said auxiliary connection for
receiving power.” Appeal Br. 22, Claims App.
As discussed above for the rejection of claim 1, the Examiner fails to
establish that the above-noted features of claim 10 would have been obvious
over the combination of Pelonis ’920, Yilmaz, and Rendel. The Examiner
additionally relies on Glassford for disclosures relating to a light bulb shield
(Answer 5, 6) and on Todd, Jr. for disclosures relating to a lighting assembly
having telescoping arms (id. at 6). As such, the Examiner’s application of
Glassford and Todd, Jr. for the rejection of claim 10 fails to cure the
deficiencies of Pelonis ’920, Yilmaz, and Rendel. Thus, we do not sustain
the rejection of claim 10 and dependent claims 11, 14, and 15 over Pelonis
’920, Yilmaz, Rendel, Glassford, and Todd, Jr. for the same reasons.

Rejections III–XI
Claims 4, 5, 8, 9, 12, 13, and 16–20 respectively depend from claim 1
or 10. The Examiner’s additional application of: Glassford, Todd, Jr., and
Hartwig for the rejection of claims 4 and 12 (Answer 6–7); Glassford,
Todd, Jr., Hartwig, and Kan for the rejection of claims 5 and 13 (id. at 7);
Glassford and Brown for the rejection of claim 8 (id. at 8); Glassford and
Taylor, III for the rejection of claim 9 (id. at 8–9); Glassford, Todd, Jr., and
Brown for the rejection of claim 16 (id. at 9); Glassford, Todd, Jr., and
Taylor, III for the rejection of claim 17 (id. at 9–10); Glassford, Todd, Jr.,
and Ryu for the rejection of claim 18 (id. at 10); Glassford and Pelonis ’956
for the rejection of claim 19 (id. at 10–11); and Glassford, Todd, Jr., and
Pelonis ’956 for the rejection of claim 20 (id. at 11–12) fails to cure the
Appeal 2013-001445
Application 12/862,417

11
above-discussed deficiencies of the rejection of claims 1 and 10.
Accordingly, we do not sustain the rejections of claims 4, 5, 8, 9, 12, 13, and
16–20 for the same reasons.

DECISION
We reverse the Examiner’s rejections of claims 1–20.

REVERSED
llw