Ex Parte Vallés Navarro et al

Patent Trial and Appeal Board

May 15, 2017

13148509 (P.T.A.B. May. 15, 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.
13/148,509 08/09/2011 Alfredo Valles Navarro 6693 2597
26936 7590 05/17/2017
SHOEMAKER AND MATT ARE, LTD
c/o DAVIS & BUJOLD, P.L.L.C.
112 PLEASANT STREET
CONCORD, NH 03301
EXAMINER
WUJCIAK, ALFRED J
ART UNIT PAPER NUMBER
3632
NOTIFICATION DATE DELIVERY MODE
05/17/2017 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):
USPTO@SHOMAT.COM
patent @ nhpat. com
PTOL-90A (Rev. 04/07)
UNITED STATES PATENT AND TRADEMARK OFFICE
BEFORE THE PATENT TRIAL AND APPEAL BOARD
Ex parte ALFREDO VALLES NAVARRO and
ANDRES VALLES NAVARRO
Appeal 2015-006554
Application 13/148,509
Technology Center 3600
Before CHARLES N. GREENHUT, NATHAN A. ENGELS, and
BRENT M. DOUGAL, Administrative Patent Judges.
DOUGAL, Administrative Patent Judge.
DECISION ON APPEAL
STATEMENT OF THE CASE
Appellants appeal under 35 U.S.C. § 134 from a final rejection of
claims 17—21 under 35 U.S.C. § 102(b) as being anticipated by Chapman
(US 7,128,479 B2, iss. Oct. 31, 2006). We have jurisdiction under 35
U.S.C. § 6(b).
We affirm-in-part.
Appeal 2015-006554
Application 13/148,509
CLAIMED SUBJECT MATTER
The claims are directed to a telescopic filming crane with fine
adjustment of a counterweight. Claim 17, the sole independent claim, is
reproduced below and is illustrative of the claimed subject matter:
17. For a filming crane of the type having a telescoping
mechanism comprising a main tube and a first telescoping tube
which can be extended and retracted within said main tube, a
primary counterweight platform supporting a counterweight for
compensating for extension and retraction of the telescoping
mechanism, and means for adjusting the position of the
counterweight to balance the crane, a fine adjustment device
comprising:
a secondary counterweight platform which is movable
with respect to the primary counterweight platform,
a motor for moving the secondary platform with respect to
the primary counterweight platform, and
a controller for controlling said motor so as to finely adjust
the position of the counterweight and thus maintain balance of
the crane about its fulcrum for different extension positions of
the first tube in relation to the main tube.
OPINION
Appellants argue that Chapman does not anticipate claim 17 because
it “does not have a secondary counterweight platform, and means for
moving the same with respect to a primary counterweight platform.” Appeal
Br. 4.1 Appellants discuss the functioning of Chapman’s carrier 50, and
acknowledge that it is a counterweight platform, but state that this the only
counterweight platform in Chapman. Id. at 3^4.
1 We note that the Appeal Brief does not include page numbers. For the
sake of reference, we designate the cover page of the Brief as page 1 and
number the pages consecutively therefrom.
2
Appeal 2015-006554
Application 13/148,509
At the same time however, Appellants do not address the Examiner’s
finding (Final Act. 2) that Chapman’s post 46 contains sufficient structure to
satisfy the recited “primary platform” limitation. See generally Appeal Br.
3^4. In response to Appellants arguments, the Examiner further finds “claim
17 cites the primary counterweight platform broadly and it can be applied to
anything with a counterweight to provide support for an object,” in other
words, it reads on “element 46 in Chapman's invention [that] provides the
counterweight support for the telescopic crane (35) and to ‘help to keep the
center of gravity of the arm 35 centered over the pan axis bearings.’” Ans.
3^4 (citing Chapman, col. 4:49-53). As Appellants provide no reasoning
why Chapman’s post 46 could not be considered the claimed platform or
why the Examiner’s position or findings concerning post 46 are incorrect, we
are not informed of error in the Examiner’s rejection.
Appellants also argue that the Examiner has not clearly identified how
Chapman reads on claim 18. Appeal Br. 5. Claim 18 depends from claim
17 and adds: “storing means for preserving a plurality of pairs of positions of
calibration of the device, wherein each starting point of said first tube
relative to said main tube corresponds with a positioning point of said
secondary counterweight platform.”
The Examiner’s rejection addressing claim 18 states: “The device
comprises a storing means (figure 3, mounted on top of element 52) for
preserving a plurality of pairs of positioning of calibration of the device, a
control means (104) and control mechanisms (figure 30).” Final Act. 3.
Reviewing Chapman figure 3, figure 30, and the disclosures related to
element 104 and 52, we agree with Appellants that it is unclear how this
disclosure relates to the features of claim 18. Element 52 is the first section
3
Appeal 2015-006554
Application 13/148,509
of the crane arm, which includes essentially the entire adjustment
mechanism for the counterweight on its top. Chapman, col. 4:66—67, Fig. 3.
Figure 30 shows “a schematic diagram showing the entire hydraulic system
of the crane arm” {id. at col. 3:52—53) and element 104 is a leveling system
for making sure the camera at the end of the crane arm is level {id. at col.
9:8—15). It is unclear how any of this disclosure is related to the storing
means of claim 18. Thus, we do not sustain the Examiner’s rejection of
claim 18.
DECISION
The Examiner’s rejection of claims 17 and 19—21 is affirmed.
The Examiner’s rejection of claim 18 is reversed.
No time period for taking any subsequent action in connection with
this appeal may be extended under 37 C.F.R. § 1.136(a). See 37 C.F.R.
§ 1.136(a)(l)(iv).
AFFIRMED-IN-PART
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