Ex Parte Verbowski

Patent Trial and Appeal Board

Aug 26, 2016

13374442 (P.T.A.B. Aug. 26, 2016)

UNITED STA TES p A TENT AND TRADEMARK OFFICE
APPLICATION NO. FILING DATE
13/374,442 12/29/2011
8131 7590 08/29/2016
MCKELLAR IP LAW, PLLC
784 SOUTH POSEYVILLE ROAD
MIDLAND, MI 48640
FIRST NAMED INVENTOR
Larry J. Verbowski
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.
MSH-775DIV 3139
EXAMINER
TO,TOANC
ART UNIT PAPER NUMBER
3616
MAILDATE DELIVERY MODE
08/29/2016 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 LARRY J. VERBOWSKI
Appeal2014-009940
Application 13/374,442 1
Technology Center 3600
Before CYNTHIA L. MURPHY, KENNETH G. SCHOPPER, and
BRADLEY B. BAY AT, Administrative Patent Judges.
SCHOPPER, Administrative Patent Judge.
DECISION ON APPEAL
This is an appeal under 35 U.S.C. § 134 from the rejection of
claim 19. We have jurisdiction under 35 U.S.C. § 6(b).
We AFFIRM.
BACKGROUND
According to Appellant, "[t]he present invention [] generally relates to
a suspension link. More specifically, the present invention relates to an
automotive sway bar stabilizer link." Spec. i-f 2.
1 According to Appellant, the real party in interest is Larry J. V erbowski.
Br. 1.
Appeal2014-009940
Application 13/374,442
CLAiivI
Claim 19 is the only claim on appeal and recites:
19. A suspension link assembly comprising:
a link member having a shank portion and a head portion,
said head portion having a flat surface and an aperture
therethrough; and
at least one bushing having at least a surface to contact the
flat surface of said head portion and having an aperture
therethrough.
Br., Claims App.
REJECTION
The Examiner rejects claim 19 under 35 U.S.C. § 102(b) as
anticipated by Stuker.2
DISCUSSION
The Examiner finds that Stuker discloses a suspension link assembly
as claimed. Final Act. 2. As discussed below, we are not persuaded of error
by Appellant's arguments.
Appellant argues that Stuker does not teach a head portion with a flat
surface because the head is a cylinder and there can be no flat surface in it
and that Stuker's component 27 "is not a flat surface, but is a line, in
phantom indicating the midline of the cylinder." Br. 3. However, Stuker
discloses that element 27 is a ridge in the middle of aperture 14 that "may
define a flat face that extends parallel to the axis of the bores, or may have a
rounded face." Stuker col. 4, 11. 10-13. Thus, we find Appellant's argument
2 Stuker et al., US 5,707,073, iss. Jan. 13, 1998.
2
Appeal2014-009940
Application 13/374,442
on this point is unpersuasive as Stuker specifically discloses a ridge with a
flat face.
Appellant also asserts that, in Stuker, "bushing ( 18) does have an
outward surface (53), but it does not contact any flat surface (27)." Br. 3.
To the extent this argument is premised on the alleged fact that Stuker does
not teach a flat surface as claimed, we are not persuaded for the reasons
provided above. Further, Appellant's argument, without further explanation,
fails to identify any error in the Examiner's finding that Stuker's bushing
surface 53 (see Stuker Fig. 3) is capable of or configured for contacting the
flat surface on ridge 27.
Based on the foregoing, we are not persuaded of error, and thus, we
sustain the rejection of claim 19.
CONCLUSION
For the reasons set forth above, we AFFIRM the rejection of claim 19.
No time period for taking any subsequent action in connection with
this appeal may be extended under 37 C.F.R. § 1.136(a)(l )(iv).
AFFIRMED
3