Ex Parte Wentink

Patent Trial and Appeal Board

Dec 16, 2014

11930715 (P.T.A.B. Dec. 16, 2014)

UNITED STATES PATENT AND TRADEMARK OFFICE
______________

BEFORE THE PATENT TRIAL AND APPEAL BOARD
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Ex parte MENZO WENTINK
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Appeal 2012-004616
Application 11/930,715
Technology Center 2400
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Before CARL W. WHITEHEAD JR., JOHNNY A. KUMAR, and
CHARLES J. BOUDREAU, Administrative Patent Judges.

KUMAR, Administrative Patent Judge.

DECISION ON APPEAL
This is a decision on appeal under 35 U.S.C. § 134(a) from the
Examiner’s final rejection of claims 1–20. We have jurisdiction under
35 U.S.C. § 6(b).
We affirm.

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STATEMENT OF THE CASE
Exemplary claim 18 is instructive about the subject matter (emphases
added):
18. A method for resetting a signal, comprising:
sending, by a computer, a first packet, the first packet
including a first legacy layer header; and
sending a second packet, the second packet including a
second legacy physical layer header, the second legacy physical
layer header configured to indicate a duration substantially
equal to a length of the second packet, the legacy physical layer
header further configured to reset an indication by the first
legacy layer header.
Rejections
Claims 1, 6, 7, 12, 13, and 18 stand rejected under 35 U.S.C. § 103(a)
as being unpatentable over Hall (US 6,438,383 B1, Aug. 20, 2002), Olgaard
(US 2007/0294378 A1, Dec. 20, 2007), Connor (US 2004/0015686 A1, Jan.
22, 2004), and Okuda (US 2003/0161647 A1, Aug. 28, 2003). Ans. 5–12.
Claims 2, 8, and 14 stand rejected under 35 U.S.C. § 103(a) as
unpatentable being over Hall, Olgaard, Okuda, Connor, and Chung (US
2007/0191042 A1, Aug. 16, 2007). Ans. 13–15.
Claims 3, 9, and 15 stand rejected under 35 U.S.C. § 103(a) as being
unpatentable over Hall, Olgaard, Connor, Okuda, and Lui (US
2005/0226270 A1, Oct. 13, 2005). Ans. 15–18.
Claims 4, 10, and 16 stand rejected under 35 U.S.C. § 103(a) as being
unpatentable over Hall, Olgaard, Connor, Okuda, Liu, and Takagi (US
2009/0016379 A1, Jan. 15, 2009). Ans. 18–20.
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Claims 5, 11, and 17 stand rejected under 35 U.S.C. § 103(a) as being
unpatentable over Hall, Olgaard, Connor, Okuda, Liu, Takagi, and Grandhi
(US 2007/0171858 A1, July 26, 2007). Ans. 20–22.
Claim 19 stands rejected under 35 U.S.C. § 103(a) as being
unpatentable over Hall, Olgaard, Connor, Okuda, and Grandhi. Ans. 22–23.
Claim 20 stands rejected under 35 U.S.C. § 103(a) as being
unpatentable over Hall, Olgaard, and Okuda. Ans. 23–24.
ANALYSIS1
Issue on Appeal: Has the Examiner erred in rejecting the claims as
being obvious over Hall, Olgaard, Connor, and Okuda because the
combination of references does not teach or suggest “the legacy physical
layer header further configured to reset an indication by the first legacy layer
header” (hereinafter “disputed limitation”), as recited in independent claim
1, and similarly recited in independent claims 7, 13, 18, and 20?
Rather than reiterate the arguments of Appellant and the Examiner,
we refer to the Appeal Brief (“App. Br.”) filed August 15, 2011, the Answer
(“Ans.”) mailed November 16, 2011, and the Reply Brief (“Reply Br.”) filed
January 17, 2012, for the respective details. We have considered in this
decision only those arguments Appellant actually raised in the Briefs. Any
other arguments that Appellant could have made but chose not to make in
the Briefs are deemed to be waived. See 37 C.F.R. § 41.37(c)(1)(vii). Based
on Appellant’s arguments the claims stand or fall together. See id.

1 Separate patentability is not argued for dependent claims 2-5, 8-11, 14-17,
and 19. App. Br. 14–15.
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We have reviewed the Examiner’s rejections in light of Appellant’s
arguments that the Examiner has erred. The Examiner cited Okuda for the
disputed limitation. Ans. 7.
We disagree with Appellant’s conclusions. We adopt as our own the
findings and reasons set forth by the Examiner in the action from which this
appeal is taken and the reasons set forth in the Examiner’s Answer in
response to Appellant’s Appeal Brief (see Ans. 25–29). However, we
highlight and address specific findings and arguments for emphasis as
follows.
Appellant challenges the Examiner’s rejection over the combination
of Hall, Olgaard, Connor, and Okuda, arguing “Okuda is non-analogous art”
and “header interval timer 42 of Okuda is not a data packet, but rather a
circuit.” App. Br. 11–12. In particular, Appellant contends:
Okuda discloses a printer (image forming apparatus), and
[0096] of Okuda discloses means for turning on a header
interval timer 42 that is used to count the time between two
printed headers. In contrast, Hall, Olgaard and Conner relate to
packet data communication. . . . The data communicated within
the apparatus of Okuda is not packet data, but rather is
transmitted in dedicated manner over a common bus 30.
App. Br. 11–12.
The Examiner finds:
[I]t would have been obvious to one of ordinary skill in the art
at the time of invention, to modify the system of Hall, Olgaard,
Connor by the second legacy physical layer header further
configured to reset an indication by the first legacy physical
layer header t, as suggested by Okuda. This modification
would benefit the system of Hall, Connor for an efficient
method of retransmitting information in a wireless
communication system.
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Ans. 7.
The Examiner finds, and we agree, that Okuda is analogous art
because the reference is directed to packet data communication:
Okuda teaches a device which is a printer which is printing
information from a computer (Para [0094-0096]), which
includes the control data such as header which is coming from
the computer through an interface, Okuda talks about a header
and data which comes through an interface, which examiner is
interpreting as a packet information and also in Fig. 6 there is a
PC and printing device and PC sends the header and data
information through the interface to the printing device and
physical legacy header is physical legacy header is header
information in receiving from an interface with control and
data.
Ans. 25.
In addition, the Examiner finds, and we agree, that in Okuda “control
data generally includes the header information in packet network, the
mechanism here used in communication between the computer and printer is
through data communication.” Ans. 26.
Therefore, we agree with the Examiner’s findings that Hall, Olgaard,
Connor, and Okuda are properly combinable. We agree with the Examiner
because the artisan is not compelled to blindly follow the teaching of one
prior art reference over the other without the exercise of independent
judgment (see Lear Siegler, Inc. v. Aeroquip Corp., 733 F.2d 881, 889 (Fed.
Cir. 1984)). As such, we find that Hall, Olgaard, and Conner would be
adjusted to accommodate teachings from Okuda by one of ordinary skill in
the art. As correctly cited by the Examiner, one of ordinary skill would
incorporate the concepts of Okuda into Hall, Olgaard, and Conner without
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incorporating every feature of the Okuda principle into Hall, Olgaard, and
Conner.
Accordingly, we conclude Appellant has not shown reversible error in
the Examiner’s rejections of claims 1–20.
DECISION
The rejections of claims 1–20 under 35 U.S.C. § 103(a) are 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)(1)(iv).

AFFIRMED

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