Ex Parte Wolf et al

Patent Trial and Appeal Board

Sep 28, 2016

13060621 (P.T.A.B. Sep. 28, 2016)

UNITED STA TES p A TENT AND TRADEMARK OFFICE
APPLICATION NO. FILING DATE
13/060,621 05/27/2011
24972 7590 09/30/2016
NORTON ROSE FULBRIGHT US LLP
1301 Avenue of the Americas
NEW YORK, NY 10019-6022
FIRST NAMED INVENTOR
Michael Wolf
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.
1019116749 1586
EXAMINER
ALKAFAWI,EMAN A
ART UNIT PAPER NUMBER
2865
NOTIFICATION DATE DELIVERY MODE
09/30/2016 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):
nyipdocket@nortonrosefulbright.com
PTOL-90A (Rev. 04/07)
UNITED STATES PATENT AND TRADEMARK OFFICE
BEFORE
THE PA TENT TRIAL AND APPEAL BOARD
Ex parte MICHAEL WOLF, 1
Marcus Bremmer, and Christoph Wenger
Appeal2015-001763
Application 13/060,621
Technology Center 2800
Before ADRIENE LEPIANE HANLON, MARK NAGUMO, and
JULIA HEANEY, Administrative Patent Judges.
NAGUMO, Administrative Patent Judge.
DECISION ON APPEAL
Michael Wolf, Marcus Bremmer, and Christoph Wenger ("Wolf')
timely appeal under 35 U.S.C. § 134(a) from the Final Rejection2 of
claims 11-21, which are all of the pending claims. We have jurisdiction.
35 U.S.C. § 6. We reverse.
1 The real party in interest is identified as Robert Bosch GmbH. (Appeal
Brief, filed 21 July 2014 ("Br."), 1.)
2 Office action mailed 24 October 2013 ("Final Rejection"; cited as "FR").
Appeal2015-001763
Application 13/060,621
A. Introduction3
OPINION
The subject matter on appeal relates to "devices for detecting the
current, temperature, or voltage of a battery" (Spec. 1, 11. 3--4 ), especially
lead batteries in a motor vehicle (id. at 11. 6-7). According to
the '621 Specification, the sensors are typically provided into a pole recess
of the battery, and a signal preprocessing unit is also attached there to
prevent corruption of the signal due to long lines. (Id. at 11. 15-26.) Existing
devices for these purposes are said to reduce the effect of electrical
interference from various sources in the engine compartment of a motor
vehicle by providing preprocessing directly at the sensor. (Id. at 2, 11. 18-
22.) The Specification teaches that relatively large and complex
mechanisms are required to connect the sensors, conductors, and the
monitoring electronics in the corrosive and hostile environment of the
engine compartment. (Id. at 2, l. 24, through 4, l. 5.)
The Specification reveals a way to provide only the sensor elements
themselves on the battery. Errors that result due to the use of long
conductors between the sensors and the detection circuitry, and differences
between the battery potential and the potential level of the power supply of
the analysis circuits, are said to be suppressed by a potential isolation circuit
between the detection circuit and the data processing circuit. (Id. at 4, 1. 23,
3 Application 13/060,621, Battery monitoring system, filed 27 May 2011, as
the national stage under 35 U.S.C. § 371 of PCT/EP09/58275,
filed 1 July 2009, claiming the benefit of an application filed in Germany
on 25 August 2008. We refer to the '" 621 Specification," which we cite as
"Spec."
2
Appeal2015-001763
Application 13/060,621
to 5, 1. 12.) In the words of the Specification, "In the simplest case, the
potential isolation circuit is implemented as a serial capacitor; however, it
may also be fundamentally implemented by any high-pass circuits .... "
(Id. at 7, 11. 14-16, subject to several technical considerations (id. at 7, 1. 16,
through 8, 1. 12) that we need not, on the present record, discuss.) The
Specification teaches that the battery may be monitored by small sensors in
situ, without distortions arising from electrical interference.
{Figure 1: battery monitoring device with potential isolation circuit 80}
Battery section 104 contains a battery 12 with positive terminal 14 and
negative pole 16, which represents the electrical ground for the battery and
4 Throughout this Opinion, for clarity, labels to elements are presented in
bold font, regardless of their presentation in the original document.
3
Appeal2015-001763
Application 13/060,621
for the sensors. (Spec. 13, 11. 21-24.) The voltage is measured across the
battery at terminals 30, 32; the current through the battery is monitored by
measuring the voltage across shunt resistor 20 at terminals 32, 34; and the
temperature may be monitored by temperature sensor 22 at terminals 38, 36.
(Id. at 11. 24-34.) These signals are communicated over cables K to
corresponding input terminals in detection and data processing unit 40.
(Id. at 14, 11. 15-29.) Filters 60, 62, and overvoltage protectors 64, 66, 68
may be provided externally, as illustrated, or included in detection circuit 42.
(Id. at 14, 1. 35, to 15, 1. 8.) Detection and data processing unit 40 further
includes data processing circuit 44, which provides detection circuit 42 with
a supply voltage via terminals 41a-46b. (Id. at 15, 11. 10-13.)
According to the Specification, any potential offset between detection
circuit 42, ground 92, and the data processing circuit 44, ground 90, is
absorbed and made harmless by potential isolation circuit 80. In particular,
the Specification reveals that
isolation circuit 80 may be provided particularly simply as a
serial capacitor or alternatively may be provided by multiple
capacitors connected in parallel, which connect ground 92 to
ground 90. Through this connection, further interferences are
suppressed, which would otherwise be generated by two
different sets of wiring, which are isolated from one another.
(Id. at 16, 11. 28-34.)
Claim 11 is representative of the dispositive issues and reads:
A battery monitoring device, comprising:
a sensor device electrically connectable to an automobile
battery and situated thereon, and
adapted to detect an operating variable of the battery;
4
Appeal2015-001763
Application 13/060,621
a detection circuit connected via a cable connection to the
sensor device; and
a data processing circuit connected to the detection circuit
via a potential isolation circuit,
the potential isolation circuit isolating
a potential level of the detection circuit and
a potential level of the data processing circuit for
direct signal components from one another,
wherein the potential isolation circuit is located outside of
the sensor device.
(Br., Claims App. 1, some indentation, paragraphing, and emphasis added.)
Remaining independent claim 16 is drawn to a method of
interference-free coupling of a sensor device to a detection circuit and a data
processing circuit, including the step of "isolating the potential level of the
detection circuit from the potential level of the data processing circuit for
direct signal components using a potential isolation circuit, which is
incorporated between the potential levels connected in series, wherein the
potential isolation circuit is located outside of the sensor device." (Id. at 2;
emphasis added.)
The Examiner maintains the following grounds of rejection5 :
A. Claims 11-14 and 16-21 stand rejected under
35 U.S.C. § 102(b) in view ofKutkut. 6
Al. Claim 15 stands rejected under 35 U.S.C. § 103(a) in view of
the combined teachings of Kutkut and Raichle. 7
5 Examiner's Answer mailed 2 September 2014 ("Ans.").
6 Nasser H. Kutkut and David Brobst, Battery monitoring method and
apparatus, U.S. Patent No. 6,549,014 Bl (2003).
7 Kurt Raichle et al., U.S. Patent Application Publication 2010/0153039 Al
(17 June 2010), now U.S. Patent No. 8,180,584 (15 May 2012), claiming the
5
Appeal2015-001763
Application 13/060,621
A2. Claim 16-19 and 21 stand rejected under 35 U.S.C. § 103(a)
in view of the combined teachings of Kutkut and Palmisano. 8
A3. Claim 20 stands rejected under 35 U.S.C. § 103(a) in view of
the combined teachings of Kutkut, Palmisano, and Raichle.
B. Discussion
Findings of fact throughout this Opinion are supported by a
preponderance of the evidence of record.
Anticipation requires a description, in a prior art reference, of an
embodiment that contains all the elements required by the appealed claims,
arranged as required by those claims. See, e.g., In re Gleave, 560 F.3d 1331,
1334 (Fed. Cir. 2009).
Wolf urges that the Examiner erred in finding that capacitor 117,
shown in Kutkut Figure 10, plays any role in connecting the data processing
circuit (identified by the Examiner as "fig 2, item 44/microcontroller
circuitry [ 44 ]/processing circuit" (FR 3, 11. 14-15)) and the detection circuit
(identified by the Examiner as "fig 1, item 10/detection circuit" (id. at 3,
1. 7)). In particular, the Examiner finds that "capacitor 117 is connected to
ground 118 as the signal entering the process circuitry, reads on 'isolating
potential level of the detection circuit and processing circuit'." (Id. at 11. 16-
18.)
To evaluate the merits of these findings, it is helpful to review the
circuit diagrams illustrated in the Figures provided by Kutkut.
benefit of an application filed on 6 September 2002, now U.S. Patent
No. 7,672,798 (2 March 2010).
8 Andrew J. Palmisano et al., U.S. Patent No. 6,544,078 B2 (2003).
6
Appeal2015-001763
Application 13/060,621
Figure 1 shows a battery monitoring system connected to a battery 11.
£
!"' 16 /!O
11 --------~ 15. · . ·. /' -----------·~v, '.3f
~ t __ ~r---------------- 24 [~ 33
j l 7 rw ~ ~-· i·l~----------1/!k: 30 _______ L _____ J···. 34
13 ·-······ --·-----~-----~ : I f ----------- __ _[
2S '.,=~~~~J I
28
[! I
25 ........ , !
{Kutkut Figure 1 shows a battery monitoring system}
Current produced by battery 11 is monitored by battery monitoring
apparatus 10 via current sensor 26, which is connected by conducting
lines 25 to current sense input port 24. (Kutkut, col. 4, 11. 25-26.)
Details of battery monitoring apparatus 10 are illustrated in Figure 2.
!6
17
24
25
20
21
46 )0
-------+/+)----------------~'-i---------.
1 47
Isolated
i i ~ .A 0 LJser Inf e rface --uuutu uu • Im '. ~.---.... ........_____-------. 40
cuitry l Power Supply : L___ ______ ;i
Voltage Sense
ond
Condiiioning
Circuitry
Supply . l j . . .!s·o···l···o··ted
-Al 4.2 ------·-44 :. .......... ;
____ fl f
curre~~:~~;;---] ..... -i
Conditioning
Circuitry ......_ ____ ..
Temperature
Sense and
C ondit!on ing
Circuitry
53 60
54
!43 ~
"- I
~ I
~
8
E:
<(
61
Crysta!
M icrocontro! ler
Circuitry
58
----"'--------.
Non·Volatile
Real Time
Clock
Memory
57
28
{Kutkut Figure 2 shows a block diagram of battery monitoring system 10}
7
Appeal2015-001763
Application 131060,621
As shown in Figure 2, signals from battery sensors are input at input
ports 15, 24, and 20, sensed by sensing and conditioning circuity 40, 50,
and 53, and converted by AID converter 42 to digital values that are
transmitted over data lines 43 to microcontroller circuitry 44. The data may
be ouput through port 28 (Fig. 2) and transferred via communications link 33
to a remote computer 34, as shown in Figure 1.
Kutkut teaches that current sensing may also be carried out by the
"low cost, wide range, and high precision sensor circuit" shown in Figure 5.
{Kutkut Figure 5 shows an alternative current sensor}
(Kutkut, col. 9, 11. 1-2.) Kutkut explains that "[n] this arrangement, the
current sense and conditioning circuitry 50 [See Fig. 2, supra] is not
required, and the AID converter 42 is bypassed for the current sense data
signals." Thus, conductors 25 from shunt 89 input signals to current
sensor 90 at terminals 102. The signals are filtered, amplified, and digitized.
Digitized data from two-channel AID converter 97 are output on data
lines 98 to microprocessor 44 (see Fig. 2). (Id. at 11. 15-17.)
8
Appeal2015-001763
Application 13/060,621
Figure 7 shows a sketch of a physical embodiment of the circuit
shown in Figure 5.
~89
(~~;~ .. ~~;;z~~
909~LiS~~~~
I ( i
99~,_J :oo
/ j ./
{Figure 7: current sensor 89 linked by conductors 25 to terminals 102 of
current detector circuit 90}
Figure 7 shows Sensor 89 is linked via twisted pair conductors 25 to
printed circuit board (PCB) 100, which bears the circuitry 115 shown in
Figure 5 on the upper face top layer 105 (see Fig. 8, not shown here) of
PCB 100.
Finally, Figure 10 shows details of the filtering section following
terminals 102.
r ~ ~~ 1
, >._ ..... c:3
~ ~
{Fig. 10 shows a filter network in the input of current sensor 90}
Capacitors 117 connect the filtered inputs from conductors 25 to bottom
layer 108 of PCB 100, which preferably forms a ground plane. (Kutkut,
col. 10, 11. 12-21.) In Kutkut's words, "[t]he common mode filter
capacitors 117 are connected directly to the ground plane at connections 118
9
Appeal2015-001763
Application 13/060,621
as the filtered signal enters the processing circuitry." (Id. at 11. 21-24.)
Capacitors 117 thus would appear in Figure 2, supra, as two capacitors
connecting conductors 25 to a ground plane of a filtering section at the input
of a current sensor 90.
The Examiner has not directed our attention to credible evidence of
record indicating that either of capacitors 117 is serially connected as shown
in Figure 1 (and as expressly required by claim 16), between the ground of a
detecting circuit and the ground of a data processing circuit. Nor has the
Examiner proffered a credible analysis indicating why the function of either
capacitor 117 is a "potential isolation circuit isolating a potential level of the
detection circuit and a potential level of the data processing circuit for direct
signal components from one another" as recited in claim 11. To the extent
the Examiner may be attempting to read the claims broadly, somehow
blurring the lines between the detection circuit and the data processing
circuit, we note that our attention has not been directed to any indication in
the supporting Specification that such a blurring is disclosed. Rather, the
Specification treats the detection circuit and the data processing circuit as
distinct entities, consistent with the plain language of the claims. Cf Becton,
Dickinson & Co. v. Tyco Healthcare Group, LP, 616 F.3d 1249, 1254 (Fed.
Cir. 2010) ("Where a claim lists elements separately, the clear implication of
the claim language is that those elements are distinct component[ s] of the
patented invention.") (internal quotes and citation omitted).
The Examiner's findings regarding the remaining claims rejected as
anticipated by Kutkut, and regarding the remaining references, do not cure
this fundamental defect.
We therefore reverse the appealed rejections.
10
Appeal2015-001763
Application 13/060,621
C. Order
It is ORDERED that the rejection of claims 11-21 is reversed.
REVERSED
11