Jason O'Young et al.

Patent Trials and Appeals Board

Sep 20, 2019

15028039 - (D) (P.T.A.B. Sep. 20, 2019)

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.
15/028,039 04/08/2016 Jason O'Young LCB850 9177
32915 7590 09/20/2019
PANDUIT CORP.
18900 Panduit Drive
Tinley Park, IL 60487
EXAMINER
PATEL, HARSHAD C
ART UNIT PAPER NUMBER
2831
NOTIFICATION DATE DELIVERY MODE
09/20/2019 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):
patents@panduit.com
PTOL-90A (Rev. 04/07)

UNITED STATES PATENT AND TRADEMARK OFFICE
____________

BEFORE THE PATENT TRIAL AND APPEAL BOARD
____________

Ex parte JASON O'YOUNG, ROBERT E. FRANSEN,
SAMUEL M. MARRS, SATISH I. PATEL,
PAUL W. WACHTEL, and ANDREW CIEZAK

Appeal 2019-000450
Application 15/028,039
Technology Center 2800
____________

Before BRADLEY R. GARRIS, JEFFREY T. SMITH, and
BEVERLY A. FRANKLIN, Administrative Patent Judges.

SMITH, Administrative Patent Judge.

DECISION ON APPEAL

Pursuant to 35 U.S.C. § 134(a), Appellant1 appeals from the
Examiner’s decision to reject claims 1–3 and 20. We have jurisdiction under
35 U.S.C. § 6(b).
We REVERSE.

1 We use the word “Appellant” to refer to “applicant” as defined in
37 C.F.R. § 1.42. Appellant identifies the real party in interest as Panduit
Corp. Appeal Br. 1.
Appeal 2019-000450
Application 15/028,039

2
The following rejection is presented for appeal:
Claims 1–3, and 20 are rejected under 35 USC 102(a)(2) as
anticipated by Fransen et al. (US 2014/0273570 A1)2.
Appellant’s invention relates to network jacks adapted for operating
with more than one type of a plug. (Spec. ¶ 2). Claim 1 is illustrative of the
subject matter on appeal and is reproduced below:
1. A communication connector, comprising:
a housing configured for receiving a
communication plug;
a printed circuit board at least partially within said
housing;
a rocker switch at least partially within said
housing, said rocker switch configured to rotate about a
pivot point for actuating said printed circuit board; and
a translating crossbar at least partially within said
housing, said translating crossbar engaging said rocker
switch and causing said rocker switch to rotate about the
pivot point.

OPINION3
We have reviewed each of Appellant’s arguments for patentability.
We will not sustain the Examiner’s rejection for essentially those reasons
expressed by Appellant. Specifically, Appellant argues Fransen elements
101 and 94 are not a translating crossbar at least partially within a housing
that engages with a rocker switch and causes the rocker switch to rotate
about the pivot point as required by independent claim 1. (App. Br. 4–5).

2 Provisional application 61/779,806, having priority date March 13, 2013.
3 We limit our initial discussion to independent claim 1.
Appeal 2019-000450
Application 15/028,039

3
The Examiner finds Fransen describes a communication connector
comprising a translating crossbar element 101 or 94. (Final Act. 3) The
Examiner states Fransen discloses “a translating crossbar 101 (or 94) at least
partially within said housing, said translating crossbar 101 engaging said
rocker switch 66 (through aperture 102) and causing said rocker switch to
rotate about the pivot point (figs. 5 and 7).” (Final Act. 3–4) Fransen
Figures 5 and 6 depicting elements 94 and 101 respectively, are reproduced
below.

Fransen Figure 5 depicting the plug/jack and illustrating component 94.

Appeal 2019-000450
Application 15/028,039

4

Fransen Figure 6 depicting a rear isometric view of the plug/jack and
illustrating component 101.
The Specification describes the translating crossbar as engaging a
switch. The Specification specifically states:
A communication connector has a housing for receiving a
communication plug, a printed circuit within the housing, a switch
which actuates the printed circuit board, and a translating crossbar
which engages the switch. The printed circuit board is moved
dependent upon a type of plug inserted. The movement of the circuit
board can help to selectively engage one of two sets of circuit traces
and groupings of contacts. (Spec. ¶ 6).
Application Figure 5 which depicts the translating crossbar is reproduced
below:
Appeal 2019-000450
Application 15/028,039

5

Application figure 5
The Specification describes application figure 5 as follows:
Front nose assembly 120, shown exploded in Fig. 5, includes crossbar
65 with plug grounding tabs 64. When ARJ45 plug 54 is inserted into
RJ45/ARJ45 jack 50, crossbar 65 pushes on rocker switch 66 which
then pushes PCB 76 down into its high bandwidth mode (ARJ45).
Springs 63 are compressed between metal housing 62 and rocker
switch 66 such that it biases switchable RJ45/ARJ45 jack 50 to its
RJ45 state when ARJ45 plug 54 is withdrawn from switchable RJ45/
ARJ45 jack 50 causing the rocker switch to pull PCB 76 up into its
RJ45 position. Rocker switch 66 toggles switchable jack 50 between
the RJ45 and switched high bandwidth mode of operation based upon
which type of plug is inserted. Hinge pin 67 is inserted into front PIC
support structure 68 and holds rocker switch 66. (Spec. ¶ 24).
As is apparent from the above representations of the claimed invention, the
translating crossbar 65 engages the rocker switch 66 and causes the rocker
Appeal 2019-000450
Application 15/028,039

6
switch to rotate about a pivot point. Figure 6 depicts RJ45/ARJ45 jack 50
(housing) containing the translating crossbar 65 engaging the rocker switch
66. Contrary to the Examiner’s position, Fransen elements 94 and 101 are
not a translating crossbar as required by the claimed invention. Element 94
is an arm of the rocker switch 66 and element 101 is an axle. (Fransen ¶¶
26, 29; fig. 5). Neither element 94 nor 101 engages a rocker switch and
causes the rocker switch to rotate about the pivot point as required by the
claimed invention.
For the foregoing reasons and those provided by Appellant, we do not
sustain the appealed rejection.
DECISION
The Examiner’s rejection is reversed.
DECISION SUMMARY
Claims
Rejected
Basis Affirmed Reversed
1–3, 20 § 102(a)(2) 1–3, 20

Overall Outcome 1–3, 20

REVERSED