Ex Parte KronederDownload PDFPatent Trial and Appeal BoardMay 30, 201412220549 (P.T.A.B. May. 30, 2014) Copy Citation 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. 12/220,549 07/25/2008 Christian Kroneder 5454-44 7876 7590 05/30/2014 Roger S. Thompson The Law Offices of Roger S. Thompson Suite D-14 116 Pinehurst Ave. New York, NY 10033 EXAMINER GUPTA, RAJ R ART UNIT PAPER NUMBER 2829 MAIL DATE DELIVERY MODE 05/30/2014 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 CHRISTIAN KRONEDER ____________ Appeal 2012-000752 Application 12/220,549 Technology Center 2800 ____________ Before BRADLEY R. GARRIS, CHUNG K. PAK, and CHARLES F. WARREN, Administrative Patent Judges. PAK, Administrative Patent Judge. DECISION ON APPEAL This is a decision on appeal1 under 35 U.S.C. § 134(a) from the Examiner’s final rejection2 of claims 1 through 10 under 35 U.S.C. § 102(b) as anticipated by the disclosure of U.S. Patent 7,006,356 B2 issued to Bergmann et al. on February 28, 2006 (“Bergmann”). An oral hearing was held on May 15, 2014. We have jurisdiction pursuant to 35 U.S.C. § 6(b). We REVERSE. 1 Appeal Brief filed June 10, 2011 (“Br.”) at 2. 2 Final Office Action mailed May 24, 2010. Appeal 2012-000752 Application 12/220,549 2 The subject matter on appeal is directed to a power semiconductor module with connecting devices. (Spec. 2, ¶ [0001] and Title.) “The connecting devices are formed as essentially hollow cylindrical molded metallic die-cast parts, preferably of aluminum or zinc.” (Spec. 4, ¶ [0008].) Details of the appealed subject matter are recited in representative claim 1 reproduced below from the Claims Appendix of the Appeal Brief: 1. A power semiconductor module comprising: a housing with first connecting devices for connection to an external cooling component; at least one substrate carrier with power-electronics circuit arrangements constructed thereon; and electrical terminal elements coupled to second connecting devices for connection to external power lines, wherein at least one of said first and said second connecting devices is an essentially hollow metallic cylinder connected to said housing. (App. Br. A1 (emphasis added).) In rejecting the claims on appeal, the Examiner relies upon Bergmann as disclosing every feature of claim 1. (Ans. 4-5.) Figure 1 of Bergmann relied upon by the Examiner is reproduced below: Figure 1 shows a transformer unit. (Bergmann, col. 3, ll. 38-39.) According to the Examiner, a driving system with a transformer designated as 10 corresponds to Appeal 2012-000752 Application 12/220,549 3 the claimed power semiconductor module. (Ans. 4 with Bergmann, col. 4, ll. 4-5.) The Examiner finds that Bergmann’s transformer unit 10 has a casing with a casing bottom portion 12 and a cover 14 and unidentified holes in the corners of the casing bottom portion 12 as corresponding to the housing and the first connecting device for connection to an external cooling component recited in claim 1, respectively. (Ans. 4 with Bergmann, col. 4, ll. 5-12.) The Examiner also finds that terminal pins 22 as corresponding to the electrical terminal elements recited in claim 1 and metallic recesses 18 as the second connecting device for connection to external power lines recited in claim 1. (Ans. 4 with Bergmann, col. 4, ll. 12-18.) According to the Examiner, either recesses 18 or unidentified holes in the corner of the casing bottom portion are essentially hollow metallic cylinder connected to said housing, with the recesses 18 electrically coupled to the terminal pins 22 (the electrical terminal elements) as required by claim 1. (Ans. 4-5.) As correctly stated by Appellant at pages 3 through 8 of the Appeal Brief, the Examiner‘s § 102(b) rejection is flawed because the Examiner has not demonstrated that Bergmann teaches the connecting devices recited in claim 1 on appeal. In particular, the Examiner has not shown that the unidentified holes in the casing bottom portion 12 or metallic recesses 18 in the casing cover 14 illustrated in Bergmann are configured for connection to an external cooling component as recited in claim 1 or are electrically coupled to terminal pins 22 (electrical terminal elements) as recited in claim 1, respectively. (Compare Ans. 4-9 with Bergmann, col. 4, ll. 4-30, col. 5, ll. 12-51, and Figs. 1 and 10.) Nor has the Examiner shown that either the unidentified holes or the recesses defined in Bergmann’s housing can be described as essentially hollow metallic cylinder connected to the housing. (Ans. 4-9.) It follows that the Examiner, on this record, has not evinced that Bergmann teaches each and every feature recited in the claims on appeal within the Appeal 2012-000752 Application 12/220,549 4 meaning of 35 U.S.C. § 102(b). Connell v. Sears, Roebuck & Co.,722 F.2d 1542, 1548 (Fed. Cir. 1983) (“Anticipation requires the presence in a single prior art disclosure of all elements of a claimed invention arranged as in the claim.”) Accordingly, we find that Appellant has identified reversible error in the Examiner’s finding that Bergmann teaches the subject matter recited in the claims on appeal within the meaning of 35 U.S.C. § 102(b). ORDER Upon consideration of the record, and for the reasons given above and in the Appeal Brief, it is ORDERED that the decision of the Examiner to reject the claims on appeal under 35 U.S.C. § 102(b) is REVERSED. REVERSED lp Copy with citationCopy as parenthetical citation