Ex Parte Arndt et al

Board of Patent Appeals and Interferences

Jun 25, 2012

11792166 (B.P.A.I. Jun. 25, 2012)

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.
11/792,166 06/01/2007 Bastian Arndt 2004P15051 2077
24131 7590 06/26/2012
LERNER GREENBERG STEMER LLP
P O BOX 2480
HOLLYWOOD, FL 33022-2480
EXAMINER
AMRANY, ADI
ART UNIT PAPER NUMBER
2836
MAIL DATE DELIVERY MODE
06/26/2012 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 BOARD OF PATENT APPEALS
AND INTERFERENCES
____________

Ex parte BASTIAN ARNDT, RALF FORSTER, and GUNTHER
WOLFARTH
____________

Appeal 2010-005570
Application 11/792,166
Technology Center 2800
____________

Before MARC S. HOFF, THOMAS S. HAHN, and
ELENI MANTIS MERCADER, Administrative Patent Judges.

HOFF, Administrative Patent Judge.

DECISION ON APPEAL
Appellants appeal under 35 U.S.C. § 134(a) from a final rejection of
claims 7-13.1 We have jurisdiction under 35 U.S.C. § 6(b).
We reverse.

1 Claims 1-6 have been cancelled.
Appeal 2010-005570
Application 11/792,166
2
STATEMENT OF THE CASE
Appellants’ invention concerns a control circuit for a relay. The
control circuit generates a hold signal for a predefined period of time when it
is supplied with a start signal. The start signal is formed by means of a reset
signal or is generated by means of a logic operation from the reset signal and
a switching signal or is generated by a deactivation of the switching signal.
The hold signal is generated for the predefined period of time irrespective of
a further characteristic of the start signal during said predefined period of
time (Spec. 2).
Independent claim 7, reproduced below, is representative of the
subject matter on appeal.
7. A control circuit for a switching configuration having
a relay and a switch, wherein the switch enables the relay to be
supplied with current or prevents the relay from being supplied
with current depending on a switch setting thereof, the control
circuit comprising;

an input for receiving a start signal and a switch output
connected to the switch of the switching configuration, and the
control circuit being configured to:

generate a hold signal for a predefined period of time
upon receiving the start signal, wherein the start signal is
formed by way of a reset signal or generated by way of a logic
operation from the reset signal and a switching signal or
generated by a deactivation of the switching signal;

generate the hold signal for the predefined period of time
irrespective of a further characteristic of the start signal during
the predefined period of time; and

activate the switch output as long as at least one of two
conditions is fulfilled and otherwise deactivating the switch
output, the two conditions including a first condition being
Appeal 2010-005570
Application 11/792,166
3
fulfilled when the control circuit is supplied with the switching
signal and a second condition being fulfilled if the switch
output is activated at a commencement of a generation of the
hold signal and the hold signal is generated; and

wherein said switch output is electrically coupled to the
switch such that the switch enables the relay to be supplied with
current when said switch output is activated and otherwise the
switch prevents the relay from being supplied with current.

REFERENCES
Hemminger US 4,888,697 Dec. 19, 1989
Theisen US 6,795,766 B2 Sep. 21, 2004

REJECTIONS
The Examiner rejected claims 7, 10, 11, and 13 under 35 U.S.C. §
102(b) based upon the teachings of Theisen.
The Examiner rejected claims 8 and 9 under 35 U.S.C. § 103(a) based
upon the teachings of Theisen.
The Examine rejected claim 12 under 35 U.S.C. § 103(a) based upon
the teachings of Theisen in view of Hemminger.

ISSUE
Appellants argue that Theisen does not teach a control circuit
configured to generate a hold signal for a “predefined period of time” upon
receiving the start signal (App. Br. 7). Appellants assert error in the
Examiner’s interpretation of the “predefined period” as a period that begins
upon a battery undervoltage condition and ends when battery voltage rises
above a threshold (App. Br. 7-8).
Appellants’ argument presents us with the following issue:
Appeal 2010-005570
Application 11/792,166
4
Does Theisen teach generating a hold signal for a predefined period of
time as claimed?

PRINCIPLES OF LAW
“A rejection for anticipation under section 102 requires that each and
every limitation of the claimed invention be disclosed in a single prior art
reference.” In re Buszard, 504 F.3d 1364, 1366 (Fed. Cir. 2007) (quoting In
re Paulsen, 30 F.3d 1475, 1478-79 (Fed. Cir. 1994)).

ANALYSIS
The Examiner finds that Theisen teaches a hold signal (the output of
AND gate 10 going logic high) that is generated for a predetermined period
of time (Ans. 7). The Examiner and Appellants agree that the length of time
that Theisen generates the hold signal is based on the duration of the battery
undervoltage (Ans. 7; App. Br. 7-8). The Examiner asserts that, because
Appellants’ Specification does not disclose how to calculate or determine
the particular predefined period of time for which Appellants’ hold signal is
generated, Theisen need not specify a particular duration in order for it to
anticipate Appellants’ invention (Ans. 8-9).
We do not agree with the Examiner’s characterization of the claim
term “predefined period of time.” The word “define” has the following
definitions:
1. To state or set forth the meaning of (a word, phrase,
etc.); 2. To explain or identify the nature or essential qualities
of; 3. To fix or lay down definitively; 4. to determine or fix the
boundaries or extent of.2

2 Dictionary.com, http://dictionary.reference.com/browse/define (Accessed
June 18, 2012).
Appeal 2010-005570
Application 11/792,166
5

“Pre” is a prefix meaning “before” or “in advance.”
We agree with Appellants that the period of a hold signal that is
asserted high upon the beginning of an undervoltage condition, and returns
to logic low upon the termination of the undervoltage condition, does not
meet the definition of “predefined.” Such a hold signal period is NOT
defined, i.e. fixed or laid down definitely, or its boundaries determined or
fixed, in advance or beforehand. The person having ordinary skill in the art
cannot state in advance either when the hold signal will be generated or for
what duration.
By contrast, the hold signal of Appellants’ invention is the output of a
monostable (“one-shot”) multivibrator (MM) (Spec. 9). The duration of the
pulse output from a MM is predefined, being of a specific duration chosen
by selecting resistor and/or capacitor values to achieve a specific RC time
constant. The Examiner’s argument that Appellants’ Specification does not
teach how to calculate or determine the duration of the hold signal is not
pertinent to the claimed invention because the ordinarily skilled artisan
simply selects the desired period of time TD for the hold signal.
We find that Theisen does not teach the generation of a hold signal for
a predetermined period of time, as recited in independent claims 7 and 13.
Thus, we find that the Examiner erred in rejecting claims 7, 10, 11, and 13
under § 102 as being anticipated by Theisen. We will not sustain the
rejection.
We have reviewed Hemminger and find that it does not remedy the
deficiency of Theisen. Thus, we will not sustain the § 103 rejection of
claims 8, 9, and 12 for the same reasons as given for independent claim 7.

Appeal 2010-005570
Application 11/792,166
6
CONCLUSION
Theisen does not teach generating a hold signal for a predefined
period of time.

DECISION
The Examiner’s decision rejecting claims 7-13 is reversed.

REVERSED

Pgc/peb