Ex Parte Harris et alDownload PDFPatent Trials and Appeals BoardMar 22, 201913589928 - (D) (P.T.A.B. Mar. 22, 2019) Copy Citation UNITED STA TES p A TENT AND TRADEMARK OFFICE APPLICATION NO. FILING DATE 13/589,928 08/20/2012 27820 7590 03/26/2019 WITHROW & TERRANOVA, P.L.L.C. 106 Pinedale Springs Way Cary, NC 27511 FIRST NAMED INVENTOR Michael J. Harris 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. 1194-126 9098 EXAMINER CHO, JAMES HYONCHOL ART UNIT PAPER NUMBER 2844 NOTIFICATION DATE DELIVERY MODE 03/26/2019 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@wt-ip.com PTOL-90A (Rev. 04/07) UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE PATENT TRIAL AND APPEAL BOARD Ex parte MICHAEL J. HARRIS and PAUL PICKARD Appeal2018-005092 Application 13/589,928 Technology Center 2800 Before LINDA M. GAUDETTE, DEBRA L. DENNETT, and MERRELL C. CASHION, JR., Administrative Patent Judges. GAUDETTE, Administrative Patent Judge. DECISION ON APPEAL 1 The Appellants2 appeal under 35 U.S.C. § 134(a) from the Examiner's decision finally rejecting claims 1, 4, 5, 8, 11, 14--17, and 29 under 35 U.S.C. § 102(e) and claims 6, 7, 10, and 12 under 35 U.S.C. § 103(a) over Bora (US 2013/0063042 Al, pub. Mar. 14, 2013). We have jurisdiction under 35 U.S.C. § 6(b ). 1 This Decision includes citations to the following documents: Specification filed Aug. 20, 2012, as amended ("Spec."); Final Office Action dated Dec. 2, 2016 ("Final"); Appeal Brief filed Sept. 7, 2017 ("Appeal Br."); Examiner's Answer dated Feb. 22, 2018 ("Ans."); and Reply Brief filed April 17, 2018 ("Reply Br."). 2 The Appellants identify Cree, Inc. as the real party in interest. Appeal Br. 1. Appeal2018-005092 Application 13/589,928 We REVERSE. The invention relates to modular lighting control systems. The Specification discloses that a goal of the invention is to provide "a flexible lighting architecture that can be effectively and efficiently controlled by different lighting control systems and support a varying array of control features." Spec. ,r 6. According to the Specification, this goal is achieved by means of a modular lighting system that includes "a driver module, an array of LEDs that are driven by the driver module, and a control module." Id. ,r 7. A driver module in accordance with an embodiment of the invention is shown in Figure 9, reproduced below. See id. ,r 66. r---------------- 1 AC I IN I I I .4()'\ RECTIFIER AND PFC CIRCUITR'{ PwR PORT .1L .......... LetLB ,~J'Pl POR-T-- ICOMM. BUS ~l ""·- _, BUS COMM. 36 Dll\,IMiNG SIGNAL DRIVER MODUL.E 30 CON\lERS!ON CIRCUITRY 68 CURRENT CONTROL CIRCUITRY 7[1 ________________ l FIG, 9 r ~ ~ ~LEDARRM'-2G - ~ - ~ - S1 S2 S3 42ssx • • •• • • t42ssx: ij4Zasx • • • 42BSX 42ssx Figure 9 is a schematic of a driver module and an LED array according to one embodiment of the invention. Spec. ,r 20. In the embodiment depicted in Figure 9, "driver module 30 ... generally includes 2 Appeal2018-005092 Application 13/589,928 rectifier and power factor correction (PFC) circuitry 66, conversion circuitry 68, and current control circuitry 70." Id. ,r 66. "[D]river module 30 is configured to drive the LEDs of the LED array 20 based on the control information provided by ... control module 32," shown, e.g., in Figure 10. Id. ,r 45. "[C]ommunication bus 38 allows the control module 32 to receive information from the driver module 30 as well as control the driver module 30." Id. ,r 44. "Notably, the driver module and the control module communicate with each other through a first communication protocol, such that either of the driver module or the control module can be replaced without replacing the other of the driver module or control module." Id. "[C]ontrol module 32 may be configured to control different types of driver modules 30. Once a control module 32 is coupled to a driver module 30, the control module 32 identifies the type of driver module 30 and will control the driver module 30 accordingly." Id. ,r 50. "In certain embodiments, the driver module 30 includes sufficient electronics to process an alternating current (AC) input signal (AC IN) and provide an appropriate rectified or direct current (DC) signal sufficient to power the control module 32 .... " Id. ,r 53. "As such, the control module 32 does not require separate AC-to-DC conversion circuitry to power the electronics residing therein, and can simply receive DC power from the driver module 30 over the power bus 40, which may be separate from [ or integrated with] the communication bus 38." Id. The Specification also discloses an embodiment wherein the 3 Appeal2018-005092 Application 13/589,928 electronics for converting the AC input signal to a rectified or DC state is removed from the driver module and provided in a separate module. Id. ,r 75. Claim 1, the sole independent claim on appeal, is reproduced below: 1. A lighting fixture comprising: o an array of LEDs; o a control module; and o a driver module associated with the control module, the driver module comprising: • a communication port and a power port; • control circuitry that facilitates communications with the control module via a communication bus coupled to the communication port and drives the array of LEDs, at least in part, in response to a command received from the control module via the communication port; and • rectifying circuitry and conversion circuitry adapted to convert an AC input signal into at least one DC power signal that is used to supply power to the control circuitry within the driver module, the control module via the power port, and the array of LEDs wherein power is not provided by the control module to the driver module or the array of LEDs. Appeal Br. 12 ( emphases added). Figure 1 of Bora is reproduced below: 4 Appeal2018-005092 Application 13/589,928 1~·--~·--1-- -,......-... . I . ---11 ;ltN I • .AC/tl[ j i ,.---.,. {U;'llversz:J D(/OC l·.-·,:'.)n~ . .-; ..... _ ~A_. ~ • ·~o~v£·.-t12·~1· s) ( ... ,.,,., 11 .... ·-. ., . . ..._ _ 1 t 11 I II t 1(12 11 -I 11 jl ·I !1 .A FIG.1 ~11..-_,,;i"--.&...-......;i,.J lfl) (\,m~nt t'(i-t·f~rol Cittult fl~;,I Tim~ ~Vin!!~""' Utit.:k (1<;1(:) Tr,msceivN Urc.uit (\tell tt t u2:A;;;····....-- 110 :t:14---- ,~nt~:::1~1~:: J 120 Bora Figure 1 is a block diagram of a lighting device. Bora ,r 79. Lighting device 140 includes connector 100 for conducting electrical current to AC/DC converter 102. Id. ,r 83. DC/DC converter 104 is electrically connected between AC/DC converter 102 and controller/processor 106, and is electrically connected to light emitting diode (LED) current control circuit 120. Id. ,r 79. Two or more LEDs 122 are electrically connected to LED current control circuit 120. Id. Controller/processor 106 is communicably coupled to LED control circuit 120, hard reset circuit 116, and ambient light sensor circuit 118. Id. ,r,r 79, 81. The Examiner found the claimed "driver module" reads on Born's AC/DC converter 102, DC/DC converter 104, hard reset circuit 116, ambient light sensor circuit 118, and LED control circuit 120. Final 2. The Examiner found the driver module's "control circuitry" reads on circuits 116, 118, and 5 Appeal2018-005092 Application 13/589,928 120, and that these circuits facilitate communications between Born's driver module and control module 106 via a communication bus. Id. at 3. The Examiner found the communication bus reads on the connecting medium indicated with lines and arrows between control module 106 and circuits 116, 118, and 120. Id. The Examiner found the driver module's "rectifying circuitry and conversion circuitry" read on Born's AC/DC converter 102 and DC/DC converter 104 that supply power to LED control circuit 120. Id. The Appellants argue a communication bus, as recited in the claims, refers to a single path over which components communicate. Appeal Br. 7. The Appellants argue each of hard reset circuit 116, ambient light sensor circuit 118, and LED current control circuit 120 communicates with controller/processor 106 over a separate, distinct path, i.e., there are multiple paths, rather than a single path, over which components communicate. Id. at 7. The Appellants thus contend the Examiner reversibly erred in finding Bora discloses a driver module comprising control circuitry that facilitates communications with a controller/processor 106 via a communication bus. The Examiner contends the broadest reasonable interpretation of the term "communication bus" does not require communication among components over a single path. Ans. 3. With reference to Specification paragraph 44, and "a dictionary meaning of a bus in a computer," the Examiner interprets a "bus" as an electrical conductor that makes a connection between circuits. Id. at 4--5. As indicated above, the invention as described and claimed is directed to a modular arrangement that includes at least a control module and a driver module. The term "module," as used in the Specification, refers to an arrangement of components that are grouped together so as to facilitate 6 Appeal2018-005092 Application 13/589,928 removal and replacement of individual modules without the need to remove or replace other modules. See, e.g., Spec. ,r,r 31, 50. Bora discloses that each of LED control circuit 120, hard reset circuit 116, and ambient light sensor circuit 118 is individually, communicably coupled to controller/processor 106. See Bora ,r,r 79, 81. Bora discloses that the components of lighting device 140 may be modularized. Id. ,r 82. Bora discloses, for example, that main circuit board 134 may include DC/DC power converter 104, controller/processor 106, and LED current control circuit 120; sensor board 130 may include hard reset circuit 116 and ambient light sensor circuit 118; and LED board 13 6 may include two or more LEDs 122 and additional LED related circuitry. Id.; see also Bora Figure 1. We agree with the Appellants, however, that Bora does not describe a module comprising the components of the driver module as claimed. See Appeal Br. 7. The Examiner's rejection is based on the Examiner's arbitrary rearrangement of Born's AC/DC converter 102, DC/DC converter 104, hard reset circuit 116, ambient light sensor circuit 118, and LED control circuit 120 to form a driver module. See Appeal Br. 7; Final 9 (Examiner's redrawn Bora Figure 1 ). Therefore, we agree with Appellants that Bora fails to disclose a driver module comprising control circuitry and rectifying and conversion circuitry, the control circuitry facilitating communications between the driver module and the control module via a communication bus coupled to the communication port of the driver module as required by claim 1. In sum, the Appellants have argued persuasively that Bora fails to disclose a lighting system comprising all claim 1 limitations arranged in the same way as recited in the claim. See In re Gleave, 560 F.3d 1331, 1334 (Fed. Cir. 2009). Accordingly, we do not sustain the rejection of claim 1 and 7 Appeal2018-005092 Application 13/589,928 its dependent claims 4, 5, 8, 11, 14--17, and 29 under 35 U.S.C. § 102(e). Nor do we sustain the rejection of dependent claims 6, 7, 10, and 12 under 35 U.S.C. § 103(a) over Bora, as this rejection is based on the same unsupported findings relied on by the Examiner in rejecting independent claim 1. See Final 7-8. As an additional matter, we note that the language of claim 4 appears to be identical to the recitation in lines 7-9 of claim 1, as reproduced above. 35 U.S.C. § 112, fourth paragraph, provides that "a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed." REVERSED 8 Copy with citationCopy as parenthetical citation