Ex Parte Harris et al

Patent Trials and Appeals Board

Mar 22, 2019

13589928 - (D) (P.T.A.B. Mar. 22, 2019)

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
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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
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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
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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