Ex Parte Sandhu et al

Patent Trial and Appeal Board

Jan 2, 2019

14189186 (P.T.A.B. Jan. 2, 2019)

UNITED STA TES p A TENT AND TRADEMARK OFFICE
APPLICATION NO. FILING DATE
14/189,186 02/25/2014
26096 7590 01/04/2019
CARLSON, GASKEY & OLDS, P.C.
400 WEST MAPLE ROAD
SUITE 350
BIRMINGHAM, MI 48009
UNITED ST A TES OF AMERICA
FIRST NAMED INVENTOR
Chain Sandhu
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.
67514-004PUS1 8795
EXAMINER
GUTMAN, HILARY L
ART UNIT PAPER NUMBER
3612
NOTIFICATION DATE DELIVERY MODE
01/04/2019 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):
ptodocket@cgolaw.com
cgolaw@yahoo.com
PTOL-90A (Rev. 04/07)
UNITED STATES PATENT AND TRADEMARK OFFICE
BEFORE THE PATENT TRIAL AND APPEAL BOARD
Ex parte CHAIN SANDHU, LEV LILOV, and
JEFFREY MICHAEL BISSON
Appeal2018-004345
Application 14/189, 186
Technology Center 3600
Before JEREMY M. PLENZLER, BRANDON J. WARNER, and
LISA M. GUIJT, Administrative Patent Judges.
PLENZLER, Administrative Patent Judge.
DECISION ON APPEAL
STATEMENT OF THE CASE
Appellant seeks our review under 35 U.S.C. § 134(a) of the
Examiner's Decision rejecting claims 1, 2, 4--9, 11-22, and 24--30. We have
jurisdiction under 35 U.S.C. § 6(b).
We AFFIRM-IN-PART.
Appeal2018-004345
Application 14/189, 186
CLAIMED SUBJECT MATTER
Claims 1, 15, and 18 are independent, with claims 1, 2, 4--9, 11-22,
and 24--30 ultimately depending from claim 1, 15, or 18. 1 Claims 1 and 18
are reproduced below:
1. An instrument panel, comprising:
a first group of modules;
a left section;
a right section, wherein the left and right sections each
include at least one module-receiving area configured to
interchangeably receive each of the modules in the first group of
modules, and wherein the instrument panel is symmetrical about
a centerline between the left and right sections; and
at least one vent in each of the left and right sections
operatively connected to a heating, ventilation, and air
conditioning system.
18. A method of assembling an instrument panel, comprising
the steps of:
positioning a first section of an instrument panel with
respect to an axis;
installing a second section of the instrument panel into the
first section of the instrument panel;
selecting at least one module from one of at least one
group of modules, wherein each of the modules in the at least one
group of modules is interchangeable with the other modules in
the at least one group of modules; and
1 The Claims Appendix appears to include numerous errors, listing, for
example, claim 10 as pending, claim 11 as cancelled, claim 23 as pending,
claim 24 as an apparatus depending from claim 1, and claim 25 as cancelled.
The most recent amendment submitted February 1, 2016, however, lists
claim 10 as cancelled, claim 11 as pending, claim 23 as cancelled, claim 24
as a method claim depending from claim 22, and claim 25 as pending.
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Application 14/189, 186
removably installing the at least one module into at least
one of the first and second sections of the instrument panel.
REJECTIONS 2
1. Claims 1, 2, 4, 7-9, 11-13, 15, 16, 18-22, and 24--30 are rejected
under 35 U.S.C. § 103 as being unpatentable over Yokoyama (5,857,726,
issued Jan. 12, 1999) and Shikata (US 2002/0017798 Al, published Feb. 14,
2002), Lindberg (US 6,073,987, issued June 13, 2000), Hess (WO 01/12458
Al, published Feb. 22, 2001), or Masuda, PCT Pub. No. WO 2008/139970,
PCT Pub. Nov. 20, 2008 (WO '970). Ans. 4.
2. Claims 1, 2, 4, 6-9, 11, 15, 16, 18-22, 24--27, 29, and 30 are
rejected under 35 U.S.C. § 103 as being unpatentable over Larsson (US
2002/0017410 Al, Feb. 14, 2002) and Hess. Ans. 5.
3. Claims 14 and 28 are rejected under 35 U.S.C. § 103 as being
unpatentable over Larsson and Official Notice taken by the Examiner.
Ans. 7.
4. Claim 12 is rejected under 35 U.S.C. § 103 as being unpatentable
over Larsson and Lindberg. Ans. 7.
5. Claims 5 and 17 are rejected under 35 U.S.C. § 103 as being
unpatentable over Yokoyama or Larsson and Rotary (US 6,709,041 Bl,
issued Mar. 23, 2004). Ans. 7.
OPINION
Yokoyama Rejections
Appellant argues claims 1, 2, 4, 7-9, 11, 12, 15, 16, and 24--30 as a
group. Appeal Br. 4--5. We select claim 1 as representative. Claims 2, 4,
2 Various rejections from the latest Non-Final Office Action have been
withdrawn. See Ans. 3.
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Application 14/189, 186
7-9, 11, 12, 15, 16, and 24--30 stand or fall with claim 1. See 37 C.F.R.
§ 4I.37(c)(l)(iv). Appellant argues claims 13 and 18 separately. 3 Appeal
Br. 5-6.
The Examiner finds that Yokoyama teaches a majority of the features
recited in claim 1, but "is silent on side vents." Non-Final Act. 5, 7. The
Examiner finds that a number of other references teach side vents, and
reasons that "[i]t would have been obvious ... to provide side vents ... for
the instrument panel structure of Yokoyama ... in order to provide
additional conditioned air to occupants within the vehicle at these additional
locations for added comfort." Id. at 7.
With respect to claim 1, Appellant disputes only the Examiner's
rationale for providing side vents in Yokoyama' s instrument panel. Appeal
Br. 4--5. Specifically, Appellant contends that the modification proposed by
the Examiner "is arbitrary and redundant" because "Yokoyama already
includes an air conditioning system with vents." Id. at 4 ( citing Yokoyama
4:5---6, 6: 19-22). Appellant contends that "the Examiner did not explain
why additional conditioned air would be beneficial for providing added
comfort, when Yokoyama already discloses an air condition system." Id. at
5.
With respect to the portions of Yokoyama cited by Appellant in the
Appeal Brief, Appellant explains that Yokoyama "describ[ es] air
conditioning unit 51 in the central portion 1 lb." Appeal Br. 4. That is,
Appellant acknowledges that this air conditioning unit is centrally located.
3 Claims 19-22 depend from claim 18. As noted above, it appears that the
Claims Appendix is incorrect and claim 24 is actually a method claim
depending from claim 18.
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Application 14/189, 186
The Examiner's position is that the addition of side vents would provide a
better distribution of air flow. We agree, and Appellant does not rebut the
Examiner's reasoning in any persuasive manner. Moreover, although not
numbered or discussed, Yokoyama actually appears to provide areas for
such vents on the left and right sides of its instrument panel. See, e.g.,
Yokoyama, Fig. 1 (un-numbered rectangular regions on left and right ends
of the instrument panel).
For the reasons set forth above, we are not apprised of Examiner error
in the rejection of claims 1, 2, 4, 7-9, 11, 12, 15, 16, and 24--30.
Claim 13 depends from claim 1 and further recites that "there is a gap
between at least one of the left and right sections and a module of the first
group of modules when the module is in an installed position." The
Examiner finds that "there is necessarily a clearance gap between at least
one of the first and second sections and the plurality of modules when the
plurality of modules are in an installed position." Non-Final Act. 6.
Appellant responds that "the rejection is deficient because to establish
inherency, the extrinsic evidence 'must make clear that the missing
descriptive matter is necessarily present in the thing described in the
reference, and that it would be so recognized by persons of ordinary skill."'
Appeal Br. 5 ( citing MPEP § 2112(IV)). The Examiner points to column 5,
line 49 through column 6, line 67 of Yokoyama, and explains that "modules
20 and 30 of Yokoyama are provided with at least a gap 12 between the
modules 20 and 30 and a section 12a of the instrument panel." Ans. 8-9.
Appellant is correct with respect to claim 13. The Examiner has
failed to establish sufficiently that the recited gap is necessarily present in
Yokoyama. The citations in the Answer, noted above, do not cure this
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Application 14/189, 186
deficiency because we have no reason to believe the recited "gap" is
necessarily present based on those cited portions, and the Examiner provides
no persuasive reason for us to determine otherwise.
Accordingly, we do not sustain the Examiner's decision to reject
claim 13.
Claim 18 is a method of assembly. 4 The Examiner identifies the
structure of Yokoyama' s instrument panel and finds that Yokoyama
"necessarily disclose[s] the claimed method of assembling an instrument
panel" because the structure of its instrument panel necessarily must be
assembled in the recited manner. Non-Final Act. 6; see also Ans. 9 (noting
burden shifting framework). Appellant does not provide any meaningful
argument rebutting the Examiner's findings. Rather, Appellant simply states
that "even if Yokoyama may disclose mounting the modules in recesses, this
is not a disclosure of the claimed steps of positioning, installing, selecting,
and removably installing." Appeal Br. 6. Appellant, however, provides no
reason why even one of those steps is not necessarily present based on the
structure of Yokoyama. Appellant does not provide separate meaningful
argument for dependent claims 19-22.
Because Appellant effectively provides no argument, we are not
apprised of Examiner error in the rejection of claims 18-22, or the rejection
of claim 24, to the extent that claim properly depends from claim 18, as
listed in the February 1, 2016 amendment.
Claim 5 ultimately depends from claim 1, and claim 17 depends from
claim 15. Appellant does not provide separate argument addressing the
4 Claim 18 is a method of assembling structure similar to that in claim 1, but
does not include the "vents" recited in claim 1.
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additional rejection of claim 5 or claim 17. Accordingly, we are not
apprised of error in the rejection of those claims.
Larsson Rejections
Appellant argues claims 1, 2, 4, 6-9, 11, 15, 16, 24--27, 29, and 30 as
a group. Appeal Br. 7. We select claim 1 as representative. Claims 2, 4, 6-
9, 11, 15, 16, 24--27, 29, and 30 stand or fall with claim 1. Appellant argues
claim 18 separately. 5 Appeal Br. 8.
The Examiner finds that Larsson teaches the majority of features
recited in claim 1. Non-Final Act. 9. For example, the Examiner finds that
Larson teaches "a first group of modules." Id. (noting modules 2, 3); see
also Ans. 9. Larsson explains that "[e]ach of the mounting stations 6, 7 can
receive a module 2 designed for the driver, e.g., driver module 2, and a
module 3 designed for the passenger, e.g., passenger module 3." Larsson
,T 14.
Appellant acknowledges the disclosure from Larsson noted above, but
contends that "[a] single module cannot constitute the claimed group of
modules." Appeal Br. 7. The Examiner responds that "module 2 and
module 3 constitutes a 'group' of modules." Ans. 9. Appellant does not
explain, in its Reply Brief, any reason why "driver module 2" and
"passenger module 3" do not constitute a "group" of modules as recited in
the claim. Contrary to Appellant's allegation, a passenger module and a
5 Claims 19-22 depend from claim 18. As noted above, it appears that the
Claims Appendix is incorrect and claim 24 is actually a method claim
depending from claim 18.
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driver module are more than a single module (i.e., they can form a group of
modules).
For at least this reason, we are not apprised of error in the Examiner's
rejection of claim 1, and claims 2, 4, 6-9, 11, 15, 16, 24--27, 29, and 30 fall
therewith.
With respect to claim 18, the Examiner again determines that the
method of assembly is inherent based on Larsson's structure. Non-Final
Act. 10; Ans. 10-11. Other than repeating the unpersuasive general
allegations advanced with respect to the Yokoyama rejection, Appellant
contends that "there is nothing in Larsson which suggests it would be
necessary to perform the claimed step of 'installing a second section of the
instrument panel into the first section of the instrument panel.'" Appeal Br.
8. The Examiner responds, in detail, explaining why that step is necessarily
present in Larsson. See Ans. 10. Appellant does not dispute that
explanation, and responds, instead, by reasserting the unpersuasive
contentions set for with respect to the Yokoyama rejection. See Reply Br. 3.
For at least these reasons, we are not apprised of Examiner error in the
rejection of claims 18-22, or claim 24, to the extent that claim properly
depends from claim 18, as listed in the February 1, 2016 amendment.
Appellant does not provide separate argument for the additional
rejections of claims 5, 12, 14, 17, and 28 based on Larsson. Accordingly,
we are not apprised of error in the rejections of those claims.
DECISION
We AFFIRM the Examiner's decision to reject claims 1, 2, 4--9, 11,
12, 14--22, and 24--30.
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We REVERSE the Examiner's decision to reject claim 13.
No time period for taking any subsequent action in connection with
this appeal may be extended under 37 C.F.R. § 1.136(a)(l )(iv).
AFFIRMED-IN-PART
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