Ex Parte Sommovigo et al

Patent Trial and Appeal Board

Feb 19, 2014

12325111 (P.T.A.B. Feb. 19, 2014)

UNITED STATES PATENT AND TRADEMARKOFFICE
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.
12/325,111 11/28/2008 Christopher Sommovigo 6117.102CIP 1889
60717 7590 02/19/2014
LAWRENCE R. OREMLAND, P.C.
5055 E. BROADWAY BLVD.
SUITE C-214
TUCSON, AZ 85711
EXAMINER
TA, THO DAC
ART UNIT PAPER NUMBER
2833
MAIL DATE DELIVERY MODE
02/19/2014 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 CHRISTOPHER SOMMOVIGO and
STUART L. MARCUS
____________

Appeal 2011-011558
Application 12/325,111
Technology Center 2800
____________

Before EDWARD C. KIMLIN, TERRY J. OWENS, and
ROMULO H. DELMENDO, Administrative Patent Judges.

KIMLIN, Administrative Patent Judge.

DECISION ON APPEAL

This is an appeal from the final rejection of claims 1-5. We have
jurisdiction under 35 U.S.C. § 6(b). Claim 1 is illustrative:
1. Electrical connector structure comprising:
(a) a pair of connector members that are configured to be coupled
together, to produce an electrical connection;
(b) the pair of connector members configured such that a portion of
one connector member is located inside a portion of the other connector
member when the pair of connector members are coupled together,
(c) one connector member having one or more contact ridges
configured to make electrical contact with a substantially smooth contact
surface portion at an opening of the other connector when the pair of
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Application 12/325,111

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connector members are coupled together, the pair of connector members
further configured such that contact between the pair of connector members
occurs substantially at the opening, and the remaining portions of the
connector members are substantially spaced from each other, so that contact
between the pair of connector members is provided substantially at the
opening between the contact ridges and the substantially smooth surface, and
the remaining portions of the connector members are substantially spaced
from each other.

The Examiner relies upon the following references as evidence of
obviousness:
Oshima et al. (Oshima) U.S. 3,281,760 Oct. 25, 1966
Jacobsson U.S. 6,186,841 B1 Feb. 13, 2001

Appellants' claimed invention is directed to an electrical connector
comprising male and female members wherein the male member has one or
more contact ridges configured to make electrical contact with a smooth
contact surface of the female member. The male and female members are
configured such that contact between them occurs substantially only at the
opening of the female member and the remaining portions of the members
are substantially spaced from each other.
Appealed claims 1-5 stand rejected under 35 U.S.C. §103(a) as being
unpatentable over Jacobsson in view of Oshima.
We have thoroughly reviewed each of Appellants' arguments for
patentability. However, we are in complete agreement with the Examiner
that the claimed subject matter would have been obvious to one of ordinary
skill in the art within the meaning of § 103 in view of the applied prior art.
Accordingly, we will sustain the Examiner's rejection for essentially those
Appeal 2011-011558
Application 12/325,111

3
reasons expressed in the Answer, and we add the following primarily for
emphasis.
Appellants do not separately argue any particular claim on appeal.
Accordingly, all the appealed claims stand or fall together with claim 1.
There is no dispute that Jacobsson, like Appellants, discloses an
electrical connector wherein contact is made only at the opening of the
female member such that the remaining portions of the members are
substantially spaced from each other. As acknowledged by the Examiner,
the male member of Jacobsson does not comprise contact ridges. However,
Oshima evidences that it was known in the art to employ contact ridges on
the male member of an electrical connector, which ridges provide electrical
contact with the female member at the opening. Accordingly, we are in
complete agreement with the Examiner that it would have been obvious for
one of ordinary skill in the art to modify the male member of Jacobsson by
providing contact ridges which provide contact only at the opening of the
female member.
We are not persuaded by Appellants' argument that Oshima teaches
away from providing contact only at the opening of the female member. It is
Jacobsson that teaches such limited contact and Oshima discloses that it was
known in the art to have limited contact between the male and female
members of an electrical connector at the location of a kerf. Accordingly,
we are satisfied that one of ordinary skill in the art would have found it
obvious to select either alternative of having contact only at the opening or
throughout the length of the male member. We note that Appellants' ridged
member, like Oshima's, has the ridges extending along the length of the
Appeal 2011-011558
Application 12/325,111

4
member. Also, Appellants have proffered no objective evidence which
establishes unexpected results attached to an electrical connector comprising
a ridged male member contacting only the opening of the female member.
In the absence of such evidence, the prima facie case of obviousness
established by the Examiner stands unrebutted.
In conclusion, based on the foregoing and the reasons well stated by
the Examiner, the Examiner’s decision rejecting the appealed claims is
affirmed.
The decision of the Examiner is affirmed.
No time period for taking any subsequent action in connection with
this appeal may be extended under 37 C.F.R. § 1.136(a)(1)(iv).
AFFIRMED

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