Ex Parte Steffan et alDownload PDFPatent Trial and Appeal BoardJul 29, 201612199346 (P.T.A.B. Jul. 29, 2016) Copy Citation UNITED STA TES p A TENT AND TRADEMARK OFFICE APPLICATION NO. FILING DATE FIRST NAMED INVENTOR 12/199,346 08/27/2008 6449 7590 08/02/2016 ROTHWELL, FIGG, ERNST & MANBECK, P,C 607 14th Street, N.W. SUITE 800 WASHINGTON, DC 20005 Thomas Steffan 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. 1994-320 5784 EXAMINER MITCHELL, JOEL F ART UNIT PAPER NUMBER 3671 NOTIFICATION DATE DELIVERY MODE 08/02/2016 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): PTO-PAT-Email@rfem.com PTOL-90A (Rev. 04/07) UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE PATENT TRIAL AND APPEAL BOARD Ex parte THOMAS STEFF AN and DAVID SMITH Appeal2014-002759 Application 12/199,346 Technology Center 3600 Before CHARLES N. GREENHUT, JILL D. HILL, and ERIC C. JESCHKE, Administrative Patent Judges. HILL, Administrative Patent Judge. DECISION ON APPEAL STATEMENT OF THE CASE Thomas Steffan and David Smith ("Appellants") appeal under 35 U.S.C. § 134(a) from the Examiner's decision to reject claims 1---6. We have jurisdiction under 35 U.S.C. § 6(b ). We REVERSE. Appeal2014-002759 Application 12/199,346 CLAIMED SUBJECT MATTER Each of pending claims 1-6 are independent. Claim 1, reproduced below, illustrates the subject matter on appeal, with the key disputed limitation italicized. A weighted bracket adjusted to be rotatably connected to a hydraulic cylinder at first and second connection points, said weighted bracket comprising: a bracket body having said first and second connection points; a curved restrictor portion coupled to an end portion of said bracket body and configured to restrict the retraction of a hydraulic cylinder connected to the bracket body; and a weighted portion coupled with an end portion of said bracket body such as to cause the weighted bracket to rotate about said first and second connection points with the direction of gravity, wherein said weighted portion is positioned at the end portion of the bracket body opposite said curved restrictor portion and said first and second connection points are positioned between said curved restrictor portion and said weighted portion. Appeal Br. 22 (Claims App.) (emphasis added). REJECTIONS I. Claims 1-3 and 6 stand rejected under 35 U.S.C. § 102(b) as anticipated by Strand (US 4,529,215; iss. July 16, 1985). Final Act. 2. II. Claims 4 and 5 stand rejected under 35 U.S.C. § 103(a) as unpatentable over Strand and Stevens (US 4,97 4,684; iss. Dec. 4, 1990). Final Act. 5. 2 Appeal2014-002759 Application 12/199,346 ANALYSIS Claims 1--4 essentially recite a weighted portion positioned at an end portion of a weighted bracket, opposite a curved restrictor portion, and hydraulic cylinder connection points being positioned between the curved restrictor portion and the weighted portion. Claim 6 similarly recites a "means for weighting" being "positioned at an end portion of the weighted bracket opposite the restrictor portion means and the first and second connection means [being] positioned between said means for weighting and restrictor portion means." Claim 5 recites, instead, "means for keeping the means for extending and retracting the folding wing lift wheel from fully retracting while the folding wing is moving from a working position to a transport position or from a transport position to a working position." Appellants put forth a construction for the "means for keeping" that includes the structural limitations of claims 1--4 above, i.e., a weighted portion positioned at an end portion of a weighted bracket, opposite a curved restrictor portion, and hydraulic cylinder connection points being positioned between the curved restrictor portion and the weighted portion. Appeal Br. 19. The Examiner does not refute this construction. Ans. 15-16. The Examiner finds that Strand discloses, inter alia, a weighted portion 61 positioned at an end portion of a weighted bracket 51, opposite a curved restrictor portion 54, and hydraulic cylinder connection points 53 being positioned between the curved restrictor portion 54 and the weighted portion 61. Final Act. 2-3 (discussing Figs. 1, 2). Appellants argue that this finding is in error because Strand's connection points 53 are positioned at an end of the body 52 that is opposite 3 Appeal2014-002759 Application 12/199,346 the body end accommodating both the weighted portion 61 and the curved restrictor 54, and therefore the connection points 53 cannot be positioned between the curved restrictor portion 54 and the weighted portion 61. Appeal Br. 13-14. Appellants have the better argument. We see no way to reasonably interpret the claim language such that Strand's connection points 53 are considered to be positioned between the curved restrictor portion 54 and the weighted portion 61. Regarding claims 4 and 5, the Examiner does not find that Stevens cures this deficiency. We therefore do not sustain Rejection I or Rejection II. DECISION We REVERSE the Examiner's rejection of claims 1-3 and 6 under 35 U.S.C. § 102(b) as anticipated by Strand. We REVERSE the Examiner's rejection of claims 4 and 5 under 35 U.S.C. § 103(a) as unpatentable over Strand and Stevens. REVERSED 4 Copy with citationCopy as parenthetical citation