Ex Parte Straub et al

Patent Trial and Appeal Board

Sep 8, 2017

13904211 (P.T.A.B. Sep. 8, 2017)

UNITED STATES PATENT AND TRADEMARK OFFICE
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.
13/904,211 05/29/2013 Christian STRAUB 885_297 4334
25191 7590 09/08/2017
BURR & BROWN, PLLC
PO BOX 7068
SYRACUSE, NY 13261-7068
EXAMINER
BOUZIANE, SAID
ART UNIT PAPER NUMBER
2837
MAIL DATE DELIVERY MODE
09/08/2017 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 CHRISTIAN STRAUB and ROGER HUGLI
________________

Appeal 2016-008496
Application 13/904,211
Technology Center 2800
________________

Before TERRY J. OWENS, BEVERLY A. FRANKLIN, and
CHRISTOPHER L. OGDEN, Administrative Patent Judges.

OWENS, Administrative Patent Judge.

DECISION ON APPEAL

STATEMENT OF THE CASE
The Appellants appeal under 35 U.S.C. § 134(a) from the Examiner’s
rejection of claims 1, 3–7, and 9–18. We have jurisdiction under
35 U.S.C. § 6(b).
The Invention
The Appellants claim an electrical switch and a method for electrical
switch communication. Claim 1 is illustrative:
1. An electrical switch for an electrical appliance having an
electric motor, the switch comprising a switch housing having
two electrical supply connections, each directly connected to
the supply voltage, two electrical motor connections, each
directly connected to the electric motor for the supply of
voltage to the electric motor, a switch contact system and a
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Application 13/904,211

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control electronics unit for executing control processes in the
electrical appliance, wherein an entirety of the switch contact
system and the control electronics unit is arranged and
contained in the switch housing, with the control electronics
unit being operated by means of a piece of software, the switch
further comprising an interface for a data line for
communication between the control electronics unit and an
external device, wherein one of the two electrical motor
connections is used as the interface for the data line, and
wherein an internal data line is positioned between and
electrically connects the one of the two electrical motor
connections and the control electronics unit in the switch
housing.
The References
Crowell US 2005/0011655 A1 Jan. 20, 2005
Straub US 2009/0200961 A1 Aug. 13, 2009
Malackowski US 2010/0061181 A1 Mar. 11, 2010
The Rejection
Claims 1, 3–7 and 9–18 stand rejected under 35 U.S.C. § 103 over
Malackowski in view of Straub and Crowell.
OPINION
We reverse the rejection. We need address only the independent
claims (1 and 7). Those claims require an electrical switch comprising a
switch housing, a switch contact system and a control electronics unit,
“wherein an entirety of the switch contact system and the control electronics
unit is arranged and contained in the switch housing”.
Malackowski discloses trigger switches (46, 47) mounted in a trigger
switch housing (33) such that each trigger switch (46, 47)’s barrel (50) is
aligned with a hermitically sealed control module (40) (¶¶ 71, 73, 75;
Figs. 1, 2A). Each trigger switch (46, 47) has a magnet (56, 58,
respectively) attached thereto such that depressing the trigger switch (46, 47)
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Application 13/904,211

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causes the associated magnet to move closer to the control module (40)
without either the trigger switch (46, 47) or the magnet (56, 58) contacting
the control module (40) (¶¶ 79, 81).
Straub discloses a switch (5) comprising a switch housing (13) having
therein a switch contact system (7) and a control electronics system (9)
(¶ 20; Fig.).
The Examiner finds (Final Act. 3):
Malackowski does not disclose a switch contact system
which is contained with the controller in the switch housing.
However, Straub Fig. 1 shows a switch contact system (7)
which is contained with the controller [9] in the switch
housing (5) [sic, (13)].
Hence, it would have been obvious to one with ordinary
skill in the art at the time of the invention, to modify the
invention of Malackowski with the teaching [of] Straub to
implement a switch contact system contained with the
controller in the switch housing for the purpose of space
compactness[.]

Establishing a prima facie case of obviousness requires an apparent
reason to modify the prior art as proposed by the Examiner. See KSR Int’l
Co. v. Teleflex Inc., 550 U.S. 398, 418 (2007).
The Examiner does not establish that in view of Malackowski’s
disclosure that depressing each trigger switch (46, 47) causes its associated
magnet (56, 58) to move closer to the hermitically sealed control
module (40) without either the trigger switch (46, 47) or the magnet (56, 58)
contacting the control module (40) (¶¶ 79, 81), Straub would have provided
one of ordinary skill in the art with an apparent reason to place the entirety
of a switch contact system in Malackowski’s control module (40) (which the
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Application 13/904,211

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Examiner relies upon as corresponding to the Appellants’ switch housing
(Final Act. 2; Ans. 4)).
Thus, the Examiner has not established a prima facie case of
obviousness of the Appellants’ claimed electrical switch or method for
electrical switch communication.
DECISION/ORDER
The rejection of claims 1, 3–7, and 9–18 under 35 U.S.C. § 103 over
Malackowski in view of Straub and Crowell is reversed.
It is ordered that the Examiner’s decision is reversed.

REVERSED