Ex Parte Welch et al

Patent Trial and Appeal Board

Mar 23, 2016

13251547 (P.T.A.B. Mar. 23, 2016)

UNITED STA TES p A TENT AND TRADEMARK OFFICE
APPLICATION NO. FILING DATE
13/251,547 10/03/2011
27268 7590 04/15/2016
Faegre Baker Daniels LLP
300 NORTH MERIDIAN STREET
SUITE 2700
INDIANAPOLIS, IN 46204
FIRST NAMED INVENTOR
Bryan Thomas Welch
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.
MOD-P090-0l 8412
EXAMINER
IHEZIE, JOSHUA K
ART UNIT PAPER NUMBER
3633
NOTIFICATION DATE DELIVERY MODE
04/15/2016 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):
inteas@faegrebd.com
PTOL-90A (Rev. 04/07)
UNITED STATES PATENT AND TRADEMARK OFFICE
BEFORE THE PATENT TRIAL AND APPEAL BOARD
Ex parte BRYAN THOMAS WELCH and
ROBERT KEVIN SCHUYLER
Appeal2014-002916
Application 13/251,547
Technology Center 3600
Before LYNNE H. BROWNE, ANNETTE R. REIMERS, and
GORDON D. KINDER, Administrative Patent Judges.
BROWNE, Administrative Patent Judge.
DECISION ON APPEAL
STATEMENT OF THE CASE
Bryan Thomas Welch and Robert Kevin Schuyler (Appellants) appeal
under 35 U.S.C. § 134 from the Examiner's decision rejecting claims 1-23.
We have jurisdiction under 35 U.S.C. § 6(b).
We REVERSE.
Appeal2014-002916
Application 13/251,547
CLAIMED SUBJECT MATTER
The claims are directed to a movable wall panel system with electrical
connections. Claim 1, reproduced below, is illustrative of the claimed
subject matter:
1. A movable wall panel system comprising a plurality of
movable wall panels, each of the plurality of panels including
first and second spaced apart ends and opposing sides,
the panels being movable between a folded storage
position and an extended use position in which the panels are
substantially coplanar,
each of the plurality of panels having a first electrical
connector located adjacent the first end and a second electrical
connector located adjacent the second end,
the first and second electrical connectors of each panel
being electrically coupled together by an electrical wire
extending through the panel to conduct electricity between the
first and second electrical connectors of each panel,
the first electrical connector of one panel being
automatically coupled to the second electrical connector of an
adjacent panel as the panels are moved from the folded storage
position to the extended use position to electrically couple the
adjacent panels together automatically,
at least one of the plurality of panels also having an
electrical receptacle coupled to its associated first and second
electrical connectors to provide an electrical power outlet on the
at least one panel.
REFERENCES
The prior art relied upon by the Examiner in rejecting the claims on
appeal is:
Nienhuis
Goldsmith
Gallant
US 5,562,469 Oct. 8, 1996
US 6,698,491 B2 Mar. 2, 2004
US 2009/0241438 Al Oct. 1, 2009
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Appeal2014-002916
Application 13/251,547
REJECTIONS
I. Claims 1-17 and 21-23 stand rejected under 35 U.S.C. § 103(a) as
being unpatentable over Nienhuis and Goldsmith.
II. Claim 18-20 stands rejected under 35 U.S.C. § 103(a) as being
unpatentable over Nienhuis, Goldsmith, and Gallant.
DISCUSSION
Rejection I
The Examiner finds that the combined teachings of Nienhuis and
Goldsmith disclose or suggest each and every limitation of independent
claims 1 and 23. See Final Act. 2-3. In particular, the Examiner finds that
Nienhuis discloses "the first electrical connector of one panel being
automatically coupled to the second electrical connector of an adjacent panel
when aligned." Id. at 2 (citing Nienhuis 7:15-19).
Appellants argue that "Nienhuis does not disclose or suggest that
adjacent connector ports 88 are automatically coupled together as the panels
12 and 14 move relative to each other." Appeal Br. 7.
Responding to this argument, the Examiner determines that Nienhuis'
connections are "considered to be as 'automatic' as the appellant's electrical
connection, i.e. panels are pushed together to electrically connect one panel
to an adjacent panel." Ans. 9. However, the Examiner does not indicate
where Nienhuis discloses connectors that "will connect to each other
automatically when the panels are pushed together and aligned
longitudinally." Id. at 10.
As shown most clearly in Figure 4, the instant invention includes
female connectors 52 and male connectors 54 which are supported on the
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Appeal2014-002916
Application 13/251,547
panels in such a way that as the panels are moved from a the storage position
to the extended position the connectors 52 and 54 engage to electrically
couple the panels together. See e.g., Spec. i-f 27. We understand this
connection to be "automatic" because no user intervention is required to
make the electrical connection.
Nienhuis describes panels which can be electrically coupled together
stating:
Electrical connection between adjacent wall panel units
can be accomplished in different ways. Referring to FIG. 5, there
is depicted a longitudinal connection between two wall panels
units 94 and 96. The harness 82 extends through the access way
97 in the wall panel unit 92 to the end thereof. The flexible
harness section 90 is depicted bending to circumvent a wall panel
frame. The harness end connector port 88 connects to an
adjacent harness end connector port 98. Direct coupling of two
adjacent harness end connector ports may be made when the wall
panel units are aligned longitudinally. The latching arms 93 of
the harness end connector port 88 engage a notch (not shown) in
the adjacent harness end connector port 98.
Nienhuis 7:7-19 (emphasis omitted). Nienhuis does not explain how the
connectors are coupled together. Moreover, Nienhuis' connectors are
attached to a flexible harness, thus, there is no indication that Nienhuis'
connectors are supported in a fashion such that the connectors will
automatically connect when the panels are aligned. We further note that
Nienhuis' panels are designed for use both with and without a skeletal
member 146. See id. 11:36-40. Thus, in Nienhuis' system, the distance
between the panels and their respective connectors is not fixed. Without a
fixed spacing between the connectors, automatic coupling is not possible.
Accordingly, the Examiner's finding that Nienhuis discloses connectors that
are automatically coupled lacks evidentiary support.
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Appeal2014-002916
Application 13/251,547
For this reason, we do not sustain the Examiner's decision rejecting
claims 1 and 23, and claims 2-17 and 21-22, which depend from claim 1.
Rejection II
The rejection of claims 18-20 relies upon the same finding pertaining
to automatic coupling as the rejection of claim 1. Gallant does not cure the
defects in this finding. Accordingly, we do not sustain the Examiner's
decision rejecting claims 18-20.
DECISION
The Examiner's rejections of claims 1-23 are REVERSED.
REVERSED
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