GE HYBRID TECHNOLOGIES, LLC

Patent Trials and Appeals Board

Mar 29, 2022

2022000833 (P.T.A.B. Mar. 29, 2022)

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. 15/802,373 11/02/2017 Chun-Kil JUNG 324302-US-10 4704 151669 7590 03/29/2022 GE Hybrid Technologies, LLC c/o DeLizio, Peacock, Lewin & Guerra, PLLC 15201 Mason Road Suite 1000-312 Cypress, TX 77433 EXAMINER NGUYEN, LINH M ART UNIT PAPER NUMBER 3992 NOTIFICATION DATE DELIVERY MODE 03/29/2022 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): eofficeaction@appcoll.com jguerra@deliziolaw.com uspto@deliziolaw.com PTOL-90A (Rev. 04/07) UNITED STATES PATENT AND TRADEMARK OFFICE ____________ BEFORE THE PATENT TRIAL AND APPEAL BOARD ____________ Ex parte CHUN-KIL JUNG and YOON-SANG KOOK ____________ Appeal 2022-000833 Application 15/802,373 Patent US 9,178,376 B2 Technology Center 3900 ____________ Before ALLEN R. MACDONALD, JENNIFER L. MCKEOWN, and CYNTHIA L. MURPHY, Administrative Patent Judges. MURPHY, Administrative Patent Judge. DECISION ON APPEAL The Appellant1 appeals from the Examiner’s rejection of claims 10-32 under 35 U.S.C. § 251. 2 We AFFIRM this rejection and DESIGNATE our affirmance as a new ground of rejection.3 1 The Appellant is the “applicant” as defined by 37 C.F.R. § 1.42. “The real party in interest” is “GE Hybrid Technologies, LLC.” (Appeal Br. 1.) 2 We have jurisdiction under 35 U.S.C. §§ 6(b) and 134(a).) 3. “Should the Board have knowledge of any grounds not involved in the appeal for rejecting any pending claim, it may include in its opinion a statement to that effect with its reasons for so holding, and designate such a statement as a new ground of rejection of the claim.” (37 CFR § 41.50(b).) Appeal 2022-000833 Application 15/802,373 Patent US 9,178,376 B2 2 BACKGROUND The application on appeal (“Reissue Application”) seeks a broadened reissue of US 9,178,376 B2 (“Parent Patent”) which matured from Application No. 12/674,948 (“Parent Application”) and which issued on November 3, 2015. The Parent Patent’s family includes US 9,130,395 B2 (“CIP Patent”) which matured from Application No. 13/344,741 (“CIP Application”). The CIP Application was considered a “continuation-in-part” of the Parent Application (CIP Patent c1:6-7) and the CIP Patent issued on September 8, 2015.4 Thus, although a continuation-in-part patent will often issue after its parent patent due to its later filing date, here, the CIP Patent issued nearly two full months prior to the Parent Patent. The Reissue Application was filed on November 2, 2017 which was within two years of the issuance of the Parent Patent on November 3, 2015. The Reissue Application was not filed within two years of the issuance of the CIP Patent on September 8, 2015.5 THE APPELLANT’S INVENTION The Appellant’s invention relates to “a non-contact charging station” and “a non-contact power-receiving apparatus.” (Parent Patent c1:9-11.) “[W]hen a power signal occurs due to an induced magnetic field” from the 4 The “disclosure” of the Parent Application was “incorporated herein by reference” in the CIP Application. (CIP Patent c1:7-8.) 5 “No reissued patent shall be granted enlarging the scope of the claims of the original patent unless applied for within two years from the grant of the original patent.” (35 U.S.C. § 251.) Appeal 2022-000833 Application 15/802,373 Patent US 9,178,376 B2 3 primary core of the charging station, a “secondary core” of the power- receiving apparatus charges the battery cell. (Id. c6:23-27.) In the Appellant’s invention, “[a] shielding section of the secondary core of the non-contact power-receiving apparatus can shield radio power signals in order to guarantee the operational performance of other electronic elements mounted on the non-contact power-receiving apparatus.” (Parent Patent c5:5-9.) Thus, the power-receiving apparatus includes: 1) “electronic elements” mounted thereon; and 2) a “shielding section” for shielding these electronic elements. (Id.) More particularly, the power-receiving apparatus’s secondary core includes the shielding section. (See id.) And the shielding is concerned with a “power signal” which is transmitted by the primary core of the charging station “using an induced magnetic field.” (Id. c4:45-46.) In the Appellant’s invention, the primary core of the charging station “also includes a shielding section 35.” (Parent Patent c9:31.) Thus, the charging station’s shielding section is disclosed as an element separate from the power-receiving apparatus’s shielding section. The charging station’s shielding section 35 includes a “shielding panel 351” that “can efficiently shield a magnetic field radiating downward, thereby ensuring the performance of an electronic device and the like mounted on the non-contact charging station.” (Id. c9:46-49.) Thus, the charging station includes: 1) an “electronic device and the like” mounted thereon; and 2) a “shielding section” for shielding these electronic elements. (Id.) More particularly, the charging station’s primary core “includes” the shielding section. (Id.) And Appeal 2022-000833 Application 15/802,373 Patent US 9,178,376 B2 4 the shielding is concerned with a “magnetic field occurring from the primary core” of the charging station. (Id. c7:41-42.)6 As indicated above, the Appellant’s invention involves a charging station and a power-receiving apparatus. The Parent Patent issued with claims drawn to the charging station, and the CIP Patent issued with claims drawn to the power-receiving apparatus. The Reissue Application on appeal seeks to expand the Parent Patent’s claims to include claims drawn to the power-receiving apparatus. INDEPENDENT CLAIMS OF PARENT PATENT [Parent Claim 1] A non-contact charging station for generating an induced magnetic field toward a non-contact power- receiving apparatus for power charge, the non-contact charging station comprising: a transmission controller provided inside the non-contact charging station, for controlling power transmission and data transmission; a station part including a primary core, for generating the induced magnetic field, and placing the non-contact power- receiving apparatus on top thereof, wherein the primary core is configured in a multi-layered structure and includes a single central core in an upper layer and two side cores in a lower layer, wherein the single central core and two side cores transmit first signals respectively to the non-contact power-receiving apparatus in a standby mode; 6 The Parent Patent also discloses details of the shielding panel 351, such as “sendust” (Parent Patent c9:36), a “shielding mesh” that “reduces eddy current” (id. c9:50-51), “a metal thin film” (id. c9:62), and “multiple layers” (id. c9:18, see also Fig. 2). Similar details are not disclosed with respect to the shielding section of the power-receiving apparatus, and there is no indication that it may comprise the same details as the shielding section of the charging station. (See id. c5:5-11.) Appeal 2022-000833 Application 15/802,373 Patent US 9,178,376 B2 5 a received signal processor connected to the primary core to receive, in response to the first signals, at least one response signal indicating received signal intensity of the first signals, from the non-contact power-receiving apparatus; and a shield panel disposed bottom in the primary core, for shielding a magnetic field radiating from the primary core, wherein the central core is placed in a position between the two side cores and is partially overlapped with each of the two side cores, wherein the transmission controller selects, at least one of the central core and the two side cores based on the received signal intensity of the first signals in the standby mode, wherein the transmission controller controls a power signal to be transmitted by the at least one selected core in a charging mode, wherein the non-contact charging station receives a second signal including information regarding a degree of voltage calibration for the power signal from the non-contact power-receiving apparatus in the charging mode, transmits a compensated power signal according to the signal including the information regarding the degree of voltage calibration for the power signal to the non-contact power-receiving apparatus in the charging mode, and stops the power transmission if it is detected that a metallic body other than the non-contact power-receiving apparatus is placed on the station part, and wherein the at least one selected core has the best received signal intensity among the single central core and the two side cores. [Parent Claim 9.] A method of controlling a non-contact charging station, the method comprising: transmitting, at a primary core comprising a single central core and two side cores, first signals respectively to the non- contact power-receiving apparatus in a standby mode; receiving, in response to the first signals, at least one response signal indicating received signal intensity of the first signals from the non-contact power-receiving apparatus in the standby mode; Appeal 2022-000833 Application 15/802,373 Patent US 9,178,376 B2 6 selecting, based on the received signal intensity of the first signals, at least one of the single central core and the two side cores in the standby mode; allowing the at least one selected core to transmit a power signal to the non-contact power-receiving apparatus; receiving a second signal including information regarding a degree of voltage calibration for the power signal from the non-contact power-receiving apparatus in a charging mode; and transmitting a compensated power signal according to the information regarding the degree of voltage calibration for the power signal to the non-contact power-receiving apparatus in the charging mode, wherein a primary core comprises the single central core and the two side cores, wherein the central core is placed in a position between the two side cores and is partially overlapped with each of the two side cores, wherein a shield panel disposed bottom in the primary core, for shielding a magnetic field radiating from the primary core, wherein the power transmission is stopped if it is detected that a metallic body other than the non-contact power-receiving apparatus is placed on the station part, and wherein the at least one selected core has the best received signal intensity among the single central core and the two side cores. INDEPENDENT CLAIMS OF CIP PATENT [CIP Claim 1.] A non-contact power-receiving apparatus which receives induced electric power for charging from a non-contact charging station, the power signal being caused by an induced magnetic field, the non-contact power-receiving apparatus comprising: a secondary core which receives a first signal for selecting a primary core from each of multiple primary cores included in the non-contact charging station in a standby mode, transmits a response signal including information on received signal intensity of the first signal to the non- contact charging station, and transmits a second signal for power control including information regarding a degree of Appeal 2022-000833 Application 15/802,373 Patent US 9,178,376 B2 7 voltage calibration to the non-contact charging station in a charging mode; a rectifier block connected with the secondary core to rectify an induced current in the secondary core; and a controller which detects the received signal intensity of the first signal and, processes the response signal in the standby mode and the second signal in the charging mode, wherein the secondary core includes a shielding section for shield the magnetic field, from other electronic elements mounted on the non-contact power-receiving apparatus, wherein the secondary core receives the induced electric power for charging from a primary core which is selected based on the information on the received signal intensity of the first signal and receives a compensated electric power according to the information regarding the degree of voltage calibration from the non-contact power charging station in the charging mode, wherein charging operation is stopped when it is detected that metallic object other than the non-contact power-receiving apparatus is placed on the non-contact power charging station, and wherein the selected primary core has the best received signal intensity for the first signal among the multiple primary cores. [CIP Claim 7.] A method of receiving induced electric power for charging from multiple primary cores of a non-contact charging station performed by a non-contact power-receiving apparatus, the method comprising: receiving, at a secondary core of the non-contact power- receiving apparatus, a first signal for selecting a primary core from each of multiple primary cores in a standby mode; detecting received signal intensity of the first signal in the standby mode; transmitting, to the non-contact charging station, a response signal including information on received signal intensity of the first signal in the standby mode; Appeal 2022-000833 Application 15/802,373 Patent US 9,178,376 B2 8 receiving at the secondary core, the induced electric power for charging from a primary core which is selected based on the information on the received signal intensity of the first signal in a charging mode, wherein the selected primary core has the best received signal intensity for the first signal among the multiple primary cores; transmitting, to the non-contact charging station, a second signal for power control including information regarding a degree of voltage calibration; and receiving at the secondary core, a compensated electric power according to the information regarding the degree of voltage calibration from the non-contact power charging station in the charging mode, wherein the secondary core includes a shielding section for shield a magnetic field, from other electronic elements mounted on the non-contact power-receiving apparatus, and wherein charging operation is stopped when it is detected that metallic object other than the non-contact power-receiving apparatus is placed on the non-contact power charging station. INDEPENDENT CLAIMS ADDED IN THE REISSUE APPLICATION (with underlining omitted) [Reissue Claim 10]. A non-contact power-receiving apparatus for receiving power signals from a non-contact power-charging apparatus for wireless power transfer, the noncontact power- receiving apparatus comprising: a secondary core that (i) receives one or more power signals and (ii) sends communication signals; a rectifier block coupled to the secondary core that converts the one or more power signals into a rectified power; and a controller coupled to the rectified block which is configured to: in response to the one or more power signals received at the secondary core from one or more corresponding power transmission cores, generate at least one detection signal, which indicates an intensity of at least one of the one or more power signals, for Appeal 2022-000833 Application 15/802,373 Patent US 9,178,376 B2 9 transmission by the secondary core to enable the non- contact power-charging apparatus to select an appropriate power transmission core for further transmission of the one or more power signals; after conversion of the one or more power signals received from the selected appropriate power transmission core into a rectified power by the rectifier block control transfer of the rectified power to a battery; generate at least one control signal for transmission by the secondary core to the non-contact power-charging apparatus to control a voltage of the one or more power signals relative to a reference level; determine that a metal object other than the non-contact power-receiving apparatus is placed near the selected power transmission core; and generate an end power transfer signal, for transmission by the secondary core to the non-contact power- charging apparatus, to stop the transmission of the one or more power signals. [Reissue Claim 27]. A method of controlling a non-contact power-receiving station comprising: receiving, at a secondary core, a plurality of power signals applied to the secondary core, each of the power signals coming from a corresponding power transmission core; generating at least one detection signal indicating an intensity of at least one of the plurality of power signals for transmission by the secondary core to enable a non-contact power-charging apparatus to select an appropriate power transmission core for further transmission of a power signal; converting a power signal received on the secondary core from the selected appropriate power transmission core into a rectified power; controlling transfer of the rectified power to a battery; generating a control signal for transmission by the secondary core to the selected appropriate power transmission core to Appeal 2022-000833 Application 15/802,373 Patent US 9,178,376 B2 10 control a voltage of the power signal when the rectified power relative to a reference level; determining that a metal object other than the non-contact power-receiving apparatus is placed near the selected power transmission core; and generating an end power transfer signal, for transmission by the secondary core to the noncontact power-charging apparatus, to stop the transmission of the one or more power signals. THE REJECTION The Examiner rejects Reissue Claims 10-32 under 35 U.S.C. § 251 as being an improper recapture of subject matter surrendered during prosecution of the issued patent. (Final Act. p2.) We affirm this rejection; however, our analysis does not align exactly with that of the Examiner. Out of an abundance of caution, we designate our affirmance as a new ground of rejection. THE RECAPTURE RULE The Recapture Rule “bars a patentee from recapturing subject matter, through reissue, that the patentee intentionally surrendered during the original prosecution in order to overcome prior art.” (In re Youman, 679 F.3d 1335, 1343 (Fed. Cir. 2012).) We apply the Recapture Rule in three steps. First, “we determine whether and in what aspect the reissue claims are broader than the patent claims.” (Youman 679 F.3d at 1343 (cleaned up).) Second, we “determine whether the broader aspects of the reissue claims relate to surrendered subject matter.” (In re Clement, 131 F.3d 1464, 1468-69 (Fed. Cir. 1997).) Third, we “determine whether the surrendered subject matter has crept into the reissue claim.” (Id. at 1469.) Appeal 2022-000833 Application 15/802,373 Patent US 9,178,376 B2 11 “To determine whether an applicant surrendered particular subject matter, we look to the prosecution history for arguments and changes to the claims made in an effort to overcome a prior art rejection.” (Clement, 131 F.3d at 1469.) “[A] patentee may violate the rule against recapture by claiming subject matter in a reissue patent that the patentee surrendered while prosecuting a related patent application.” (MBO Laboratories, Inc. v. Becton, Dickenson & Co., 602 F,3d 1306, 1316 (Fed. Cir. 2010).) Indeed, the Federal Circuit has “never” limited their “review of recapture only to the prosecution history for the patent corrected by reissue.” (Id.) And “surrenders” can be made while prosecuting a “continuation-in-part” application. (Id.) PROSECUTION HISTORY OF THE PARENT PATENT The Parent Application was filed with four independent claims, only one of which was drawn to a power-receiving apparatus, namely claim 8. (See Claims filed on February 24, 2010, p55-p62.) In a first action, claim 8 was rejected as being unpatentable over the prior art. (See Action delivered on June 27, 2012, p7-p9.) In response to this action, claim 8 was cancelled. (See Claims filed on November 27, 2013, p2.) PROSECUTION HISTORY OF THE CIP PATENT The CIP Application was filed with two independent claims, neither of which was drawn to a power-receiving apparatus. (See Claims filed on January 6, 2012, p36-p39.) However, during prosecution of the CIP Patent, two independent claims were introduced which were drawn to a power- receiving apparatus: Appeal 2022-000833 Application 15/802,373 Patent US 9,178,376 B2 12 [New Claim 46.] A non-contact power-receiving apparatus which receives a power signal from a non-contact charging station, the power signal being caused by an induced magnetic field, the non-contact power-receiving apparatus comprising: a secondary core which receives at least one signal sequentially transmitted from multiple primary cores included in the non-contact charging station and transmits a response signal to the non-contact charging station; a rectifier block connected to the secondary core to rectify an induced current in the secondary core; and a controller which processes the response signal, wherein the non-contact power-receiving apparatus detects an intensity of the at least one signal sequentially transmitted from the multiple primary cores, and transmits the response signal including the intensity to the non-contact charging station. [New Claim 53.] A method of receiving a power signal from multiple primary cores of a noncontact charging station performed by a non-contact power-receiving apparatus, the method comprising: receiving, at a secondary core of the non-contact power- receiving apparatus, at least one signal which is sequentially transmitted from each of multiple primary cores; detecting an intensity of the at least one signal; and transmitting, to the non-contact charging station, a response signal including the intensity. (See Claims filed on April 18, 2013, p2-p4.)7 These claims were rejected in a subsequent action as unpatentable over the prior art. (See Action delivered 7 We note that New Claims 46 and 53 are supported by the Parent Patent. (See Parent Patent c6:23-27, c7:41-42, c7:63-67, c10:61-63, c11:1-8, c11:19-24, c12:47-50, Figs. 6, 7.) We also note that New Claims 46 and 53 appear to be much broader than claim 8 filed with the Parent Application on Appeal 2022-000833 Application 15/802,373 Patent US 9,178,376 B2 13 April 25, 2013, p2-p3.) In response to this prior art rejection, the claims were amended: [Amended Claim 46.] A non-contact power-receiving apparatus which receives a power signal from a non-contact charging station, the power signal being caused by an induced magnetic field, the non-contact power-receiving apparatus comprising: a secondary core which receives at least one signal sequentially transmitted from multiple primary cores in the non-contact charging station and transmits a response signal to the non-contact charging station; a rectifier block connected with to the secondary core to rectify an induced current in the secondary core; and a controller which processes the response signal, wherein the secondary core includes a shielding section for shield radio power signal, from other electronic elements mounted on the non-contact power-receiving apparatus, and wherein the non-contact power-receiving apparatus detects an intensity of the at least one signal sequentially transmitted from the multiple primary cores, and transmits the response signal including the intensity to the non-contact charging station. [Amended Claim 53.]. A method of receiving a power signal from multiple primary cores of a non-contact charging station performed by a non-contact power-receiving apparatus, the method comprising: February 24, 2010, and, significantly, New Claims 46 and 53 were introduced on April 18, 2013 which was prior to the cancellation of claim 8 in the Parent Application on November 27, 2013. As such, it is possible that no surrender was created by the cancellation of claim 8 in the Parent Application. Indeed, if the CIP Patent had issued with claims mirroring those introduced in New Claims 46 and 53 on April 13, 2013, there might be little to discuss with respect to recapture. Appeal 2022-000833 Application 15/802,373 Patent US 9,178,376 B2 14 receiving, at a secondary core of the non-contact power- receiving apparatus, at least one signal which is sequentially transmitted from each of multiple primary cores; detecting an intensity of the at least one signal; and transmitting, to the non-contact charging station, a response signal including the intensity. wherein the secondary core includes a shielding section for shield radio power signal, from other electronic elements mounted on the non-contact power-receiving apparatus. (Claims filed August 26, 2013, p2-p4.)8 In the remarks accompanying this amendment, it was emphasized that “Claim 46 as amended” recited “wherein the secondary core includes a shielding section for shield radio power signal, from other electronic components mounted on the non- contact power-receiving apparatus” and “wherein the non-contact power- receiving apparatus detects intensity of the at least one signal sequentially transmitted from the multiple primary cores, and transmits the response signal including the intensity to the non-contact charging station.” (See Response filed August 26, 2013, p5 (emphasis in response).) It was also argued that the claims had incorporated shielding-section features explicitly included in the secondary core of the power-receiving apparatus. (See id. at p6.)9 It was further indicated that “[t]he above arguments are similarly applied to amended claim 53.” (Id.) 8 This amendment is supported by the Parent Patent. (See Parent Patent c5:5-11.) 9 Specifically, it was said that “claim 46 has incorporated the features of claim 51, which was not subject to this 35 U.S.C. § 102 rejection.” (Response filed August 26, 2013, p6.) Prior to the Response filed on August 26, 2013, claim 51 set forth that “the secondary core includes a shielding section under a pattern core” and “the shielding section includes a Appeal 2022-000833 Application 15/802,373 Patent US 9,178,376 B2 15 Claim 46 and claim 53, as ultimately allowed, correspond to CIP Claim 1 and CIP Claim 7. They both require “the secondary core” to “includ[e] a shielding section for shield magnetic field, from other electronic elements mounted on the non-contact power-receiving apparatus.” (Claims filed April 24, 2015; see Notice of Allowability delivered May 15, 2015.) Thus, the CIP Claims require the power-receiving apparatus to include: 1) “electronic elements” mounted thereon; and 2) a “shielding section” for shielding these electronic elements. (Id.) More particularly, the CIP Claims require the power-receiving apparatus’s secondary core to include the shielding section. (Id.) And the CIP Claims require the shielding to be with respect to a power signal received from the charging station.10 Consequently, the prosecution history of the CIP Patent evidences a surrender of a power-receiving apparatus having a secondary core that does not include a shielding section for shielding electronic elements on the power-receiving apparatus from a power signal received from a charging station. ANALYSIS Under the first step of the Recapture Rule, independent Reissue Claims 10 and 27 are broader than the patent claims. shielding panel, a shielding mesh, and a metal thin film.” (Claims filed April 18, 2013, p3.) 10 Amended Claims 46 and 53 require the “power signal” to be received from a “charging station” and require the shielding section to be “for shield radio power signal.” (Claims filed August 26, 2013, p6.) Appeal 2022-000833 Application 15/802,373 Patent US 9,178,376 B2 16 Reissue Claims 10 and 37 are drawn to a power-receiving apparatus having a secondary core which need not include a shielding section. (See Appeal Br., Claims App.) The claims of the Parent Patent are all drawn to a charging station (see Parent Patent c20:23-c22:41) and there is no dispute that this makes them broader in scope (see Appeal Br. p8-p9). The claims of the CIP Patent are drawn to a power-receiving apparatus (see CIP Patent c18:30-c20:30), but they require the power-receiving apparatus’s secondary core to “include[e] a shielding section for shield a magnetic field, from other electronic elements mounted on the non-contact power-receiving apparatus” (id. c18:51-53, c20:20-22). Thus, a broader aspect of Reissue Claims 10 and 37 is that they do not require the secondary core of the power-receiving apparatus to include a shielding section, much less a shielding section for shielding electronic elements on the power-receiving apparatus from a power signal from a charging station. Under the second step of the Recapture Rule, this broader aspect of Reissue Claims 10 and 37 relates to surrendered subject matter. As discussed above, the CIP Patent evidences a surrender of a power- receiving apparatus having a secondary core that does not include a shielding section for shielding electronic elements on the power-receiving apparatus from a power signal received from a charging station. Neither Reissue Claim 10 nor Reissue Claim 27 requires a shielding section and, therefore, they embrace this surrendered subject matter. Under the third step of the Recapture Rule, surrendered subject matter has crept into Reissue Claim 10 and Reissue Claim 27. Appeal 2022-000833 Application 15/802,373 Patent US 9,178,376 B2 17 Neither Reissue Claim 10 nor Reissue Claim 27 recites features related to a shielding section, and, therefore, this added-during-prosecution limitation has been eliminated in its entirety. (See Appeal Br., Claims App.) “Violation” of the Recapture Rule may be avoided under the third step “if the reissue claims ‘materially narrow’ the claims relative to the original claims such that full or substantial recapture of the subject matter surrendered during prosecution is avoided.” (In re Mostafazadeh, 643 F.3d 1353, 1358 (Fed. Cir. 2011) (citation omitted).) But “where the patentee eliminates the added limitation in its entirety,” it is “clear that the surrendered subject matter has been recaptured.” (Youman, 679 F.3d at 1345.) Thus, we sustain the Examiner’s rejection of independent Reissue Claims 10 and 27 under 35 U.S.C. § 251. Dependent Reissue Claims The dependent Reissue Claims 11-26 and 28-32 do not recite features related to the power-receiving apparatus’s shielding section so as to prevent the added-during-prosecution limitation from being eliminated in its entirety. Dependent Reissue Claims 11-17, 26, and 28-32 recite features related to signals (e.g., a “detection signal,” a “control signal,” a “signal including a unique ID,” etc.), selection of a “transmission core,” a “planar- spiral” configuration of the secondary core, a “battery,” and a “controller.” (See Appeal Br., Claims App.) None of these recited features relate to the power-receiving apparatus’s shielding section, and, therefore, they do not prevent surrendered subject matter from creeping into Reissue Claims 11-17, 26, and 28-32. Appeal 2022-000833 Application 15/802,373 Patent US 9,178,376 B2 18 Dependent Reissue Claim 18 recites “a shielding section, disposed adjacent to the secondary core and to shield signals and power from the secondary core from other electronic elements.” (Appeal Br., Claims App.) Thus, Reissue Claim 18 does not require the secondary core to include a shielding section. Also, the shielding section recited in Reissue Claim 18 does not necessarily shield electronic elements on the power-receiving apparatus. Further, the shielding section recited in Reissue Claim 18 is not concerned with power signals from a charging apparatus, but rather signals and power from the secondary core of the power-receiving apparatus. Moreover, Reissue Claim 18 seems to be introducing the shielding section of the primary core of the charging station. (See Parent Patent c9:31-39, c16:54-57, c16:54-57, c17:1-43, c20:44-46, c22:2-3, c22:33-35, Table 4, Figs. 2, 16.) As discussed above, the charging station’s shielding section is disclosed as an element separate from the power-receiving apparatus’s shielding section. (Compare id. c5:5-9 and id. c9:31-49.) In other words, the shielding section of the charging station is unrelated to the shielding section of the secondary core of the power-receiving apparatus.11 11 We note that the Parent Patent discloses a power-receiving apparatus having a secondary core with a shielding section (see Parent Patent c5:5-11, see also Fig. 16), but does not seem to disclose a shielding section disposed adjacent to (rather than part of) the power-receiving apparatus’s secondary core. And the Parent Patent discloses “a shielding section of the secondary core of the non-contact power-receiving apparatus” that can “shield radio power signals” (id. c5:5-8) which are transmitted by the charging station (see id. c4:45-46), but does not seem to disclose a shielding section that shields signals/power from the secondary core of the power-receiving apparatus. Thus, dependent Reissue Claim 18 might be susceptible to Appeal 2022-000833 Application 15/802,373 Patent US 9,178,376 B2 19 Thus, the recital of features pertaining to the charging station’s shielding section do not prevent surrendered subject matter from creeping into Reissue Claim 18. Dependent Reissue Claims 19-24 depend directly or ultimately from Reissue Claim 18, and they set forth details of the shielding section, such as “a shielding panel including sendust,” “a shielding mesh for reducing eddy current,” “a metal thin film,” and “a plurality of layers.” (Appeal Br., Claims App.) However, these details correspond to the shielding section of the primary core of the charging station, which is unrelated to the shielding section of the secondary core of the power-receiving apparatus. (See Parent Patent c9:31-67, Fig. 2.) And, the recital of features pertaining to the charging station’s shielding section do not prevent surrendered subject matter from creeping into Reissue Claims 19-24. Thus, we sustain the Examiner’s rejection of dependent Reissue Claims 11-26 and 28-32 under 35 U.S.C. § 251. written-description problems under 35 U.S.C. § 112 and/or original-patent problems under 35 U.S.C. § 251. We further note that the support necessary to overcome written-description and/or original-patent problems must reside in the Parent Patent, not the CIP Patent which has a later filing date and presumably contains new subject matter. As indicated above, in order to be broadening, the Reissue Application must rely upon the Parent Patent, because the CIP Patent issued more than two years before the filing date of the Reissue Application. Appeal 2022-000833 Application 15/802,373 Patent US 9,178,376 B2 20 CONCLUSION Claims Rejected 35 U.S.C. § Reference(s)/Basis Affirmed Reversed New Ground 10-32 251 Improper Recapture 10-32 10-32 TIME PERIOD FOR RESPONSE This decision contains new grounds of rejection under 37 C.F.R. § 41.50(b) which provides that a new ground of rejection “shall not be considered final for judicial review.” WITHIN TWO MONTHS FROM THE DATE OF THE DECISION, the Appellants must exercise one of the following two options with respect to the new grounds of rejection to avoid termination of the appeal as to the rejected claims: (1) Reopen prosecution. Submit an appropriate amendment of the claims so rejected or new evidence relating to the claims so rejected, or both, and have the matter reconsidered by the Examiner, in which event the prosecution will be remanded to the Examiner; (2) Request rehearing. Request that the proceeding be reheard under § 41.52 by the Board upon the same record. 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) (2014). AFFIRMED; 37 C.F.R. § 41.50(b)