Michael ThomasDownload PDFPatent Trials and Appeals BoardDec 11, 201915394769 - (D) (P.T.A.B. Dec. 11, 2019) Copy Citation 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. 15/394,769 12/29/2016 Michael Thomas DCP-Thomas-1401CIP 6878 36787 7590 12/11/2019 BLYNN L. SHIDELER THE BLK LAW GROUP 3500 BROKKTREE ROAD SUITE 200 WEXFORD, PA 15090 EXAMINER MORGAN, EMILY M ART UNIT PAPER NUMBER 3677 NOTIFICATION DATE DELIVERY MODE 12/11/2019 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): blynn@BLKLawGroup.com cbelleci@BLKLawGroup.com patents@BLKLawGroup.com PTOL-90A (Rev. 04/07) UNITED STATES PATENT AND TRADEMARK OFFICE ____________ BEFORE THE PATENT TRIAL AND APPEAL BOARD ____________ Ex parte MICHAEL THOMAS Appeal 2019-002769 Application 15/394,769 Technology Center 3600 ____________ Before JOHN C. KERINS, MICHAEL L. HOELTER, and WILLIAM A. CAPP, Administrative Patent Judges. HOELTER, Administrative Patent Judge. DECISION ON APPEAL STATEMENT OF THE CASE Pursuant to 35 U.S.C. § 134(a), Appellant1 appeals from the Examiner’s decision to reject claims 1–9 and 11–20, which constitute all the claims pending in this application. We have jurisdiction under 35 U.S.C. § 6(b). We AFFIRM IN PART. 1 We use the word “Appellant” to refer to “applicant” as defined in 37 C.F.R. § 1.42. Appellant identifies the real party in interest as “the applicant and inventor of record Michael Thomas.” Appeal Br. 3. Appeal 2019-002769 Application 15/394,769 2 CLAIMED SUBJECT MATTER The disclosed subject matter “relates to jewelry, specifically to a panel bracelet with replaceable inserted panels.” Spec. ¶ 3. Claims 1, 12, and 17 are independent. Claim 1 is illustrative of the claims on appeal and, is reproduced below. 1. A panel bracelet comprising: a body having a width and a circumference; a plurality of panels configured to be selectively replaceable within the body of the bracelet, wherein each panel includes parallel ends configured to be perpendicular to the width of the body of the bracelet and longer parallel sides configured to extend along the circumference of the body of the bracelet, wherein each panel includes a perimeter groove around the perimeter of the panel; a pair of panel holding frames forming at least part of the body of the bracelet, wherein each open panel holding frame is configured to hold a panel therein, and wherein each panel holding frame includes a retaining bead that is received within the perimeter groove of a panel held within the panel holding frame to receive and retain the panel therein.. EVIDENCE Name Reference Date Ishihara et al. (“Ishihara”) US 2007/0194066 Aug. 23, 2007 REJECTION2 Claims 1–9 and 11–20 are rejected under 35 U.S.C. § 103 as being unpatentable over Ishihara. 3 2 “The 112b rejection of all claims is withdrawn.” Ans. 3. 3 “The 103 rejection of claim 10 is withdrawn. Examiner notes that claim 10 is objected to as being dependent from a rejected claim.” Ans. 3. Appeal 2019-002769 Application 15/394,769 3 ANALYSIS Appellant presents separate arguments for claims 1, 3, 6, 7, 9, and 11–15. Appeal Br. 16–29. We address each such claim separately below. Remaining claims 2, 4, 5, and 8 stand or fall with parent claim 1, while claim 16 stands or falls with claim 12. See 37 C.F.R. § 41.37(c)(1)(iv). Regarding claims 17–20, see our discussion below. CLAIM 1 Claim 1 recites “a plurality of panels” and also “a pair of panel holding frames.” The Examiner relies on Ishihara for disclosing the limitations of claim 1, but acknowledges that “Ishihara discloses the panel bracelet with one frame, not two” as recited. Final Act. 10. However, “Examiner notes that mere duplication of parts has no patentable significance unless a new and unexpected result is produced. See MPEP 2144.04 (VI) (b).” Final Act. 11. The Examiner also notes a different orientation of the recited panels than Ishihara discloses, but states that it would have been obvious “to change the orientation” because “rearrangement of known parts into a known arrangement is considered obvious.” Final Act. 11 (referencing MPEP § 2144.04 (VI) (c)). “Examiner notes that this is done for the purpose of aesthetics.” Final Act. 11. Appellant acknowledges that the claimed invention “is directed to what is known as a panel bracelet.” Appeal Br. 16; see also Reply Br. 1. Appellant states that this “term is well known in the art” and that what makes “a panel bracelet is that a substantial portion of the bracelet is formed of decorative panels.” Appeal Br. 16. As such, the device shown in Ishihara “would not be considered a panel bracelet to one of ordinary skill in the art.” Appeal Br. 17; see also Reply Br. 1, 2. Appeal 2019-002769 Application 15/394,769 4 It is not disputed that Appellant’s Specification states, “a panel bracelet ‘is one utilizing at least one and generally a series of decorative panels coupled along the bracelet.’” Appeal Br. 18–19 (citing Spec. ¶ 8) (emphasis added). Appellant now argues, however, that a single-panel bracelet is not a panel bracelet because “such a reading takes the phrase out of context and is inconsistent with what one of ordinary skill in the art would understand as a panel bracelet.”4 Appeal Br. 19; see also Reply Br. 1. In effect, Appellant is seeking to change the definition of a panel bracelet from what is stated in Appellant’s Specification (“at least one and generally a series of” panels, (Spec. ¶ 8)) to what Appellant now alleges a skilled person would, instead, consider a panel bracelet to be (i.e., a series of panels). See Appeal Br. 19, Reply Br. 1–2. We have repeatedly been instructed that claim terms must not only be given their “broadest reasonable construction,” but also that such construction must be “consistent with the specification.” See, e.g., In re ICON Health and Fitness, Inc., 496 F.3d 1374, 1379 (Fed. Cir. 2007); In re Yamamoto, 740 F.2d 1569, 1571 (Fed. Cir. 1984); In re Suitco Surface, Inc., 603 F.3d 1255, 1259 (Fed. Cir. 2010). In view of such consistent instruction from our reviewing court, we understand, based on Appellant’s Specification and the clear language therein, that the recited “panel bracelet” can encompass one panel or a plurality of panels. See Spec. ¶ 8. Accordingly, we do not fault the Examiner for relying on Ishihara, which illustrates a 4 Appellant states that in context, “a panel bracelet [is] ‘generally a series of decorative panels coupled along the bracelet’” and that “[t]he single panel version of a panel bracelet is simply an oddity and an extreme.” Appeal Br. 19; Reply Br. 2. Appeal 2019-002769 Application 15/394,769 5 single-panel article of apparel, as a basis for the rejection of this claim. We further note Ishihara’s indication that different devices may also be employed within this article. See Ishihara ¶¶ 5, 23, 45. Thus, we are not persuaded by Appellant’s assertion that “the [E]xaminer cannot point to ANY relevant teaching that would reference the design of [Ishihara] as a panel bracelet.” Appeal. Br. 19. This is because the Examiner is merely abiding by, and remaining consistent with, Appellant’s own description of what a “panel bracelet” may be. Appellant next addresses the recited language directed to the orientation of the panel within the frame of the bracelet. As noted above, the Examiner acknowledges Ishihara’s different orientation, but determines that it would have been obvious to change such orientation under the rationale that it is obvious to rearrange known parts. See Final Act. 11. The Examiner further provides a specific reason for such change in orientation by addressing a need of a bicyclist holding onto forward extending handle bars. See Ans. 4. The Examiner states that the different “orientation as suggested by [the Examiner] would be easier to read than the orientation disclosed by Ishihara.” Ans. 4. We thus are not persuaded the Examiner failed to “provide a motivation or reason,” without the benefit of hindsight, for such a finding. Appeal Br. 20. Appellant further contends that, before Ishihara’s orientation can be rearranged, “the curvature of the wristband must be considered and the prior art clearly does not teach accommodating such a curvature.” Reply Br. 3; see also Appeal Br. 21. However, Figure 4 of Ishihara (replicated by Appellant at Appeal Br. 18 and Reply Br. 3) illustrates the fitting of device 30 into frame 23. This assembly is depicted as occurring in a Appeal 2019-002769 Application 15/394,769 6 relatively planar portion of Ishihara’s wristband, such that Appellant’s curvature concerns are not relevant. We are further not persuaded that Ishihara “teaches away from the suggested modification” (Appeal Br. 20; see also Reply Br. 3) because Appellant fails to indicate where Ishihara criticizes, discredits, or otherwise discourages such a change in orientation.5 Consequently, we are not persuaded by Appellant’s contention that “[c]hanging this orientation would make the display quite difficult to read and is certainly not obvious from this teaching.” Appeal Br. 21. Although we agree in general with Appellant’s contention that a “modification cannot destroy the intended operation of the device” (Appeal Br. 21), we do not see the Examiner’s proposed modification bringing about such destruction of intended operation. Additionally, Appellant addresses the recitation of “a plurality of panels” and “a pair of panel holding frames” because the Examiner acknowledges that Ishihara discloses only one thereof. Appeal Br. 21; see also Final Act. 10. Appellant states, “[t]here is no reason why one of ordinary skill in the art reading this reference in its entirety would include a second frame” and panel. Appeal Br. 21. Appellant states that it is the “orientation and number of panels and . . . frames of the present invention [that] helps define this as a panel bracelet and absolutely distinguishes this from the wristband of the applied art.” Appeal Br. 22. As above, the Examiner relies on “mere duplication of parts” (Final Act. 11) and further elaborates that “it would be obvious to utilize two of the electronic devices 5 A teaching away requires a reference to actually criticize, discredit, or otherwise discourage investigation into the claimed solution. See In re Fulton, 391 F.3d 1195, 1201 (Fed. Cir. 2004). Appeal 2019-002769 Application 15/394,769 7 so that both features can be used at the same time, so as to broaden which data the athlete can track.” Ans. 5. Ishihara’s examples for the disclosed electronic device include “a watch, or a global positioning system,” or “any of a plurality of suitable electronic devices.” Ishihara ¶¶ 5, 45. Thus, Ishihara discloses different devices that may be employed, which buttresses the Examiner’s “duplication of parts” rationale that it would have been obvious “to utilize two of the electronic devices so that both features can be used at the same time.” Final Act. 11, Ans. 5. Accordingly, and based on the record presented, we are not persuaded the Examiner erred in rejecting claim 1 as being obvious in view of Ishihara. CLAIM 3 Claim 3 depends from claim 1 and further recites “wherein each panel holding frame extends over 130 degrees along the circumference of the body of the bracelet.” The Examiner acknowledges Ishihara’s deficiency in this manner but reiterates that “[a] change in size is generally recognized as being within the level [of] ordinary skill in the art.” Final Act. 11. As support, “Examiner notes that this size is known in the art, taught by 2015/0277489 Lin, figure 7.” Final Act. 11. Appellant acknowledges that this “claimed 130 degree span requires a change in the size of the display” as the Examiner is relying upon. Appeal Br. 23. However, Appellant also points out that this limitation further requires a change in “the shape of the display” so as to extend in a curvilinear manner “along the circumference of the body of the bracelet” as recited. Appeal Br. 23; see also Reply Br. 4 (“The prior art shows a flat watch.”). The Examiner does not address the need for a curved panel as would be apparent for a device that extends “over 130 degrees along [a] circumference” as recited. Instead, the Appeal 2019-002769 Application 15/394,769 8 Examiner simply addresses the elongation of the panel, stating “[e]nlargement would make the data easier to read.” Ans. 5. The Examiner’s rationale fails to take into account a need for both elongating and curving the panel. Additionally, the Examiner’s reliance on a reference (i.e., Lin), without listing that reference in the body of the rejection has been criticized by our reviewing court. Specifically, we have been instructed that “[w]here a reference is relied on to support a rejection, whether or not in a ‘minor capacity,’ there would appear to be no excuse for not positively including the reference in the statement of the rejection.” In re Hoch, 428 F.2d 1341, 1342, n.3 (CCPA 1970). This omission suggests Appellant was not afforded a fair opportunity to react to the thrust of the Examiner’s rejection. See In re Jung, 637 F. 3d 1356, 1365 (Fed. Cir. 2011). Accordingly, and based on the record presented, we do not sustain the Examiner’s rejection of dependent claim 3 as being obvious in view of Ishihara. CLAIM 6 Claim 6 depends from claim 1 and further recites, “wherein at least one panel is a collectable sports related element including informational text thereon.” Emphasis added. The Examiner relies on Ishihara’s disclosure of a “timer” as meeting this limitation. Final Act. 12 (referencing Ishihara ¶ 5). It is understood how Ishihara’s “timer” can reasonably be considered a “sports related element” as recited, but Appellant contends that the Examiner is seeking “to void the phrase [“collectable sports related element”] of any realistic meaning.” Appeal Br. 24; see also Reply Br. 4. We are instructed that “claims are interpreted with an eye toward giving effect to all terms in the claim.” Bicon Inc. v. Straumann Co., 441 Appeal 2019-002769 Application 15/394,769 9 F.3d 945, 950 (Fed. Cir. 2006). When addressing this point, the “Examiner further notes that having a plurality of the panels, as suggested by all the options of Ishihara, makes the panels ‘collectable.’” Ans. 5. Hence, the Examiner equates a “collectable” panel to a “plurality” of panels. We agree with Appellant, and do not agree that one skilled in the art would equate “collectable,” as this term is employed (see Spec. ¶ 83), to simply more than one such item. See Reply Br. 4. Accordingly, and based on the record presented, the Examiner has not provided a rational underpinning to support the rejection of claim 6. See KSR Int’l Co. v. Teleflex Inc., 550 U.S. 398, 418 (2007). We do not sustain the Examiner’s rejection of claim 6 as being obvious in view of Ishihara. CLAIM 7 Claim 7 depends from claim 1 and further recites, “wherein at least one panel includes a USB key.”6 The Examiner states that Ishihara discloses “multiple desired uses for the electronics of the bracelet . . . including . . . electronic storage of splits and times to be accessible using a USB key.” Final Act. 12 (referencing Ishihara ¶ 2). Appellant disagrees contending that “there is no teaching or remote suggestion of a USB key” in Ishihara. Appeal Br. 25. Additionally, Appellant contends that Ishihara “is intended to provide a method of the user or athlete VIEWING the electronic device and the [a]thlete would have little use to view a physical USB key.” Appeal Br. 25. The Examiner does not dispute Appellant’s latter “viewing” contention, but, regarding Appellant’s former ‘no suggestion’ contention, the 6 Appellant’s Specification addresses “the inclusion of a USB key (also called a memory stick).” Spec. ¶ 84. Appeal 2019-002769 Application 15/394,769 10 Examiner states that “Ishihara discloses a ‘wireless phone’” and “[t]herefore, [E]xaminer considers the ‘wireless phone’ of [0022] to be a ‘USB key’” because phones “commonly have memory and have a USB port.” Ans. 6. Appellant disagrees with the Examiner’s assessment “that a wireless phone may be considered a USB KEY because it can have memory and a USB Port.” Reply Br. 5. This is because “[t]here is no support for such an argument,” and further, Appellant understands that “claims are read in light of the specification and interpreted by one of ordinary skill in the art.” Reply Br. 5. However, in this case, Appellant argues “[t]he examiner’s comments are not understood, not supported by any reasonable understanding of the prior art and not in line with the meaning of the terms in light of the specification.” Reply Br. 5. There is merit to Appellant’s contentions. Although Ishihara discloses the use of a wireless phone, this term is employed as describing a “two-way communication device,” and not because of any storage medium it may contain. Ishihara ¶ 22. Further, the Examiner’s correlation of a wireless phone to a USB key is based on the phone having memory and a USB port. See Ans. 6. However, a USB port is simply one type of interconnect that meets a certain industry standard. Other types of interconnects abound and some are also employed in phones (e.g., auxiliary jack, mini-USB, FireWire, etc.). Thus, following the Examiner’s logic, if a phone has a certain type of port, then that would mean the phone also has a certain type of key or memory stick (see Spec. ¶ 84) having that port’s name. We are not persuaded by the Examiner’s logic that use of certain port in a phone equates to a memory stick of the same connection type. Accordingly, we do not Appeal 2019-002769 Application 15/394,769 11 sustain the Examiner’s rejection of claim 7 as being obvious in view of Ishihara. CLAIM 9 Claim 9 depends from claim 1 and recites, “wherein at least one panel includes a user identifying barcode.” The Examiner initially equates a barcode to “an RFID chip” (Final Act. 12), but changes course when Appellant points out that a barcode “is NOT an RFID chip.” Appeal Br. 26. Thereafter, the Examiner finds that “barcodes on bracelets are old and well known.” Ans. 6. Appellant acknowledges that “[a] Barcode is well known” but that the “prior art does not teach or reasonably suggest the claimed user identifying Barcode on the wristband thereof.” Reply Br. 6. We have been instructed that, for a finding of obviousness, more is needed that just the fact that an item is well known; instead, the Examiner is to provide a reason for the combination of elements. See KSR, 550 U.S. at 418 (“[R]ejections on obviousness grounds cannot be sustained by mere conclusory statements; instead, there must be some articulated reasoning with some rational underpinning to support the legal conclusion of obviousness”). The Examiner’s reliance on an item being “old and well known” (Ans. 6) is not, in and of itself, sufficient articulated reasoning with rational underpinning as required by the Supreme Court. Accordingly, we do not sustain the Examiner’s rejection of claim 9 as being obvious in view of Ishihara. CLAIM 11 Claim 11 depends from claim 1 and additionally recites, “wherein the panel bracelet is reversible.” In addressing reversibility, Appellant’s Specification discusses the reversibility of each individual panel, and also Appeal 2019-002769 Application 15/394,769 12 states that “the bracelet may be flipped in its entirety.” Spec. ¶ 29. To buttress the Examiner’s rejection, the Examiner addresses the elasticity of Ishihara’s band, i.e., “made of an elastic fabric, [0026]” (Final Act. 12), and thus concludes that Ishihara’s band “therefore is reversible” (Ans. 7). Appellant contends that Ishihara’s device “is in fact not reversible as the term is conventionally used in the art.” Appeal Br. 27. However, as above, we first look to Appellant’s Specification for meaning, and here, the ability to “flip” the band is described therein as correlating to being reversible. See Spec. ¶ 29. Appellant does not explain how Ishihara’s elastic band is not flippable, but instead, simply reiterates that Ishihara’s band is “not reversible as the term is conventionally used in the art.” Reply Br. 6. We are not persuaded by Appellant’s contentions. We sustain the Examiner’s rejection of claim 11 as being obvious in view of Ishihara. CLAIM 12 Claim 12 is an independent claim and includes a limitation directed to an ornamental design on opposite sides of the panel. See Appeal Br. 32 (Claims Appendix); see also id. at 27. The Examiner concludes that it would have been obvious to include an ornamental design on both sides of the Ishihara watch insert, relying on “aesthetic purposes” for doing so. Final Act. 9; see also Ans. 7 (“common in the art to engrave the backs of watches”). Even presuming it is common for “aesthetic purposes” to mark the back of a watch, the Examiner does not explain why a user would place that back side facing out. This is because doing so would defeat the purpose of wearing the watch in the first place, i.e., it would block the view of the watch face. The Examiner provides no reason why one might want to wear Appeal 2019-002769 Application 15/394,769 13 a watch, yet block its view. Appellant also questions the wearing of an electronic display “that will not be viewed.” Appeal Br. 28, Reply Br. 8. Again, we are reminded of the above instructions to the effect that obviousness rejections cannot be conclusory, but instead, “there must be some articulated reasoning with some rational underpinning to support the legal conclusion of obviousness.” KSR, 550 U.S. at 418. Accordingly, we do not sustain the Examiner’s rejection of claim 12 as being obvious in view of Ishihara. We likewise do not sustain the rejection of dependent claim 16, which was not separately argued. See supra. CLAIM 13 Claim 13 depends from claim 12 and Appellant contends that claim 13 “is allowable for the reasons discussed above in connection with claim 12.” Because we do not sustain the Examiner’s rejection of parent claim 12, we likewise do not sustain the Examiner’s rejection of dependent claim 13 as being obvious in view of Ishihara for similar reasons. CLAIM 14 Claim 14 depends from claim 12 and we likewise do not sustain the rejection of dependent claim 14. However, in the interest of judicial economy, we wish to address the recitation in claim 14 requiring that “the open panel holding frames are formed of elastic material.” Appellant disputes that this frame construction is taught by Ishihara. See Appeal Br. 28; see also Reply Br. 8 (“the ‘frame’ 23 of the applied prior art is a ‘semi-rigid’ structure of nylon and polyurethane”). The Examiner, on the other hand, references Ishihara Paragraphs 38 and 39 regarding the frame’s construction. See Final Act. 9, Ans. 7. Paragraph 38 of Ishihara indeed describes a “semi-rigid material” that may form Ishihara’s frame. Appeal 2019-002769 Application 15/394,769 14 Paragraph 39 of Ishihara, on the other hand, states that frame “23 may also be formed from filaments, fibers, or yarns that reinforce aperture 22.” To be clear, Ishihara’s wristband 20 “defines an aperture 22” (Ishihara ¶ 38) and this wristband 20 itself is defined as being formed of “elastic fiber that enhances the stretch and recovery properties of wristband 20.” Ishihara ¶ 26. Thus, Ishihara’s disclosure that frame 23 may be formed from the material forming aperture 22 (and hence forming wristband 20 too) is a disclosure that this frame 23 material may, likewise, be constructed of elastic fibers. Thus, Appellant’s arguments made with respect to the additional limitations of claim 14 are not, in and of themselves, persuasive of Examiner error. However, as above, because we do not sustain the rejection of parent claim 12, we likewise do not sustain the rejection of dependent claim 14. CLAIM 15 Claim 15 depends from claim 12, and further recites “wherein at least one of the panels is formed of two separate facing halves coupled together.” Although we do not sustain the Examiner’s rejection of parent claim 12 as indicated above, we will further address the Examiner’s specific rejection of claim 15. See Final Act. 10. The Examiner states that Ishihara’s “panels (30aʹ or 30bʹ) is formed of two separate facing halves coupled together (rear surface, not shown, and front surface with display).” Final Act. 10; see also Ans. 8 (“panels 30 of Ishihara have a front half that is a screen, and a back half to enclose the electronics in a moisture resistant manner [0043]”). Appellant disagrees stating “this is simply not found in the applied art structure.” Appeal Br. 29, Reply Br. 9. Appeal 2019-002769 Application 15/394,769 15 Ishihara’s disclosure of the construction of its electronic device is inconclusive. Indeed, Ishihara references “[a]n upper portion/surface of case 31” (see Ishihara ¶ 43), but there is no further disclosure or illustration of how this case is assembled, or otherwise put together. While it may be reasonable to presume that Ishihara’s case 31 is constructed from top and bottom halves, such method of construction is merely speculation since Ishihara is silent on this point. When addressing such matters, we have been instructed that: The Patent Office has the initial duty of supplying the factual basis for its rejection. It may not, because it may doubt that the invention is patentable, resort to speculation, unfounded assumptions or hindsight reconstruction to supply deficiencies in its factual basis. To the extent the Patent Office rulings are so supported, there is no basis for resolving doubts against their correctness. Likewise, we may not resolve doubts in favor of the Patent Office determination when there are deficiencies in the record as to the necessary factual bases supporting its legal conclusion of obviousness. In re Warner, 379 F.2d 1011, 1017 (CCPA 1967). Here, lacking any specificity in Ishihara as to the method of construction involved, we must conclude there was a “resort to speculation unfounded assumptions or hindsight reconstruction to supply deficiencies” in the factual basis the Examiner relied upon. Accordingly, for this additional reason, we do not sustain the Examiner’s rejection of claim 15 as being obvious in view of Ishihara. CLAIMS 17–20 Regarding independent claim 17 and its dependent claims 18–20, Appellant argues that these claims “include limitations discussed above in connection with at least one of claims 1–16 and the claims are allowable for Appeal 2019-002769 Application 15/394,769 16 the same reasons as discussed above.” Appeal Br. 30. To the extent that any of these claims recite limitations appearing in other claims that have been separately argued, our analysis of those arguments apply as above. Claim 17 recites “wherein each panel holding frame is one of a “generally ‘C’ shaped cross section” or “includes a retaining bead that is received within a matching groove” in the associated panel. Claim 12 includes this limitation, and we note that Appellant did not present any argument directed to that limitation in arguing for the patentability of claim 12. See Appeal Br. 27–28. Accordingly, it may be assumed that the argument is not made as to claim 17 either. In any event, the Examiner relies on the second alternative stating that Ishihara “includes a retaining bead 23 that is received within a matching groove (35, between 32a and 32b).” Final Act. 6. Indeed a review of Ishihara’s Figures 4 and 5 illustrate this type of interconnection. See also Ishihara ¶ 42. No other arguments directed to any limitation in claim 17 were found persuasive of Examiner error. Accordingly, we are not apprised of any error in the Examiner’s rejection of claim 17. Claim 19 includes the same limitation as found in claim 15, directed to a panel being formed of two halves coupled together. As noted with respect to claim 15, the finding that Ishihara discloses this limitation involves resort to speculation unfounded assumptions or hindsight reconstruction to supply deficiencies. Accordingly, we do not sustain the rejection of claim 19. Thus, based on the record presented, we sustain the Examiner’s rejection of claims 17, 18, and 20 as being obvious in view of Ishihara, and do not sustain the similar rejection of claim 19. Appeal 2019-002769 Application 15/394,769 17 CONCLUSION In summary: Claims Rejected 35 U.S.C. § Reference(s)/Basis Affirmed Reversed 1–9, 11–20 103 Ishihara 1, 2, 4, 5, 8, 11, 17, 18, 20 3, 6, 7, 9, 12– 16, 19 No 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 IN PART Copy with citationCopy as parenthetical citation