Ex Parte Archuleta

Patent Trial and Appeal Board

Sep 14, 2017

13733410 (P.T.A.B. Sep. 14, 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.
1000-2893 8040
EXAMINER
SZAFRAN, BRIE ANNA TARAH LARELL
ART UNIT PAPER NUMBER
3765
MAIL DATE DELIVERY MODE
13/733,410 01/03/2013
7590
Ortiz & Lopez, PLLC
P.O. Box 4484
Albuquerque, NM 87196
09/14/2017
Anthony Archuleta
09/14/2017 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 ANTHONY ARCHULETA1
Appeal 2016-001741
Application 13/733,410
Technology Center 3700
Before STEFAN STAICOVICI, JAMES P. CALVE, and
ANTHONY KNIGHT, Administrative Patent Judges.
CALVE, Administrative Patent Judge.
DECISION ON APPEAL
STATEMENT OF THE CASE
Appellant appeals under 35 U.S.C. § 134(a) from the Final Action
rejecting claims 1, 3, 5, 6, 8, 9, 11, 14, 17, and 18. Appeal Br. 2. We have
jurisdiction under 35 U.S.C. § 6(b).
We REVERSE.
1 Appellant identifies the real party in interest as Mesa Digital, LLC. Appeal
Br. 2.
Appeal 2016-001741
Application 13/733,410
CLAIMED SUBJECT MATTER
Appellant discloses a protective knee pad that can be attached to a
base that includes rollers and a roller braking system. See Spec. 12.
Claims 1,11, and 17 are independent. Claim 1 is reproduced below.
1. An improved knee pad system, comprising:
a knee pad attached to a base including at least three
integrated roller halls, wherein the at least three integrated roller
balls facilitate movement of the knee pad over a flat surface
when worn by a user; and
a locking mechanism disposed between at least two
integrated roller balls of said at least three integrated roller
balls, said locking mechanism selectively preventing said at
least two integrated roller balls from moving within said base
when said locking mechanism is physically engaged with said
at least two integrated roller halls by the user.
REJECTION
Claims 1, 3, 5, 6, 8, 9, 11, 14, 17, and 18 are rejected under 35 U.S.C.
§ 103(a) as unpatentable over Croshaw (US 6,145,853, iss. Nov. 14, 2000)
and Goldman (US 5,464,235, iss. Nov. 7, 1995).
ANALYSIS
The Examiner found that Croshaw discloses a knee pad as recited in
independent claims 1,11, and 17, including at least three roller balls (wheels
8), but lacks a locking mechanism. Final Act. 3^4. The Examiner found
that Goldman teaches a skate with a locking mechanism. Id. at 4—5. The
Examiner determined that it would have been obvious to a skilled artisan to
provide the knee pad of Croshaw with such a locking mechanism to add a
braking system that permits walking without rolling. Id. at 5. The Examiner
reasoned that Goldman teaches that such braking systems permit walking
without rolling when desired by locking the brakes on the device. Ans. 5—6.
2
Appeal 2016-001741
Application 13/733,410
Appellant argues that Croshaw and Goldman disclose four in-line
wheels that are not roller balls and do not function like roller balls. Appeal
Br. 7. Appellant argues that Appellant’s roller balls move similarly to roller
balls in ballpoint pens and trackballs in a computer mouse. Id. Appellant
also argues that the claimed roller balls are similar in operation to a roller-
ball on a computer mouse or a ball in a ball point pen where movement is
not restricted in contrast to the longitudinally-aligned wheels of Croshaw
and Goldman. Reply Br. 2.
We interpret “roller balls” to mean “a round spherical body or mass
that can move in any direction.” This meaning is consistent with an ordinary
meaning of “ball,” which includes “a round or roundish body or mass: such
as a spherical or ovoid body used in a game or sport.” See Definition of ball
by Merriam-Webster at http://www.merriam-webster. com/dictionary/ball
(last viewed August 29, 2017). It is consistent with an ordinary meaning of
“roll” which includes “to cause to move in a circular manner” and “to impel
forward by causing to turn over and over on a surface.” See Definition of
roll by Merriam-Webster at http://www.merriam-webster.com/dictionary/
roll (last viewed August 31, 2017).
This meaning is consistent with the claim language, which recites “at
least three integrated roller balls, wherein the at least three integrated roller
balls facilitate movement of the knee pad over a flat surface when worn by a
user.” Appeal Br. 11 (Claims Appendix (emphasis added)).2
2 Claim 11 recites a knee pad and “said base including at least three roller
balls integrated into an exterior surface.” Claim 17 recites “a base including
integrated roller balls on an exterior surface of the base.” Id. at 11—12.
3
Appeal 2016-001741
Application 13/733,410
Our interpretation is consistent with Appellant’s Specification, which
discloses a knee pad attachable to a base that includes rollers and a braking
system. Spec. 12. The integrated rollers 120 facilitate movement on a flat
surface. Id. 116. The Specification discloses that the rollers are “similar to
a roller ball found on some computer mouse systems or similar to the roller
ball concept used on wiring pens and some personal hygiene antiperspirant
applicators.” Id. Appellant further discloses that
the rollers 120, similar to roller balls on a computer mouse, will
actually be held within the base 115 more than half way (more
than half the diameter of the roller balls) to prevent them from
popping out of the base 115.
Spec. 118, see id. 116. The drawings depict three integrated rollers 120 as
circular in shape from a front view (Fig. 1) and side view (Fig. 3). Figure 3
depicts portions of roller balls 120 as integrated in base 115 by dashed lines.
A skilled artisan would understand rollers 120 to be spherical objects
that have a constant diameter (every point on its surface is equidistant from
its center) so they can roll in any direction when integrated (e.g., embedded
by more than half of their diameter or their volume) in base 115. Spec. 116.
We also interpret “integrated” to mean that rollers 120 are “united with the
base by having more than half of their diameter or volume embedded in the
base to form a unified whole.” This meaning is consistent with an ordinary
meaning of “integrated” which includes “to form, coordinate, or blend into a
functioning or unified whole” “to unite with something else” and “to
incorporate into a larger unit.” See Definition of integrated by Merriam-
Webster at http://www.merriam-webster.com/dictionary/integrated (last
viewed Aug. 31, 2017). By claiming rollers 120 as “roller balls,” Appellant
has indicated an intent to limit the claims to spherical balls.
4
Appeal 2016-001741
Application 13/733,410
We agree with Appellant that neither Croshaw nor Goldman discloses
roller balls that are integrated into a base member to facilitate movement of
the knee pad over a flat surface as claimed. Croshaw and Goldman disclose
wheels (Croshaw, element 8; Goldman, elements 11—15) that are circular in
shape with a semi-spherical outer surface that facilitates movement over
horizontal surfaces, as claimed. These prior art wheels lack a shape or outer
surface of a ball that is completely round and completely spherical. Nor are
these wheels “integrated” into a base element by being embedded by more
than half of their diameter or volume in the base as required by the claims.
Instead, the wheels are secured between two vertical, planar elements by
axles or pins that allow the wheels to rotate relative to the planar elements.
The wheels therefore cannot be said to be integrated into a base element or
into any other element.
Thus, we do not sustain the rejection of claims 1, 3, 5, 6, 8, 9, 11, 14,
17, and 18.
DECISION
We reverse the rejection of claims 1, 3, 5, 6, 8, 9, 11, 14, 17, and 18.
REVERSED
5