Ex Parte Augsburger

Patent Trial and Appeal Board

Mar 1, 2018

13781506 (P.T.A.B. Mar. 1, 2018)

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.
13/781,506 02/28/2013 Scott W. Augsburger BRO-017 (3134.1.US) 1037
90864 7590 03/05/2018
Brocade Communications
c/o Bever, Hoffman & Harms, LLP
39500 Stevenson Place
Suite 209
Fremont, CA 94539
EXAMINER
MORRISON, RASHEN E
ART UNIT PAPER NUMBER
2835
NOTIFICATION DATE DELIVERY MODE
03/05/2018 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):
creddick @ be verlaw .com
PTOL-90A (Rev. 04/07)
UNITED STATES PATENT AND TRADEMARK OFFICE
BEFORE THE PATENT TRIAL AND APPEAL BOARD
Ex parte SCOTT W. AUGSBURGER
Appeal 2017-002452
Application 13/781,506
Technology Center 2800
Before CATHERINE Q. TIMM, WESLEY B. DERRICK, and
CHRISTOPHER L. OGDEN, Administrative Patent Judges.
OGDEN, Administrative Patent Judge.
DECISION ON APPEAL
Appellant1 appeals under 35 U.S.C. § 134(a) from the Examiner’s
final decision rejecting claims 1-27 in the above-identified application.2 We
have authority pursuant to 35 U.S.C. § 6(b). We reverse.
1 Appellant is the Applicant, Brocade Communications Systems, Inc., which,
according to the Appeal Brief, is the real party in interest. Appeal Brief 4,
May 31, 2016 [hereinafter Appeal Br.].
2 Final Office Action, July 30, 2015 [hereinafter Final Action]; Examiner’s
Answer, Oct. 11, 2016 [hereinafter Answer]; see also Appeal Br.; Reply
Brief, Nov. 30, 2016 [hereinafter Reply Br.].
Appeal 2017-002452
Application 13/781,506
BACKGROUND
Appellant’s invention “relates to a method and structure for retaining
a memory card on a printed circuit board.” Spec.3 ^ 2.
Representative claim 1 is as follows:
1. A tray for housing a printed circuit board having a
removable module engaged therewith, the tray comprising:
a planar portion; and
a first form including a depressed region extending
from the planar portion, wherein the first form is
dimensioned and located to receive the module as the
printed circuit board, with the module already engaged
therewith, is coupled to the tray, and wherein the first
form is dimensioned to prevent the module from moving
enough to become disengaged with the printed circuit
board while the printed circuit board is coupled to the
tray.
Appeal Br. 24 (emphasis of key limitation added). Claims 7, 11, 17, 21, and
25 are also independent, and recite limitations substantially similar to that
emphasized above in claim 1. See id. at 25-29.
The Examiner maintains the following grounds of rejection:
1. Claims 1, 3-5, and 7 are rejected under 35 U.S.C. § 102(b) as
being anticipated by Feng.4 See Final Action 2-3.
2. Claims 2, 6, 8, and 10-27 are rejected under 35 U.S.C. § 103(a)
as being unpatentable over Feng in view of Schremmer.5 See id. at 4-12.
3 Specification, Feb. 28, 2013 [hereinafter Spec.].
4 Feng et al., US 2007/0037431 A1 (published Feb. 15, 2007).
5 Schremmer, US 6,494,745 B1 (issued Dec. 17, 2002).
2
Appeal 2017-002452
Application 13/781,506
DISCUSSION
The Examiner finds that Feng teaches every element of claim 1. See
Final Action 2 (citing Feng. 20-21, Fig. 2, 6). Feng discloses a device as
shown in Figure 1 below:
FIG, 1
Feng’s Figure 1 depicts “a surface contact card holder 100 for a SIM card 20
incorporated in a mobile phone . . . 200.” Feng ^ 18. SIM card 20 fits into
frame 30. Id. ^ 21. The phone has main body 10 with surface 111, receiving
cavity 12, and cutout 15 for receiving frame 30 with SIM card 20. Id.
18-21. Behind cutout 15 and on the underside 113 (not shown) of surface
3
Appeal 2017-002452
Application 13/781,506
111 is sliding groove 14, (also not shown). See id. Underside surface 113
and sliding groove 14 can be seen in Figure 2, a relevant portion of which is
reproduced below:
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