Ex Parte Bernklau

Patent Trial and Appeal Board

Nov 26, 2013

12228482 (P.T.A.B. Nov. 26, 2013)

UNITED STATES PATENT AND TRADEMARKOFFICE
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.
12/228,482 08/13/2008 James Bernklau 3301.0095 6099
152 7590 11/26/2013
CHERNOFF, VILHAUER, MCCLUNG & STENZEL, LLP
601 SW Second Avenue
Suite 1600
PORTLAND, OR 97204-3157
EXAMINER
PHAN, HUY Q
ART UNIT PAPER NUMBER
2867
MAIL DATE DELIVERY MODE
11/26/2013 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 JAMES BERNKLAU
____________

Appeal 2011-009642
Application 12/228,482
Technology Center 2800
____________

Before CHUNG K. PAK, PETER F. KRATZ, and
JEFFERY T. SMITH, Administrative Patent Judges.

KRATZ, Administrative Patent Judge.

DECISION ON APPEAL
This is a decision on an appeal under 35 U.S.C. § 134 from the
Examiner’s second or subsequent rejection of claims 1-11. We have
jurisdiction pursuant to 35 U.S.C. § 6.

Appeal 2011-009624
Application 12/228,482

2
Appellant’s claimed invention is directed to a current transformer and
a device for monitoring current in a power cable including a current
transformer, wherein the current transformer includes a first magnetically
permeable core portion consisting of an elongate base and first and second
legs projecting substantially normally from first and second ends of said
base, a bobbin affixed to the base of the first core portion and including a
portion substantially encircling a cross-section of the base, a winding
conductor including a portion wound on the bobbin and encircling the cross-
section of the base, and a second magnetically permeable core portion
including a hinged connection with the first core portion enabling relative
rotation thereof about the hinged connection. Further details are evident
upon review of claim 1, which is illustrative and reproduced below:
1. A current transformer comprising:
(a) a first magnetically permeable core portion consisting of an
elongate base having a cross-section, a first leg projecting substantially
normal to said base proximate a first end of said base and terminating at a
first leg end distal of said base and a second leg projecting substantially
normal to said base proximate a second end of said base and terminating at a
second leg end distal of said base and spaced apart from said first leg end;
(b) a bobbin affixed to said base of said first core portion and
including a portion substantially encircling said cross-section of said base;
(c) a winding conductor including a portion wound on said bobbin and
encircling said cross-section of said base; and
(d) a second magnetically permeable core portion including a hinged
connection with said first core portion enabling relative rotation of said first
core portion and said second core portion about said hinged connection,
relative rotation of said first core portion and said second core portion
enabling conjoining of said first leg and said second leg and said second core
portion, said first and said second core portions defining an aperture when
said first leg and said second leg are proximate said second core portion, and
relative rotation of said first core portion and said second core portion about
said hinged connection enabling separation of said second leg and said
second core portion.
Appeal 2011-009624
Application 12/228,482

3

The Examiner relies on the following prior art references as evidence
in rejecting the appealed claims:
Hahn US 4,851,803 Jul. 25, 1989
Berkcan US 6,018,239 Jan. 28, 2000
Takeuchi US 6,118,077 Sep. 12, 2000
Holce US 6,950,292 B2 Sep. 27, 2005

The Examiner maintains the following grounds of rejection1:
Claims 1-3 stand rejected under 35 U.S.C. § 103(a) as being
unpatentable over Hahn in view of Berkcan. Claims 4-10 stand rejected
under 35 U.S.C. § 103(a) as being unpatentable over Hahn in view of
Berkcan, and Holce. Claim 11 stands rejected under 35 U.S.C. § 103(a) as
being unpatentable over Hahn in view of Berkcan, Holce, and Takeuchi.
We reverse the stated rejections. Our reasoning follows.
Concerning the base rejection pertaining to claims 1-3, the Examiner
maintains that Hahn discloses a current transformer that includes, inter alia,
(Ans. 4):
a second core portion (38) including a hinged connection (50)
with said first core portion (36) enabling relative rotation of
said first core portion and said second core portion about said
hinged connection, relative rotation of said first core portion
and said second core portion enabling conjoining of said first
leg and said second leg and said second core portion (as shown
in figures 2-5 and disclosed in col. 4, line 62 through col. 5, line
6), said first and said second core portions (36 and 38) defining
an aperture when said first leg and said second leg are
proximate said second core portion, and relative rotation of said
first core portion and said second core portion about said

1 A previously lodged written description rejection under the first paragraph
of 35 U.S.C. § 112 has been withdrawn by the Examiner (Ans. 3).
Appeal 2011-009624
Application 12/228,482

4
hinged connection enabling separation of said second leg and
said second core portion (as shown in figures 2 and 5).

However, the Examiner has not reasonably established where or how
Hahn discloses or suggests that the hinge 50, which rotationally joins a
locking tab 46 to a portion of a cover along arc 55, is structured to provide
relative rotation between a first magnetically permeable core portion and a
second magnetically permeable portion of the breaker box monitor of Hahn
and in a manner so as to be capable of providing the functions set forth in
item (d) of claim 1 for reasons argued by Appellants (App. Br. 5 and 6;
Reply Br. 1-3; Hahn, col. 3, ll. 10-20, 43-62, col. 4, ll. 7-45; Figs. 2, 3, 4A-
E).
In addition, the Examiner relies on Berkcan for a bobbin structure and
its arrangement relative to the base of a first magnetically permeable core
portion, as required by claim 1 and which structure the Examiner has
determined is not found in Hahn (Ans. 4 -5). However, the Examiner has
not reasonably established that the relied upon bobbin (72) and core portion
(70) of Berkcan, which is not described or clearly depicted as providing for
the bobbin (72) as being affixed to a base of the core portion (70) of Berkcan
corresponds to the bobbin structural arrangement relative to the base of a
magnetically permeable core portion as required by claim 1 for reasons
articulated by Appellants (App. Br. 6-8; Reply Br. 4-6; Berkcan, Figs. 1-3).
Consequently, the Examiner has not carried the burden to establish a
prima facie case of obvious as to the subject matter embraced by claim 1.
Accordingly, we reverse the Examiner’s first stated obviousness rejection on
this appeal record.
Appeal 2011-009624
Application 12/228,482

5
Nor has the Examiner articulated how the additional references
applied in the separate rejections of claims 4-11 make-up for the deficiencies
in the applied references teachings carried forward from the base rejection.
It follows that we shall reverse the subsidiary rejections pertaining to claims
4-11.
CONCLUSION
The Examiner’s decision to reject the appealed claims is reversed.

REVERSED

sld