Ex Parte Blanton et al

Patent Trial and Appeal Board

Mar 9, 2016

13410606 (P.T.A.B. Mar. 9, 2016)

UNITED STA TES p A TENT AND TRADEMARK OFFICE
APPLICATION NO. FILING DATE
13/410,606 03/02/2012
30853 7590 03/10/2016
WARN PARTNERS, P,C
POBOX70098
ROCHESTER HILLS, MI 48307
FIRST NAMED INVENTOR
Robin Blanton
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
ATTORNEY DOCKET NO. CONFIRMATION NO.
DEA-00003-COC 9527
EXAMINER
HUYNH,KIMT
ART UNIT PAPER NUMBER
2185
MAILDATE DELIVERY MODE
03/10/2016 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 ROBIN BLANTON, ROGER LEON VAN ELSLANDER and
DAVID M. SUCH
Appeal2014-004302
Application 13/410,606
Technology Center 2100
Before THU A. DANG, JEFFREY A. STEPHENS, and
JAMES W. DEJMEK, Administrative Patent Judges.
DANG, Administrative Patent Judge.
DECISION ON APPEAL
Appeal2014-004302
Application 13/410,606
I. STATEivIENT OF THE CASE
Appellants appeal under 35 U.S.C. § 134(a) from the Final Rejection
of claims 1---6, and 8-24. Claim 7 has been canceled. We have jurisdiction
under 35 U.S.C. § 6(b ).
We AFFIRM.
A. INVENTION
According to Appellants, the invention relates to a "protocol adapter
for transferring diagnostic signals between a vehicle network and a
computer" (Abst.).
B. ILLUSTRATIVE CLAIM
Claim 1 is exemplary:
1. A protocol adapter for transferring diagnostic signals between a
vehicle network and a computer comprising;
a vehicle connector interfaced with said vehicle network;
a common connector plate connected to said vehicle
connector by a plurality of pads; and
a common electronics package interfaced with said
common connector plate, wherein said common electronics
package wirelessly transmits said diagnostic signals from said
vehicle network to said computer;
a housing enclosing said common electronics package,
wherein said housing and said common electronics package are
permanently connected to the vehicle network and said housing
seals the common electronics package from environmental
elements.
2
Appeal2014-004302
Application 13/410,606
C. REJECTION
The prior art relied upon by the Examiner in rejecting the claims on
appeal is:
Cinzori et al.
Alfaro et al.
McGrath et al.
Sparks et al.
Lowrey et al.
us 4,799,309
us 5,646,865
us 5,800,025
US 6,338,010 Bl
US 7,228,211 Bl
Jan.24, 1989
July 8, 1997
Sept. 1, 1998
Jan. 8,2002
June 5, 2007
Claims 1, 3---6, 9--12, 14--16, 18, and 19 stand rejected under 35 U.S.C.
§ 103(a) as being unpatentable over Alfaro, Lowrey, and Cinzori.
Claims 8, 17, 20, and 22-24 stand rejected under 35 U.S.C. § 103(a)
as being unpatentable over Alfaro, Lowrey, Cinzori, and McGrath.
Claims 2, 13, and 21 stand rejected under 35 U.S.C. § 103(a) as being
unpatentable over Alfaro, Lowrey, Cinzori, McGrath, and Sparks.
II. ISSUE
The principal issue before us is whether the Examiner erred in finding
the combination of Lowrey with Alfaro and Cinzori teaches or would have
suggested a "protocol adapter" comprising a "housing enclosing said
common electronics package" that "seals the common electronic package
from environmental elements" (Claim 1 (emphasis added)).
III. FINDINGS OF FACT
The following Findings of Fact (FF) are shown by a preponderance of
the evidence.
3
Appeal2014-004302
Application 13/410,606
Lowrey
Lowrey discloses a telematics device for vehicles with an interface for
multiple peripheral devices, wherein Figure 4 is reproduced below:
/" :5~ _,.,.
L ...... ---·)
,./ ,.
. 1 f "~~;;;~;~;A:;i~-~~~~;;~~;~:;"~ T I""'
l . e<;m~X'fl*t~ i Corn~"'"''~ i j !'; .. ;~ .. ·~ ~,.
'···--··-·····\······- ····""""·········"''<'.:;··"·· .......... , ~\\!:~?·'' ··~,/·
.,..; ' . '--.-,,-.....-•• -.--.-.-..,.'(,.-.,-.,-.,..,,....__.I