Ex Parte Brunner et al

Patent Trial and Appeal Board

Apr 19, 2017

11922583 (P.T.A.B. Apr. 19, 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.
11/922,583 12/18/2007 Martin Brunner 2005P01042WOUS 7386
46726 7590 04/21/2017
RS»H Home. Annlianrp.s Pomoratinn
EXAMINER
100 Bosch Boulevard
NEW BERN, NC 28562
PEYTON, DESMOND C
ART UNIT PAPER NUMBER
3749
NOTIFICATION DATE DELIVERY MODE
04/21/2017 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):
MBX-NBN-IntelProp@bshg.com
PTOL-90A (Rev. 04/07)
UNITED STATES PATENT AND TRADEMARK OFFICE
BEFORE THE PATENT TRIAL AND APPEAL BOARD
Ex parte MARTIN BRUNNER and
MANFRED HINTERMAYER
Appeal 2015-004754
Application 11/922,583
Technology Center 3700
Before: STEFAN STAICOVICI, WILLIAM A. CAPP, and
LEE L. STEPINA, Administrative Patent Judges.
STEPINA, Administrative Patent Judge.
DECISION ON APPEAL
STATEMENT OF THE CASE
Appellants appeal under 35 U.S.C. § 134 from the Examiner’s
decision to reject claims 14, 15, 18—27, and 29-43. We have jurisdiction
under 35 U.S.C. § 6(b).
We REVERSE.
Appeal 2015-004754
Application 11/922,583
CLAIMED SUBJECT MATTER
The claims are directed to a telescoping pull-out device. Independent
claims 14 and 26, reproduced below with emphasis added, are illustrative of
the claimed subject matter.
14. A telescoping pull-out device for household
appliances and furniture, the telescoping pull-out device
comprising:
a first carrier element;
a carrier catch element formed in the first carrier element;
a first telescoping rail movably supported on the first
carrier element, the first telescoping rail being movable between
an extended position in which the first telescoping rail is
extended outwardly relative to the first carrier element and a
retracted position in which the first telescoping rail is retracted
relative to the first carrier element;
a closure component that is part of the first telescoping
rail; the closure component having a projection projecting
upwardly at an upper portion of the closure component; and
a closure component catch element formed onto the
closure component, the closure component catch element
engaging the carrier catch element when the first telescoping rail
in its retracted position,
wherein the first telescoping rail moves between its
extended position and its retracted position along a rail
movement axis, the first telescoping rail includes a distal end that
is the end of the first telescoping rail that is furthest away from
the carrier element when the first telescoping rail is in its
extended position, and the closure component is formed at the
distal end of the first telescoping rail.
26. A cooking appliance comprising:
a body for receiving an item to be cooked; and
a telescoping pull-out device mounted to the body, the
telescoping pull-out device including:
a first carrier element;
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Appeal 2015-004754
Application 11/922,583
a carrier catch element formed in the first carrier
element;
a first telescoping rail movably supported on the
first carrier element, the first telescoping rail being
movable between an extended position in which the first
telescoping rail is extended outwardly relative to the first
carrier element and a retracted position in which the first
telescoping rail is retracted relative to the first carrier
element;
a closure component that is part of the first
telescoping rail; the closure component having a
projection projecting upwardly at an upper portion of the
closure component; and
a closure component catch element formed onto the
closure component, the closure component catch element
engaging the carrier catch element when the first
telescoping rail in its retracted position,
wherein the first telescoping rail moves between its
extended position and its retracted position along a rail
movement axis, the first telescoping rail includes a distal end that
is the end of the first telescoping rail that is furthest away from
the carrier element when the first telescoping rail is in its
extended position, and the closure component is formed at the
distal end of the first telescoping rail.
The prior art relied upon by the Examiner in rejecting the claims on
REFERENCES
appeal is:
Jahrling
Lin
Erdmann
US 6,976,597 B2 Dec. 20, 2005
US 2004/0174101 A1 Sept. 9, 2004
US 2006/0065265 A1 Mar. 30, 2006
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Appeal 2015-004754
Application 11/922,583
REJECTIONS
I. Claims 14, 15, 19-25, and 39 are rejected under 35 § U.S.C.
102(a) as anticipated by Lin.
II. Claim 18 is rejected under 35 U.S.C. § 103(a) as unpatentable
over Lin.
III. Claims 38 and 41 are rejected under 35 U.S.C. § 103(a) as
unpatentable over Lin and Jahrling.
IV. Claims 26, 27, 29-36, 40, 42, and 43 are rejected under 35
U.S.C. § 103(a) as unpatentable over Lin and Erdmann.
V. Claim 37 is rejected under 35 U.S.C. § 103(a) as unpatentable
over Lin, Erdmann, and Jahrling.
OPINION
Rejection I
The Examiner finds that Lin discloses all of the elements recited in
claim 14, and with respect to the recited first carrier element, the Examiner
finds slide rack 3 corresponds to this element. Final Act. 2-4. The
Examiner finds that suction tray 21, depicted in Figure 1 of Lin, corresponds
to the recited carrier catch element formed in the first carrier element. Final
Act. 2.
Appellants argue that suction tray 21 is not formed in slide track 3
because suction tray 21 is part of buffer assembly 2, which is disposed on
top of slide rack 3. Appeal Br. 9.
In response, the Examiner explains the interpretation of the word “in”
applied in the rejection of claim 14, stating:
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Appeal 2015-004754
Application 11/922,583
The definition of the word “in” upon which the examiner
relies is: at or to a location that is near to something or that
seems near to something, Merriam Webster,
LearnersDictionary.com. Examiner further notes that
“formed in the first carrier element” is claiming how it’s
made. In an apparatus claim like claims 14 and 26 the end
product is considered and not the process by which it’s made
or formed.
Ans. 4. Based on this interpretation, the Examiner reiterates that suction
tray 21 of Lin satisfies the requirements of the carrier catch element recited
in claim 14. Ans. 4.
Appellants contend that the appropriate interpretation of the word “in”
in claim 14 is “included as part of.” Reply Br. 3^4. Thus, according to
Appellants, suction tray 21 is not “in” slide rack 3 of Lin. Id.
During examination of a patent application, pending claims are given
their broadest reasonable construction consistent with the Specification. In
re Am. Acad. ofSci. Tech Ctr., 367 L.3d 1359, 1364 (Led. Cir. 2004).
“While the Board must give the terms their broadest reasonable construction,
the construction cannot be divorced from the specification and the record
evidence.” In re NTP, Inc., 654 L.3d 1279, 1288 (Led. Cir. 2011).
The Specification describes catch element 16 in a manner consistent
with Appellants’ proffered definition of “in,” stating, “Punched or formed
into the front end area of the carrier element 20 is a catch element 16
embodied as a latching lug which engages with a knob-shaped catch
element 14 which is formed on the closure part 18.” Spec. 5. Neither the
Specification nor figures present catch element 16 in a position outside of
carrier element 20. In light of the Specification, we find the Examiner’s
definition of the word “in” as used in claim 14 to be unreasonably broad.
This overly broad definition led to the Examiner’s finding that suction
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Appeal 2015-004754
Application 11/922,583
tray 21 depicted in Figure 1 of Lin corresponds to the recited carrier catch
element formed in the first carrier element. We agree with Appellants’
proffered definition that the term “in” as used in claim 14 means “included
as part of.” As shown in Figure 1 of Lin, suction tray 21 is not part of slide
rack 3. Accordingly, we reverse the rejection of claim 14 and claims 15, 19—
25, and depending therefrom as anticipated by Lin.
Rejections II and III
Rejections II and III suffer from the same deficiency as Rejection I
(Final Act. 6—7), and for the reasons discussed above regarding Rejection I,
we also reverse Rejections II and III, as the Examiner’s modification of Lin
and use of Jahrling’s disclosure does not remedy the deficiency of Lin
discussed supra.
Rejections IV and V
Independent claim 26 recites the same features discussed above
regarding the rejection of independent claim 14. Rejections IV and V suffer
from the same deficiency as Rejection I (Final Act. 8—13), and for the
reasons discussed above regarding Rejection I, we also reverse Rejections
IV and V, as the Examiner’s use of Erdmann’s and Jahrling’s disclosures
does not remedy the deficiency of Lin discussed supra.
DECISION
The Examiner’s decision to reject claims 14, 15, 18—27, and 29-43 is
reversed.
REVERSED
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