Ex Parte Daniels et al

Patent Trial and Appeal Board

Jun 19, 2018

11526215 (P.T.A.B. Jun. 19, 2018)

UNITED STA TES p A TENT AND TRADEMARK OFFICE
APPLICATION NO. FILING DATE
11/526,215 09/21/2006
20995 7590 06/21/2018
KNOBBE MARTENS OLSON & BEAR LLP
2040 MAIN STREET
FOURTEENTH FLOOR
IRVINE, CA 92614
UNITED ST A TES OF AMERICA
FIRST NAMED INVENTOR
William B. Daniels II
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.
DANIB0.030A 9657
EXAMINER
PROBST, SAMANTHA A
ART UNIT PAPER NUMBER
3743
NOTIFICATION DATE DELIVERY MODE
06/21/2018 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):
j ayna.cartee@knobbe.com
efiling@knobbe.com
PTOL-90A (Rev. 04/07)
UNITED STATES PATENT AND TRADEMARK OFFICE
BEFORE THE PATENT TRIAL AND APPEAL BOARD
Ex parte WILLIAM B. DANIELS II and CAROLINA O'HAGIN
Appeal2017-006469
Application 11/526,215
Technology Center 3700
Before STEVEN D.A. McCARTHY, LISA M. GUIJT, and
NATHAN A. ENGELS, Administrative Patent Judges.
GUIJT, Administrative Patent Judge.
DECISION ON APPEAL
Appellants appeal under 35 U.S.C. § 134(a) from the Examiner's
rejection 1 of claims 36-41 and 57---64 under 35 U.S.C. § 103(a) as
unpatentable over York (US 6,695,692 Bl; issued Feb. 24, 2004) and Clenet
(US 5,081,912; issued Jan. 21, 1992). We have jurisdiction under 35 U.S.C.
§ 6(b).
We reverse.
1 Appeal is taken from the Final Office Action dated Jan. 20, 2016.
Appeal2017-006469
Application 11/526,215
STATEMENT OF THE CASE
Claims 3 6, 63, and 64 are the independent claims on appeal. Claim
36, reproduced below, is exemplary of the subject matter on appeal.
36. A roof field vent comprising:
a vent member having at least a portion configured to be
installed on a roof deck of a roof, the vent member separate from
the roof deck and including first opening and a second opening,
said portion of the vent member configured to be secured at an
aperture extending through a thickness of the roof deck so that
air can flow along a first flow path through the aperture and the
first opening or along a second flow path through the aperture
and the second opening, each of the first and second flow paths
extending between an exterior region above the roof and an
interior region below the roof, the interior region at least partially
bounded by the roof deck;
a vent door operatively connected to the vent member, the
vent door having an open position in which the vent door permits
airflow along the first flow path and through the first opening and
a closed position in which the vent door substantially prevents
airflow along the first flow path and through the first opening;
and
an actuator configured to move the vent door between the
open and closed positions based on ambient temperature;
wherein the vent member, when said portion is secured at
the aperture in the roof deck, is configured to conduct airflow
along the second flow path through the aperture and the second
opening between the exterior region above the roof and the
interior region below the roof regardless of the position of the
vent door and ambient temperature.
ANALYSIS
Regarding independent claim 36, the Examiner finds that York
teaches, inter alia, a vent member (i.e., present invention 10) with a first
opening (i.e., the cylindrical portion of fan housing 28) (Final Act. 2) and a
skylight (i.e., outer dome 38) (Ans. 10), wherein a portion of the vent
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Application 11/526,215
member is configured to be secured at an aperture extending through a
thickness of the roof deck (i.e., the aperture being defined in structural
members 56 of a building), (Final Act. 2), as claimed. See, e.g., York, Figs.
1, 4. The Examiner determines that York does not teach a vent door ( or
actuator) for permitting or substantially preventing airflow through the first
opening, or a second opening, as claimed. Final Act. 4.
The Examiner relies on Clenet for disclosing, inter alia, a vent
member including a first opening (i.e., outlet 24b) and a second opening
(when movable glass panel 128b is open), and a vent door (i.e., valve 32b)
having open and closed positions, which either permit or substantially
prevent airflow along a first flow path (from inlet 20 to outlet 24b) and
through the first opening (outlet 24b). Id. at 4--5; see also Ans. 4--5. The
Examiner determines that Clenet' s vent member is configured to
conduct airflow along the second flow path ( air from the vehicle
... to [movable glass panel] 128b) through the aperture (the
aperture that [vent] 12b is mounted in through the aperture of
[vent] 12b when [movable glass panel] 128b is open) and the
second opening (the opening formed when [movable glass panel]
128 is open) between the regions above and below the roof
regardless of the position of the vent door ([ valve 32b ]).
Ans. 5---6 (emphasis added); cf Final Act. 5 (finding that Clenet discloses a
second flow path/ram inlet 20 to moveable glass panel 128b).2 In other
words, Clenet is relied on for teaching "a vent member 12b with a first
exhaust air path from [inlet] 20 to [outlet] 24b which can be opened and
closed by a valve door 32b" and also for teaching that "vent member 12b has
2 The Examiner's modified finding renders moot Appellants' argument that
the Examiner erred by finding a second flow path from inlet 20 to moveable
glass panel 128b. Br. 16-17.
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Application 11/526,215
a skylight that can manually be opened to form a second airflow path from
[inlet] 20 to [outlet] 128b." Ans. 10 (emphasis added).
Appellants argue, inter alia, that "[ e ]very building structure also has
windows and doors which allow ventilation" but that the claims require "a
vent member with the specified first and second flow paths, and other related
structure features and functionality." Br. 18. Appellants submit that
"Clenet's sunroof does not form any part of Clenet's vent." Id.; see also id.
at 19 ( with reference to independent claim 63, arguing that the flow path via
Clenet's sunroof 124b "is entirely unrelated to Clenet 's vent [12b ]"). 3
Regarding the scope of the claim term "vent member," claim 3 6, as
set forth supra, requires, in relevant part
a vent member having at least a portion configured to be installed
on a roof deck of a roof, . . . said portion of the vent member
configured to be secured at an aperture extending through a
thickness of the roof deck so that air can flow along [ first or
second flow paths through the aperture and first and second
openings] extending between an exterior region above the roof
and an interior region below the roof.
The Specification discloses, that
[ t ]he roof vent includes a vent member, a vent door, a motor, a
solar panel, a battery, and a controller. The vent member
includes an opening and is configured to be secured at an
aperture in a roof so that the opening permits airflow through the
aperture and the opening between regions above and below the
roof.
3 Notably, claim 63 does not exclude the claimed roof field member from
having a second door, for example, operatively connected to the second
opening, as long as a single vent door is operatively connected to the vent
member having the claimed positions with respect to the first and second
flow paths and first opening. See Br. 20.
4
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Application 11/526,215
Spec. ,r 12; see also id. ,r 83 (with reference to Figure 18, "[a]s used herein,
the vent cover 156a and the vent base member 156b may be collectively
referred to as a "vent member").
We are persuaded by Appellants' argument. Although the function of
Clenet's sunroof 124b is for venting (see, e.g., Clenet 6: 1-7 ("sunroof 124b .
. . provide[s] venting"), Clenet describes and depicts sunroof 124b as a
component that is separate from, but may include, Clenet's vent 12b. For
example, Clenet discloses that "vehicle vent (12) for exhausting air from a
vehicle occupant compartment ... can be provided on the vehicle roof ... as
part of a sunroof' (Abstract), and that, with reference to Figure 8, "vent 12b
is illustrated as being mounted on a vehicle 1 Ob at the roof 14b thereof as
part of a sunroof 124b" (Clenet 5:66-68). In other words, a preponderance
of the evidence supports a determination that Clenet describes vehicle vent
12 as a vent member that is separate from the sunroof, which is also a vent
member. Thus, the Examiner's interpretation of sunroof 124b and vent 12b
as a single vent member is unreasonable.
Moreover, to the extent that York is relied on for disclosing a vent
member, namely, "[a] fan/skylight combination unit mounted on a common
frame 19" (York, Abstract (emphasis added)), we do not understand the
Examiner's proposed modification of York to include modifying York's
fan/skylight to include Clenet's vent 12b/sunroof 124b, such that York's
skylight may be opened and closed, as taught with respect to Clenet's
sunroof 124b, or providing rationale for doing so. (Notably, York discloses
that the skylight functions as a thermal barrier. See, e.g., York 7 :2 7--41 ). In
fact, the Examiner's rationale, as set forth supra, does specify how Clenet's
vent door actuator or second opening is incorporated into the fan/skylight
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Application 11/526,215
unit ofYork. 4 Accordingly, we do not sustain the Examiner's rejection of
independent claim 36, and claims 37--41 and 57----62 depending therefrom.
The Examiner relies on the same findings and reasoning as applied to
claim 36 supra with respect to the same limitations recited in independent
claims 63 and 64, and therefore, for the same reasons stated supra, we do not
sustain the Examiner's rejection of independent claims 63 and 64.
DECISION
The Examiner's decision rejecting claims 36--41 and 57-64 is
reversed.
REVERSED
4 In the Final Office Action, the Examiner proposes modifying York to have
a vent door actuator connected to a second opening, however, claim 36
requires a vent door to operatively connect to the vent member to permit or
prevent airflow through the first opening. Final Act. 8.
6