Ex Parte Davis et al

Patent Trial and Appeal Board

Dec 10, 2013

11253081 (P.T.A.B. Dec. 10, 2013)

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.
11/253,081 10/17/2005 Simon John Davis 1400.1379480 1273
37994 7590 12/10/2013
ROSS D. SNYDER & ASSOCIATES, INC.
PO BOX 164075
AUSTIN, TX 78716-4075
EXAMINER
NGUYEN, DONGHAI D
ART UNIT PAPER NUMBER
3729
MAIL DATE DELIVERY MODE
12/10/2013 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 SIMON JOHN DAVIS, DENIS JUNIOR KING, DION PIKE,
JOEY M.W. CHOW, and MARK R. MEGARITY
____________

Appeal 2011-012988
Application 11/253,081
Technology Center 3700
____________

Before JOHN C. KERINS, JILL D. HILL, and BEVERLY M. BUNTING,
Administrative Patent Judges.

HILL, Administrative Patent Judge.

DECISION ON APPEAL

Appeal 2011-012988
Application 11/253,081

2
STATEMENT OF THE CASE
Simon John Davis et al. (Appellants) appeal under 35 U.S.C. § 134
from a final rejection of claims 1-7, 9, and 21-25. We have jurisdiction
under 35 U.S.C. § 6(b).
We REVERSE.

CLAIMED SUBJECT MATTER
The claimed subject matter relates to electronics systems that may be
implemented with at least one subsystem either integral with at least another
portion of the system or separable from another portion of the system.
Spec., para. [0001]. Claim 1 represents the subject matter on appeal and is
reproduced below.
1. A method comprising:
producing a circuit board;
determining whether the circuit board is to be
populated to provide a first set of customer
connectors or a first set of intermediate
connectors;
when the circuit board is unpopulated and is to be
populated to provide the first set of customer
connectors, performing the following:
populating the circuit board with the first set
of customer connectors
populating the circuit board with interface
electronics to support an interface for the
first set of customer connectors;
installing the circuit board in a customer-
connector-compatible enclosure compatible
with the first set of customer connectors;
when the circuit board is unpopulated and is to be
populated to provide a first set of
Appeal 2011-012988
Application 11/253,081

3
intermediate connectors, performing the
following:
populating the circuit board with the first set
of intermediate connectors;
installing module guides of a guide system
on the circuit board;
installing the circuit board in an
intermediate-connector-compatible
enclosure compatible with the first set of
intermediate connectors; and
when the circuit board has been populated to
provide the first set of customer connectors
and is to be populated to provide the first set
of intermediate connectors, performing the
following:
removing the circuit board from the
customer-connector-compatible enclosure;
removing the first set of customer
connectors;
populating the circuit board with the first set
of intermediate connectors;
installing the module guides of the guide
system on the circuit board;
installing the circuit board in the
intermediate-connector-compatible
enclosure compatible with the first set of
intermediate connectors.

EVIDENCE
The Examiner relies on the following evidence:
Mann US 4,840,570 Jun. 20, 1989
Olsen US 5,162,675 Nov. 10, 1992
Bhakta US 6,222,739 B1 Apr. 24, 2001

Appeal 2011-012988
Application 11/253,081

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REJECTIONS
Claims 1-4, 9, 21, and 22 stand rejected under 35 U.S.C. § 103(a) as
unpatentable over Mann and Olsen. Ans. 3.
Claims 5-7 and 23-25 stand rejected under 35 U.S.C. § 103(a) as
unpatentable over Mann, Olsen, and Bhakta. Ans. 5.

ANALYSIS
Rejection of Claims 1-4, 9, 21, and 22
The Examiner finds that Mann discloses producing an unpopulated
circuit board 12, determining whether the unpopulated circuit board is to be
populated to provide a first set of customer connectors or a first set of
intermediate connectors and then: (1) when the circuit board 12 is to be
populated to provide the first set of customer connectors 22, populating the
circuit board 12 with the first set of customer connectors and interface
electronics 41, 43 to support an interface for the first set of customer
connectors, and installing the circuit board in a customer-connector-
compatible enclosure compatible with the first set of customer connectors;
or (2) when the circuit board 12 is to be populated to provide a first set of
intermediate connectors 26, populating the circuit board 12 with the first set
of intermediate connectors 26, installing module guides 24 of a guide system
on the circuit board 12, and installing the circuit board in an intermediate-
connector-compatible enclosure compatible with the first set of intermediate
connectors. Ans. 4.
The Examiner finds that Mann does not disclose the
interchangeability described in the following limitation of claim 1
when the circuit board has been populated to
provide the first set of customer connectors
Appeal 2011-012988
Application 11/253,081

5
and is to be populated to provide the first set
of intermediate connectors, performing the
following:
removing the circuit board from the
customer-connector-compatible enclosure;
removing the first set of customer
connectors;
populating the circuit board with the first set
of intermediate connectors;
installing the module guides of the guide
system on the circuit board;
Ans. 4. The Examiner similarly finds that Mann does not disclose the
complementary limitation of claim 9. Ans. 4. The Examiner finds that
Olsen teaches a circuit board 10 having a first set of customer connectors or
intermediate connectors (20/25, 110/118, see Figs. 1- 4) interchangeably
mounted thereon for providing an improved connector for use with a
plurality of different circuit architectures. Id.
Appellants point out that Olsen teaches the same connector 20 being
mounted on an adapter board 10 that flips to fit into differing PC expansion
ports. App. Br. 14. We agree. Elements 110 and 118 of Olsen are back
plates rather than connectors, and element 25 of Olsen is an RJ11 connector
forming part of connector assembly 20. Olsen’s connector assembly 20
stays the same while its adapter board flips. The Examiner fails to explain
what structure in Olsen corresponds to the claimed first type of connector
(intermediate connectors or customer connectors) that is removed, and the
claimed second type of connector (customer connectors or intermediate
connectors, respectively) that replaces the first type of connector. We
therefore do not sustain the rejection of claims 1-4, 9, 21, and 22 under 35
U.S.C. § 103(a) as unpatentable over Mann and Olsen.
Appeal 2011-012988
Application 11/253,081

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Rejection of Claims 5-7 and 23-25
Claims 5-7 depend indirectly from claim 1, and claims 23-25 depend
indirectly from claim 9. The Examiner does not allege that Bhakta teaches
the claimed first type of connector (intermediate connectors or customer
connectors) that is removed, and the claimed second type of connector
(customer connectors or intermediate connectors, respectively) that replaces
the first type of connector. We therefore also do not sustain the rejection of
claims 5-7 and 23-25 under 35 U.S.C. § 103(a) as unpatentable over Mann,
Olsen, and Bhakta.
DECISION
We REVERSE the rejection of claims 1-4, 9, 21, and 22 under 35
U.S.C. § 103(a).
We REVERSE the rejection of claims 5-7 and 23-25 under 35 U.S.C.
§ 103(a).

REVERSED

mls