Ex Parte Dold et al

Patent Trial and Appeal Board

Jul 13, 2016

12216320 (P.T.A.B. Jul. 13, 2016)

UNITED STA TES p A TENT AND TRADEMARK OFFICE
APPLICATION NO. FILING DATE
12/216,320 07/02/2008
20529 7590 07115/2016
NATH, GOLDBERG & MEYER
Joshua Goldberg
112 South West Street
Alexandria, VA 22314
FIRST NAMED INVENTOR
Franz Josef Dold
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.
29520U 7467
EXAMINER
LOPEZ ALVAREZ, OLVIN
ART UNIT PAPER NUMBER
2121
NOTIFICATION DATE DELIVERY MODE
07/15/2016 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):
USPTO@nathlaw.com
PTOL-90A (Rev. 04/07)
UNITED STATES PATENT AND TRADEMARK OFFICE
BEFORE THE PATENT TRIAL AND APPEAL BOARD
Ex parte FRANZ JOSEF DOLD and
KLAUS WEDDINGFELD 1
Appeal2014-006793
Application 12/216,320
Technology Center 2100
Before JASON V. MORGAN, JOHN A. EV ANS, and
MATTHEW J. McNEILL, Administrative Patent Judges.
MORGAN, Administrative Patent Judge.
DECISION ON APPEAL
Introduction
This is an appeal under 35 U.S.C. § 134(a) from the Examiner's final
rejection of claims 1-7, 9-11, 15, 17, 19, 20, 23, 25, 27, and 29. Claims 8,
12-14, 16, 18, 21, 22, 24, 26, 28, 30, and 31 are withdrawn. Br. 23-29. An
oral hearing was held June 21, 2016. We have jurisdiction under 35 U.S.C.
§ 6(b ).
We REVERSE.
1 Appellants identify SICK AG as the real party in interest. Br. 3.
Appeal2014-006793
Application 12/216,320
INVENTION
Appellants disclose a method for the programming of a safety
controller to be interconnected with encoders and actuators, wherein a
wiring plan or a specific wiring is first prepared and whereupon an
automated programming of the safety controller takes place using the wiring
plan. Abstract.
EXEMPLARY CLAIM
Claim 1, reproduced below with key limitations emphasized, is
illustrative:
1. A method for the programming of a safety controller to be
interconnected with encoders and actuators, comprising the
steps of:
preparing a wiring plan wherein the safety controller is
shown with its connection terminals at least schematically on a
graphic programming interface, said wiring plan preparation
compnsmg:
selecting the encoders and actuators with reference
to encoder symbols and actuator symbols; and
showing wiring symbols on the programming
interface which connect connection terminals of the
encoder symbols and connection terminals of the actuator
symbols to the connection terminals of the safety
controller;
configuring or preparing a program such that program
parts are automatically activated or compiled which are
provided for the evaluation of the selected encoders and for the
control of the selected actuators; and
automatically associating parameters with these program
parts which correspond to the connection terminals with which
the respective encoder symbols and actuator symbols are
associated.
2
Appeal2014-006793
Application 12/216,320
REJECTIONS
The Examiner rejects claims 1-7, 9-11, 15, 17, 19, 20, 23, 25, and 27
under 35 U.S.C. § 103(a) as being unpatentable over SICK Intelliface™
Flexi Controllers [UE410 Series] Quick Start Guide, Oct. 18, 2006
("SICK"), and Industrial Safety Systems: UE410 Flexi Modular Safety
Controller, Data Sheet, June 22, 2006 ("UE410"). 2 Final Act. 4--18.
The Examiner rejects claim 29 under 35 U.S.C. § 103(a) as being
unpatentable over SICK, UE410, and Nakai et al. (US 2001/0056306 Al;
pub. Dec. 27, 2001).
ISSUE
Did the Examiner err in finding the combination of SICK and UE410
teaches or suggests "automatically associating parameters with these
program parts which correspond to the connection terminals with which the
respective encoder symbols and actuator symbols are associated," as recited
in claim 1?
ANALYSIS
In rejecting claim 1, the Examiner finds SICK's Intelliface Flexi
Controller Configuration Planner, by helping to understand how rotary
2 The Examiner also references the configuration planner executable from
www.ue410flexi.com and UE410 Flexi confzgurator----Operating
Instructions. See, e.g., Final Act. 6. However, the Examiner merely refers
to these references to provide further evidence regarding the teachings and
suggestions of SICK (see, e.g., id.); the Examiner does not rely on the
executable or the Operating Instructions as prior art for the rejections. Thus,
a rejection based on SICK, UE410, and at least one of the configuration
planner executable or Operating Instructions is not before us.
3
Appeal2014-006793
Application 12/216,320
switch settings affect the logical connection of safety-relevant sensor
devices, teaches or suggests automatically associating parameters with these
program parts which correspond to the connection terminals with which the
respective encoder symbols and actuator symbols are associated. Final Act.
6-7 (citing SICK 2); Ans. 25. The Examiner finds the "SICK Intelliface
only shows some icons being connected to the actuators and encoder
icons .... However, SICK UE410 ... teaches a safety controller
comprising wiring symbols which connect connection terminals of encoder
symbols and connection terminals of actuator symbols .... " Final Act. 7-8
(citing UE410 13-17). Thus, the Examiner relies on UE410 to teach or
suggest the program parts correspond to connection terminals.
Appellants contend the Examiner erred because the "Sick Intelliface is
merely a planning tool that allows a user to determine how changing the
rotary switches affects the logical configuration of the safety controller." Br.
13; see also id. at 14.
The Examiner finds the Sick Intelliface, as illustrated by drawings
showing characteristics of the configuration planner (Ans. 21 ), "clearly
teaches the associating of parameters with program parts" (id. at 25).
However, the Examiner's findings do not show that SICK and UE410
teaches or suggests the automatic association of parameters with program
parts in the claimed manner. Therefore, we agree with Appellants that the
Examiner's findings do not show that the combination of SICK and UE410
teaches or suggests "automatically associating parameters with these
program parts which correspond to the connection terminals with which the
respective encoder symbols and actuator symbols are associated," as recited
in claim 1.
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Appeal2014-006793
Application 12/216,320
Accordingly, we do not sustain the Examiner's 35 U.S.C. § 103(a)
rejection of claim 1, and of claims 2-7, 9-11, 15, 17, 19, 20, 23, 25, and 27,
which contain the disputed recitation. The Examiner's findings do not show
that Nakai cures the noted deficiency of SICK and UE410. Therefore, we
also do not sustain the Examiner's 35 U.S.C. § 103(a) rejection of claim 29.
This issue is dispositive; thus, we do not address other issues raised by
Appellants' arguments.
DECISION
We reverse the Examiner's decision rejecting claims 1-7, 9-11, 15,
17, 19, 20, 23, 25, 27, and 29.
REVERSED
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