Ex Parte Edwards et al

Patent Trial and Appeal Board

Sep 19, 2018

14386755 (P.T.A.B. Sep. 19, 2018)

UNITED STA TES p A TENT AND TRADEMARK OFFICE
APPLICATION NO. FILING DATE
14/386,755 09/19/2014
23117 7590 09/21/2018
NIXON & V ANDERHYE, PC
901 NORTH GLEBE ROAD, 11 TH FLOOR
ARLINGTON, VA 22203
FIRST NAMED INVENTOR
Nicholas Hector Edwards
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.
RYM-36-2504 3096
EXAMINER
INTAVONG, JIRAPON
ART UNIT PAPER NUMBER
2652
NOTIFICATION DATE DELIVERY MODE
09/21/2018 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):
PTOMAIL@nixonvan.com
pair_nixon@firsttofile.com
PTOL-90A (Rev. 04/07)
UNITED STATES PATENT AND TRADEMARK OFFICE
BEFORE THE PATENT TRIAL AND APPEAL BOARD
Ex parte NICHOLAS HECTOR EDWARDS and IAN ROBERT COOPER
Appeal2017-002027
Application 14/386,755
Technology Center 2600
Before JEFFREY S. SMITH, JEREMY J. CURCURI and
AARON W. MOORE, Administrative Patent Judges.
SMITH, Administrative Patent Judge.
DECISION ON APPEAL
Appeal2017-002027
Application 14/386,755
STATEMENT OF THE CASE
This is an appeal under 35 U.S.C. § I34(a) from the rejection of
claims 1-12. We have jurisdiction under 35 U.S.C. § 6(b ).
We reverse.
Illustrative Claim
1. A communications connection within a
telecommunications access network comprising:
a first intermediate connection point,
a second intermediate connection point remote from the
first intermediate connection point, and
a non-conducting communications link between the first
intermediate point and the second intermediate point;
the first intermediate connection point being connectable
by way of a first conducting link to a telephone network
connection point and the second intermediate connection point
being connectable by a plurality of second conducting links to a
plurality of remote customer premises installations, at least one
of the first and second intermediate connection points having
conversion equipment for converting transmissions between
electrical signals carried over its respective conducting link, and
a non-electrical signal carried over the non-conducting link; and
the respective first and second conversion equipments
being electrically powered, and having respective power
conversion equipment for receiving electrical power delivered
over the respective conducting links from the telephone
network connection point and the customer premises
installations.
Ishioka
Ehreth
N attkemper
Haque
Wynman
Prior Art
us 5,469,282
US 6,246,750 B 1
US 2003/0202655 Al
US 2006/0251115 Al
US 7,751,711 B2
2
Nov. 21, 1995
June 12, 2001
Oct. 30, 2003
Nov. 9, 2006
July 6, 2010
Appeal2017-002027
Application 14/386,755
Examiner's Rejections
Claims 1, 2, 4, and 6 stand rejected under 35 U.S.C. § 102(b) as
anticipated by Ishioka. Ans. 1.
Claims 3 and 10 stand rejected under 35 U.S.C. § 103(a) as
unpatentable over Ishioka and Ehreth. Ans. 4.
Claims 5 and 7 stand rejected under 35 U.S.C. § 103(a) as
unpatentable over Ishioka and Wynman. Ans. 7.
Claims 8 and 9 stand rejected under 35 U.S.C. § 103(a) as
unpatentable over Ishioka and Nattkemper. Ans. 9.
Claims 11 and 12 stand rejected under 35 U.S.C. § 103(a) as
unpatentable over Ishioka and Haque. Ans. 10.
ANALYSIS
Appellants' Specification discloses that the invention relates to
"managing the use of wire telecommunications lines to provide power to
remote equipment." Spec. 2: 12-13. Claim 1 recites "the respective first and
second conversion equipments being electrically powered, and having
respective power conversion equipment for receiving electrical power
delivered over the respective conducting links from the telephone network
connection point and the customer premises installations." Appellants
contend that:
The Examiner cites Ishioka as disclosing [that] power 1s
delivered over 'the respective conducting links' from the
telephone connection point and the customer premises
installations. The only possible antecedent for 'the respective
conducting links' is the links recited in claim 1 that are stated to
be carrying electrical signals. Ishioka clearly shows separate
power connections (7) and communications connections
3
Appeal2017-002027
Application 14/386,755
(unreferenced in Figures 3-6, but referenced 22 in Figure 2)
between the remote terminal 32 and the ONUs 3. Moreover, as
the communications connections are optical, they cannot carry
electrical power.
The Examiner also alleges that the conversion unit 45 of
Ishioka (Figures 5 and 6) receives a signal input from the ONU
to which it is connected and used by the current detecting unit
52 to control the multiplexing and other operations of the unit
32/40/70. However, there is no teaching or suggestion that the
current detecting unit 52 detects current in the external
connections (22) to the conversion unit 45. These connections
are optical, and thus cannot carry a current anyway. Figures 5-
6 clearly show the control unit 57 /76 detecting current being
drawn over the separate electrical connection 53, which is not
disclosed as carrying any communications ( other than the basic
on/off condition of whether current is being drawn).
Reply Br. 4--5.
We agree with Appellants. The Examiner has not shown that Ishioka
discloses "power conversion equipment for receiving electrical power
delivered over the respective conducting links from the telephone network
connection point and the customer premises installations" as claimed.
We do not sustain the rejections of claims 1, 2, 4, and 6 under 35
U.S.C. § 102. The Examiner does not find that any of the secondary
references cures the deficiency of Ishioka. We, therefore, also do not sustain
the rejections of claims 3, 5, and 7-12.
DECISION
The rejections of claims 1-12 are reversed.
REVERSED
4