Ex Parte Ehlen

Patent Trial and Appeal Board

Dec 14, 2018

14704322 (P.T.A.B. Dec. 14, 2018)

UNITED STA TES p A TENT AND TRADEMARK OFFICE
APPLICATION NO. FILING DATE
14/704,322 05/05/2015
146113 7590 12/18/2018
FisherBroyles, LLP - Facebook, Inc.
Facebook, Inc.
222 South Main Street, 5th Floor
Salt Lake City, UT 84101
FIRST NAMED INVENTOR
Jon Brian Ehlen
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.
007726.0321 Ul 5960
EXAMINER
MILLISER, THERON S
ART UNIT PAPER NUMBER
2835
NOTIFICATION DATE DELIVERY MODE
12/18/2018 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):
docketing@fisherbroy les .com
fb-docketing@fisherbroy les. com
PTOL-90A (Rev. 04/07)
UNITED STATES PATENT AND TRADEMARK OFFICE
BEFORE THE PATENT TRIAL AND APPEAL BOARD
Ex parte JON BRIAN EHLEN
Appeal 2018-002266
Application 14/704,322
Technology Center 2800
Before LINDA M. GAUDETTE, A VEL YN M. ROSS, and
MICHAEL G. McMANUS, Administrative Patent Judges.
GAUDETTE, Administrative Patent Judge.
DECISION ON APPEAL 1
Appellant2 appeals under 35 U.S.C. § 134(a) from the Examiner's decision
twice rejecting claims 1-16 and 18-20 under 35 U.S.C. § 102(a)(l) as
anticipated by Gill (US 5,388,032, issued February 7, 1995) and claim 17 under 35
U.S.C. § 103 as unpatentable over Gill and Densberger (US 2014/0255,085 Al,
published September 11, 2014). We have jurisdiction under 35 U.S.C. § 6(b ).
1 This Decision includes citations to the following documents: Specification filed
May 5, 2015 ("Spec."); Non-Final Office Action dated Mar. 9, 2017 ("Non-Fianl
Act."); Appeal Brief filed Oct. 2, 2017 ("Appeal Br."); Examiner's Answer dated
Nov. 16, 2017 ("Ans."); and Reply Brief filed Dec. 29, 2017 ("Reply Br.").
2 The Applicant under 3 7 C.F .R. § 1.46, and, therefore, the Appellant under 3 5
U.S.C. § 134, is Facebook, Inc., also identified by Appellant as the real party in
interest. Appeal Br. 2.
Appeal2018-002266
Application 14/704,322
We REVERSE.
The invention relates "to data storage server configurations and, more
specifically, to a component mounting assembly." Spec. ,r 1. The invention is said
to facilitate servicing of shorter components in a standard-sized rack, i.e.,
components that do not extend from the front all the way to the back of the rack.
Id. ,I 2.
Application Figures 2 and 6 are reproduced below.
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Figure 2 (above left) is a partially transparent isometric view of representative rack
or cabinet 10 showing the location of component mounting assembly 100. Spec.
,r,r 5, 15. As shown in Figure 2, component mounting assembly 100 includes a sled
guide, such as vertically-oriented support tray 102, and a component sled, such as
drawer 104, positioned on support tray 102 between opposed first and second tray
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Application 14/704,322
walls 132, 134, extending orthogonally from tray panel 103. Id. ,r 15. A
component, such as switch 20, is mounted in drawer 104. Id. Figure 6 (above right)
is a partial isometric view of cabinet 10 illustrating a position of handle 106 of
component mounting assembly drawer 104. Id. ,r,r 9, 10.
Drawer 104 has a front-to-back depth that is substantially less than the front-
to-back depth of cabinet 10' s vertical rack space 14 (illustrated in Figure 1 ). Id.
,r 16. Drawer 104 is moveable (e.g., slideable) relative to support tray 102 between
an operating position (first position), shown in Figure 2, and a service position
(second position), shown in Figure 6. Id. In the operating position, the front portion
of drawer 104 is adjacent to the front of cabinet 10 and elongate handle 106 of
drawer 104 is supported in an extended position by support tray wall 134. Id.
,r,r 16, 17. When switch 20 requires servicing, handle 106 is used to pull drawer
104 to the rear of cabinet 10. Id. ,r 19. As shown in Figure 6, after drawer 104 and
switch 20 have been moved to the service position, handle 106 may be pivoted to a
folded position where it is out of the way for service operations. Id. ,r 20.
Of the appealed claims, claims 1, 8, and 15 are independent. See Appeal Br.
13-16 (Appendix A). Claim 1 is representative of the subject matter on appeal, and
is reproduced below.
1. A component mounting assembly, comprising:
a sled guide;
a component sled positioned on the sled guide and moveable relative
to the sled guide between a first position and a second position,
the component sled including:
a component mounting panel; and
a sidewall extending from the component mounting panel; and
an elongate handle pivotably attached to the sidewall, wherein the sled
guide supports the elongate handle in an extended position
when the component sled is in the first position, and the
elongate handle is movable to a folded position away from the
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Appeal2018-002266
Application 14/704,322
extended position when the component sled is in the second
position.
Id. at 13.
Gill discloses an apparatus, system, and method for monitoring a plurality of
computers in an electronic equipment rack. Gill Abstract. Gill Figures 3 and 4 are
reproduced below.
138
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Gill Figure 3 ( above left) is a left front perspective view of monitoring unit 100
when fully inserted within electronic equipment rack 160. Gill 5:61---63. Figure 4
( above right) is a left front perspective view of monitoring unit 100 when fully
deployed from equipment rack 160 and ready for use. Id. at 5:67---6:2. As shown in
Figure 4, monitoring unit 100 comprises keyboard 102, display 104, and storage
drawer 106. Storage drawer 106 has two elongate guide rails 118, 120 that run the
length of each side of storage drawer 106. Guide rails 118, 120 facilitate mounting
monitoring unit 100 into telescoping storage slides 119 that guide and retain
monitoring unit 100 within equipment rack 160 as it is extended for operation and
collapsed for storage into equipment rack 160. Id. at 8:26-36. Monitoring unit 100
includes front panel 132 rotatably connected to storage drawer 106 by panel hinges
134. Id. at 9:39-41. Panel hinges 134 include tension springs 135 that bias panel
132 into a position perpendicular to elongate guide rails 118, 120 when monitoring
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Appeal2018-002266
Application 14/704,322
unit 100 is collapsed for storage, as shown in Figure 3. Id. at 9:50-53. Tension
springs 135 bias panel 132 into a fully collapsed configuration when monitoring
unit 100 is extended for operation, as shown in Figure 4. Id. at 9:54--56. When
monitoring unit 100 is fully inserted within equipment storage rack 160, as shown
in Figure 3, latch securing members 140, 142 on front panel 132 interconnect with
mating connectors 141 and 143 (not shown) mounted to equipment rack 160. Id. at
11:16-23.
The Examiner finds the claimed sled guide/support tray reads on Gill's
storage sliding mechanisms 119. See Non-Final Act. 2, 5, (citing Gill Figures 3, 4,
8:26-36); Ans. 2. The Examiner finds the claimed "component sled"
( claim 1 )/"drawer" ( claims 8 and 15) reads on Gill's monitoring unit 100 ( which
includes storage drawer 106), that is positioned on Gill's sled guide/support tray
and moveable relative thereto between a first position (shown in Gill Figure 3) and
a second position (shown in Gill Figure 4). Non-Final Act. 2, 5, 7. The Examiner
finds the claimed "elongate handle" (claims 1, 8, and 15) reads on Gill's front
panel 132. Id. at 3, 5, 8. The Examiner finds Gill's sled guide/support tray (storage
sliding mechanisms 119) supports the elongate handle (Gill's front panel 132) in
an extended position when the component sled/drawer (monitoring unit 100
including storage drawer 106) is in the first position (shown in Gill Figure 3), and
that the elongate handle (front panel 132) is movable to a folded position away
from the extended position when the component sled/drawer (monitoring unit 100
including storage drawer 106) is in the second position (shown in Gill Figure 4).
Id. at 3, 5, 8.
Appellant argues Gill's sled guide/support tray (storage sliding mechanisms
119) do not support Gill's elongate handle (front panel 132). Appeal Br. 5, 7, 9.
The Examiner, in response, asserts that storage sliding mechanisms 119 "'guide
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Appeal2018-002266
Application 14/704,322
and retain the monitoring unit 100 within the equipment rack as it is extended for
operation and collapsed for storage into the equipment rack .... ' As ... [ front
panel] 13 2 is a part of 100, then in the same way that 119 supports 100, so too does
it support 132." Ans. 2. The Examiner cites the following dictionary definitions of
"support": "to bear or hold up (a load, mass, structure, part, etc.); serve as a
foundation for" and "sustain or withstand (weight, pressure, strain, etc.) without
giving way; serve as a prop for." Id. at 3 (citing Dictionary.com).
Appellant argues the Examiner's finding that Gill's sled guide/support tray
(storage sliding mechanisms 119) support Gill's elongate handle (front panel 132)
is unreasonable and fails to take into account the manner in which the term
"supports" is used in the Specification. Reply Br. 3 ( discussing claim 1 ); see also
id. at 5---6 (arguing claims 8 and 15 are patentable for the same reasons). Appellant
argues Gill's elongate handle (front panel 132) is not supported by Gill's sled
guide/support tray (storage sliding mechanisms 119). Id. at 3. Rather, "Gill's
hinges 134, panel support member 158 (Gill: col. 11, lines 11-15), and/or latch
connectors 141 and 143 (Gill: col. 12, lines 9-25) ... support the front panel in
either position." Reply Br. 3. Applying the Examiner's dictionary definition of
"support," Appellant argues Gill's "elongate handle (i.e., front panel 132) cannot
be positioned such that the front panel 132 is held up by, propped up by, or rests
upon the storage slides 119." Id.
Appellant has argued persuasively that the Examiner's rejections are based
on an overly broad interpretation of the claim term "supports" as encompassing
structural elements, i.e., storage sliding mechanisms 119, that support components
to which Gill's elongate handle (front panel 132) is indirectly attached. The
Specification describes elongate handle 106 as "supported in an extended position
by the support tray wall 134 when the drawer 104 is in the operating position" "as
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Appeal2018-002266
Application 14/704,322
shown in FIG. 2." Spec. ,r 17. Figure 2 clearly illustrates support tray 102/the sled
guide as being in direct contact with elongate handle 106 so as to hold it in an
extended position when in the operating/first position. Reply Br. 3. Figures 5 and 6
illustrate elongate handle 106 in the servicing/second position. Spec. ,r,r 9, 10. In
the servicing/second position, elongate handle 106 indirectly contacts support tray
102/the sled guide via its connection to flange 120 and/or flange 122, which, in
tum, are directly supported by support tray 102/the sled guide. See Figs. 5, 6. The
Specification does not describe support tray 102/the sled guide as supporting
elongate handle 106 in the servicing/second position. Therefore, we agree with
Appellant that the claim limitations requiring that the sled guide/ support tray
support the elongate handle, when considered in light of the Specification, do not
read on Gill's configuration wherein front panel 132 is not in direct contact with
(or directly supported by) storage slides 119. See In re Smith Int'!, Inc., 871 F.3d
1375, 1383 (Fed. Cir. 2017) ("[T]he Board found that nothing in the specification
would disallow the examiner's interpretation, rendering it 'reasonable.' However,
following such logic, any description short of an express definition or disclaimer in
the specification would result in an adoption of a broadest possible interpretation
of a claim term, irrespective of repeated and consistent descriptions in the
specification that indicate otherwise. That is not properly giving the claim term its
broadest reasonable interpretation in light of the specification.").
Because Appellant has identified reversible error in the Examiner's finding
that claims 1, 8, and 15 are anticipated by Gill, we do not sustain the rejection of
these claims or dependent claims 2-7, 9-14, 16, and 18-20. Nor do we sustain the
rejection of claim 17 under 35 US.C. § 103, as it is based on the same erroneous
finding that Gill describes a support tray that supports the elongate handle in an
extended position. See Non-Final Act. 9-10.
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Appeal2018-002266
Application 14/704,322
REVERSED
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