12415164 (P.T.A.B. Jul. 18, 2014)

Ex Parte Ghabra et al

Patent Trial and Appeal BoardJul 18, 2014

12415164 (P.T.A.B. Jul. 18, 2014)

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. 12/415,164 03/31/2009 Riad Ghabra LEAR 47895 PUS 2243 34007 7590 07/18/2014 BROOKS KUSHMAN P.C. / LEAR CORPORATION 1000 TOWN CENTER TWENTY-SECOND FLOOR SOUTHFIELD, MI 48075-1238 EXAMINER TORRES RUIZ, JOHALI ALEJANDRA ART UNIT PAPER NUMBER 2859 MAIL DATE DELIVERY MODE 07/18/2014 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 RIAD GHABRA, JOHN NANTZ, and MARK OUSACHI ____________ Appeal 2012-008520 Application 12/415,1641 Technology Center 2800 ____________ Before BRADLEY R. GARRIS, CHARLES F. WARREN, and CHRISTOPHER M. KAISER, Administrative Patent Judges. GARRIS, Administrative Patent Judge. DECISION ON APPEAL Pursuant to 35 U.S.C. Â§ 134, Appellants appeal from the Examiner's rejection under 35 U.S.C. Â§ 103(a) of claims 1, 2, and 4-7 as unpatentable over Naskali et al. (US 2004/0145343 A1, published July 29, 2004) and McCall et al. (US 2009/0091477 A1, published Apr. 9, 2009). We have jurisdiction under 35 U.S.C. Â§ 6. 1 According to Appellants, the real party in interest is Lear Corporation. (App. Br. 1). Appeal 2012-008520 Application 12/415,164 2 We AFFIRM. Appellants claim an automotive fob system comprising an automotive fob 10 and a fob charging receptacle 28 including "a surface [38] configured to receive the fob" (sole independent claim 1, Figs. 1-4). A copy of representative claim 1, taken from the Claims Appendix of the Appeal Brief, appears below. 1. An automotive fob system comprising: an automotive fob having a loop feature and including (i) a power storage unit and (ii) a first inductive coil electrically connected with the power storage unit, the first coil forming a loop and disposed in the loop feature; and a fob charging receptacle including (i) a surface configured to receive the fob, (ii) a magnetic core configured to be inserted into the loop feature and projecting away from the surface, and (iii) a second inductive coil wrapped around the core and adapted to receive electrical current from a remote power source if electrically connected with the remote power source. Appellants do not present arguments specifically directed to dependent claims 2 and 4-7 (see App. Br. 4). Accordingly, these dependent claims will stand or fall with independent claim 1. We sustain the above rejection for the reasons expressed by the Examiner in the Final Office Action and in the Answer with the following comments added for emphasis and completeness. Appellants contest the rejection solely by arguing that the Examiner erred in finding the surface of Naskali's charging device 16 is configured to receive a portable electronic device 18 thereby satisfying the claim 1 Appeal 2012-008520 Application 12/415,164 3 requirement for a fob charging receptacle including "a surface configured to receive the fob" (App. Br. 2-3, Reply Br. 1-2; cf. FOA 3). In particular, Appellants state that "Naskaliâ€™s charging hook section 17 is specifically designed to space Naskaliâ€™s electronic devices 18 away from Naskaliâ€™s element 16 [as shown in the Figure 2 embodiment of Naskali]" (App. Br. 3). Appellants then argue sans embellishment that, "[b]ecause Naskaliâ€™s electronic devices 18 are intended to be spaced away from the disk shaped surface of Naskaliâ€™s element 16, . . . the disk shaped surface of Naskaliâ€™s element 16 cannot be said to be configured to receive Naskaliâ€™s electronic devices 18" (id.). Appellants' argument is not persuasive for a number of reasons. Appellants acknowledge without dispute (App. Br. 3) the Examiner's observation (FOA 5) that Naskali teaches "[t]he charging device could be configured to receive only one portable electronic device at the time, or more than two portable electronic devices at the same time" (Â¶ 33, emphasis added). This teaching that charging device 16 is "configured to receive" (id.; cf. claim 1) an electronic device 18 supports the Examiner's finding that the charging device includes a surface which likewise is configured to receive an electronic device such as a fob. In addition, the Examiner responds to Appellants' argument by correctly pointing out that claim 1 "does not require that the device [i.e., fob] be in contact with the surface" (Ans. 8), and Appellants do not contend otherwise. In contrast, Appellants fail to identify any Specification Appeal 2012-008520 Application 12/415,164 4 disclosure or dictionary definition that requires claim 1 to be interpreted as limited to a contact or some other relationship which excludes a spaced relationship between the fob and the surface. On the other hand, the dictionary definition of the claim 1 term "receive"2 as meaning "to get or be given (something)" is sufficiently broad as to encompass a spaced relationship. Furthermore, interpreting claim 1 as encompassing a spaced relationship such as shown in Naskali's Figure 2 embodiment also is supported by Appellants' Specification disclosure of a corresponding embodiment ("if the cradle 28 is adapted to hang on a wall . . . , the core 32 may be shaped as a hook" (Spec. 6:11-13)) wherein each embodiment comprises a wall-mounted charging device/receptacle having a hook which engages an electronic device/fob. Finally, contrary to Appellants' apparent belief, Naskali's charging device is not limited to a vertical mounting having a spaced relationship with an electronic device as shown in the Figure 2 embodiment. Naskali expressly discloses alternative embodiments wherein the charging device is mounted on a horizontal surface (see Naskali Â¶Â¶ 34, 45). When so horizontally-mounted, the spaced relationship shown in Figure 2 would not be possible. The decision of the Examiner is affirmed. 2 Merriam-Webster Online, http://www.merriam- webster.com/dictionary/receive Appeal 2012-008520 Application 12/415,164 5 No time period for taking any subsequent action in connection with this appeal may be extended under 37 C.F.R. Â§ 1.136(a). AFFIRMED cdc Notice of References Cited Application/Control No. 12/415,164 Applicant(s)/Patent Under Reexamination Riad Ghabra et al. Examiner Johali Torres Ruiz Art Unit 2800 Page 1 of 1 U.S. PATENT DOCUMENTS * DOCUMENT NO. DATE NAME CLASS SUBCLASS DOCUMENT SOURCE ** APS OTHER A B C D E F G H I J K L M FOREIGN PATENT DOCUMENTS * DOCUMENT NO. DATE COUNTRY NAME CLASS SUBCLASS DOCUMENT SOURCE ** APS OTHER N O P Q R S T NON-PATENT DOCUMENTS * DOCUMENT (Including Author, Title Date, Source, and Pertinent Pages) DOCUMENT SOURCE ** APS OTHER U Merriam-Webster Online, http://www.merriam- webster.com/dictionary/receive V W X *A copy of this reference is not being furnished with this Office action. (See Manual of Patent Examining Procedure, Section 707.05(a).) **APS encompasses any electronic search i.e. text, image, and Commercial Databases. Receive - Definition and More from the Free Merriam-Webster Dictionary file:///S|/.../Garris/2%20Ready%20for%20Mailing/Receive%20-%20Definition%20and%20More%20from%20the%20Free%20Merriam-Webster%20Dictionary.htm[7/18/2014 5:53:31 AM] Popularity 1. Quizzes & Games 2. Word of the Day 3. Video 4. New Words 5. My Favorites 1. Dictionary 2. Thesaurus 3. Medical 4. Concise Encyclopedia 5. New! Spanish Central receive Sponsored Links Advertise Here Want to place your ad here? Advertise on Merriam-Webster reÂ·ceive verb \ri-ËˆsÄ“v\ : to get or be given (something) : to react to (something) in a specified way : to welcome (someone) in usually a formal way reÂ·ceivedreÂ·ceivÂ·ing Full Definition of RECEIVE transitive verb 1 : to come into possession of : acquire 2 a : to act as a receptacle or container for b : to assimilate through the mind or senses 3 a : to permit to enter : admit b : welcome, greet c : to react to in a specified manner 4 : to accept as authoritative, true, or accurate : believe 5 a : to support the weight or pressure of : bear b : to take (a mark or impression) from the weight of something c : acquire, experience d : to suffer the hurt or injury of intransitive verb 1 : to be a recipient 2 : to be at home to visitors 3 : to convert incoming radio waves into perceptible signals Test Your Vocabulary Take Our 10-Question Quiz Name That Thing Take our visual vocab quiz Test Your Knowledge Â» True or False? A quick quiz about stuff worth knowing Take It Now Â» Spell It The commonly misspelled words quiz Hear It, Spell It Â» Get Our Free Apps Voice Search, Favorites, Word of the Day, and More iPhone | iPad | Android | More Join Us on FB & Twitter Get the Word of the Day and More Facebook | Twitter