Ex Parte Lesch et al

Patent Trial and Appeal Board

Aug 26, 2016

11722809 (P.T.A.B. Aug. 26, 2016)

UNITED STA TES p A TENT AND TRADEMARK OFFICE
APPLICATION NO. FILING DATE
111722,809 0612612007
136186 7590 08/30/2016
Lumileds LLC
370 West Trimble Road
San Jose, CA 95131
FIRST NAMED INVENTOR
Norbert Lesch
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.
2005P00007WOUS 2739
EXAMINER
STERN, JACOB R
ART UNIT PAPER NUMBER
2879
NOTIFICATION DATE DELIVERY MODE
08/30/2016 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):
nancy.glynn@philips.com
us-ip@patentlawgroup.com
PTOL-90A (Rev. 04/07)
UNITED STATES PATENT AND TRADEMARK OFFICE
BEFORE THE PATENT TRIAL
AND APPEAL BOARD
Ex parte NORBERT LESCH, MANFRED WESTEMEYER, and
KLAUS SCHOELLER
Appeal2013-009055
Application 11/722,809
Technology Center 2800
Before TERRY J. OWENS, BEYERL YA. FRANKLIN, and ELIZABETH
M. ROESEL, Administrative Patent Judges.
FRANKLIN, Administrative Patent Judge.
DECISION ON APPEAL
Appellants seek our review under 35 U.S.C. § 134 of the Examiner's
decision rejecting claims 1, 3, 8-10, 13, 16, 17, and 19. We have
jurisdiction over the appeal under 35 U.S.C. § 6(b ).
Appeal2013-009055
Application 11/722,809
STATEMENT OF THE CASE
Claims 1 and 16 are illustrative of Appellants' subject matter on
appeal and are set forth below (with text in bold for emphasis):
1. A gas discharge lamp comprising:
an inner bulb with a quartz glass discharge vessel and a first
and a second sealing section arranged on the discharge vessel,
a first and a second electrode protruding from the respective
first and second sealing sections into the discharge vessel which are
each electrically connected in the respective first and second sealing
section with a conductor in order to supply current to the first and the
second electrode,
an outer bulb which surrounds the discharge vessel leaving a
cavity between the discharge vessel and the outer bulb, and
a unitary conductive ring coating, the unitary conductive
ring arranged potential-free in surrounding relation about at least
a portion the first sealing section and in spaced relation from the
discharge vessel on an outside of the inner bulb,
said unitary conductive ring coating on said first sealing section
• 1' 11' •1 1 1• ,. msmacea rrom sa10 secona seanng secuon,
wherein the second sealing section has no conductive ring
thereabout,
the first sealing section ring, on application of a voltage to the
first and the second electrode, influences the electrical field present in
the area of the first electrode such that a discharge arc travels from the
first electrode first in the direction of a wall section of the discharge
vessel adjacent to the first electrode and then along the wall toward
the second electrode.
16. A gas discharge lamp comprising:
an inner bulb comprising a quartz glass discharge vessel and a
first and a second sealing section at opposed ends of the discharge
vessel;
a first and a second electrode protruding from the respective
first and second sealing sections into the discharge vessel;
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Appeal2013-009055
Application 11/722,809
a first and a second conductor electrically connected in the
respective first and second sealing section to the respective first and
second electrode for supplying current thereto;
an outer bulb positioned in surrounding relation to the discharge
vessel, leaving a cavity between the discharge vessel and the outer
bulb; and
a unitary conductive strip, the unitary conductive strip
arranged potential-free atop at least a portion the first sealing
section in spaced relation from the discharge vessel on an outside
of the inner bulb and insulated from said second conductor and
said second sealing section,
the second sealing section having no conductive strip thereatop,
wherein the first sealing section strip, upon application of a
voltage to the first and the second electrode, influences the electrical
field present in the area of the first electrode such that a discharge arc
travels from the first electrode first in the direction of a wall section of
the discharge vessel adjacent to the first electrode and then along the
wall toward the second electrode.
The Examiner relies on the following prior art references as evidence
of unpatentability:
Fellows
Nishida et al.
(hereafter "Nishida")
Gibson et al.
(hereafter "Gibson")
Murakami
us 5,955,845
US 6,268,697 B 1
us 6, 172,462
US 2006/0076893 Al
3
Sept. 21, 1999
Jul. 31, 2001
Jan.9,2001
Apr. 13, 2006
Appeal2013-009055
Application 11/722,809
REJECTIONS
1. Claims 16 and 17 are rejected under 35 U.S.C. § 102(b) as being
anticipated by Fellows.
2. Claims 1, 3, and 19 are rejected under 35 U.S.C. § 103(a) as being
unpatentable over Nishida in view of Fellows.
3. Claim 13 is rejected under 35 U.S.C. § 103(a) as being unpatentable
over Nishida in view of Fellows and further view of Murakami.
4. Claims 8-10 are rejected under 35 U.S.C. § 103(a) as being
unpatentable over Nishida in view of Fellows and further view of Gibson.
ANALYSIS
We select claims 1 and 16 as representative of all the claims on
appeal, based upon Appellants' presented arguments. 3 7 C.F .R. § 41.3 7 ( c)
(1) (iv) (2014).
Rejection 1
Appellants state that claim 16 requires a unitary conductive strip that
is arranged potential free atop at least a portion of the first sealing section,
and that Fellows does not disclose this claim element for the reasons
presented on pages 9-12 of the Appeal Brief. Appellants submit that
element 20 of Fellows is tied conductively to each other at the base ends of
the dual electrical conductors and thus relies on each other's external
specified potential, and that such a structure is the exact opposite of the
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Appeal2013-009055
Application 11/722,809
claimed unitary conductive strip. Appeal Br. 10. Appellants state that as
defined by the Specification, the claimed "arranged potential-free" "means
that the conductive structure is insulated from the electrodes and their supply
lines or from other electrical conductors or ground potentials and hence does
not lie to an externally specified potential." Spec. 2, 11. 20-23. Appeal Br.
10. Appellants state that therefore it is meant that the conductive structure is
insulated "from other electrical conductors." Id. Appellants argue that
Fellows conductively binds multiple electrodes together, quoting Fellows'
disclosure that " ... the conductive element 20 capacitively couples the first
discharge electrode assemblies 4 to each other and induces ionization in the
ionizable gap of one of the discharge devices." Fellows, col. 4, 11. 16-21.
Appeal Br. 10.
In reply, the Examiner reiterates that conductive structure 20 is
insulated from electrodes 4 and 5. Ans. 6-7. We agree. In the Reply Brief,
Appellants argue that element 20 is directly tied to a secondary electrode and
therefore Fellows discloses that the first and second arc tubes and their
electrodes are electrically bridged. Reply Br. 4. However, Fellows teaches
that conductive structure (or strap) 20 lies against the wall 34 of each
discharge vessel. Fellows, col. 3, 1. 66-col. 4, 1. 1. Wall 34 is depicted in
Figure 2B of Fellows and is described as being made of ceramic. Fellows,
col. 3, 11. 12-25. Hence, we agree with the Examiner that conductive
structure (or strap) 20 is insulated from the electrodes ( 4, 5). Also,
Appellants argue that conductive element 20 capacitively couples electrodes
4, 5 to each other. However, as discussed, supra, the term "arranged
potential-free" means that the conductive structure is insulated from the
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Appeal2013-009055
Application 11/722,809
electrodes and their supply lines or from other electrical conductors or
ground potentials and hence does not lie to an externally specified potential.
Spec. 2, 11. 20-23. It appears that Appellants are confusing capacitive
coupling with electrical coupling. Also, as discussed, supra, the claim
requires that the conductive structure be insulated from the electrodes and
their supply lines. Hence, we are unpersuaded by Appellants' arguments.
Appellants also argue that claim 16 recites that the unitary conductive
strip is arranged atop the first sealing section, and the Examiner ignores this
claim limitation. Appeal Br. 12. However, on page 2 of the Final Office
Action, the Examiner finds that conductive strip (20) is arranged atop at least
a portion of the first sealing section, and this is shown in Fellows' Figures
2A and 2B (showing end portion 20a of strap 20 atop wall 34, which
together with end wall 32 forms a sealing section of discharge device 3).
Fellows, col. 3, 11. 54--59.
In view of the above, we affirm Rejection 1.
Rejections 2, 3, and 4
We reverse Rejections 2, 3, and 4 because we agree with Appellants
that the Examiner's finding that Nishida's conductive ring coating 34
concerning its location relative to the first sealing ring (for example, as set
forth on page 4 of the Final Action) is in error for the reasons stated on
pages 12-13 of the Appeal Brief and on pages 5---6 of the Reply Brief.
Hence, the combination of Nishida in view of Fellows (which is used in each
of Rejections 2, 3, and 4) is deficient.
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Appeal2013-009055
Application 11/722,809
DECISION
We affirm Rejection 1. We reverse Rejections 2, 3, and 4.
No time period for taking any subsequent action in connection with
appeal may be extending under 37 C.F.R. § 1.136(a)(l )(iv).
ORDER
AFFIRMED-IN-PART
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