Ex Parte Nago et alDownload PDFBoard of Patent Appeals and InterferencesMar 27, 201210950251 (B.P.A.I. Mar. 27, 2012) Copy Citation 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. 10/950,251 09/24/2004 Tokimi Nago 03-613-2 4897 34704 7590 03/27/2012 BACHMAN & LAPOINTE, P.C. 900 CHAPEL STREET SUITE 1201 NEW HAVEN, CT 06510 EXAMINER BEAUCHAINE, MARK J ART UNIT PAPER NUMBER 3653 MAIL DATE DELIVERY MODE 03/27/2012 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 BOARD OF PATENT APPEALS AND INTERFERENCES ____________ Ex parte TOKIMI NAGO, KAZUHIKO OKAMOTO, and TORU SEKI ____________ Appeal 2010-001144 Application 10/950,251 Technology Center 3600 ____________ Before LINDA E. HORNER, STEFAN STAICOVICI, and EDWARD A. BROWN, Administrative Patent Judges. HORNER, Administrative Patent Judge. DECISION ON APPEAL STATEMENT OF THE CASE Tokimi Nago et al. (Appellants) seek our review under 35 U.S.C. § 134 of the Examiner’s decision rejecting claims 11-22. We have jurisdiction under 35 U.S.C. § 6(b). We AFFIRM-IN-PART. Appeal 2010-001144 Application 10/950,251 2 THE INVENTION Appellants’ claimed invention “relates to a bill validator, in particular, of the type which has a centering device capable of centralizing bills of different widths along a longitudinal central axis of a bill passageway in the validator.” Spec. 1. Claims 11 and 15, reproduced below, are representative of the subject matter on appeal. 11. A bill validator with a centering device comprising: a conveyer device for inwardly transporting a bill inserted from an inlet into the validator along a passageway; a validation sensor for converting a physical feature of the bill moved along the passageway into electric signals; a control device for receiving the electric signals from the validation sensor to discriminate authenticity of the bill and drive the conveyer device in response to the result of the authenticity discrimination; said centering device mounted on the validator ahead of the validation sensor, the centering device comprising a pair of pinch jaws positioned on the opposite sides of the passageway, and a centering motor such as a stepping motor for moving the pinch jaws toward and away from each other for reciprocation of the pinch jaws; wherein the conveyer device comprises belts which have a front belt mounted on a lower casing and a pair of side belts in the opposite sides of the front belt, a roller device provided on an upper casing, an inlet sensor provided ahead of the belts in electric connection to the control device, and a convey motor for driving the belts; the centering device further comprises a trigger sensor provided in the vicinity of the belts in electric connection to the control device; Appeal 2010-001144 Application 10/950,251 3 the roller device comprises a front roller and a pair of side rollers which respectively are in contact to the front and side belts mounted on the lower casing, a holder formed into a U-shape, a first shaft mounted on the holder for supporting the front roller, a second shaft rotatably mounted on the holder, the second shaft having end stems extending from the holder for supporting the side rollers thereon, and springs wound around the end stems of the second shaft for applying elastic force on the holder when the holder is rotated around the second shaft; the front and side rollers of the roller device are rotated respectively in contact to the front and side belts to inwardly transport the bill inserted from the inlet when the convey motor is rotated in the forward direction; the trigger sensor detects the bill to produce a detection signal to the control device which causes the convey motor and side rollers to rotate in the adverse direction so that the bill is returned toward the inlet and at the same time, the holder together with the front roller is rotated around the second shaft away from the front belt under a frictional force applied on the holder by elastic force of the springs to thereby keep the holder in the inclined condition and release the engagement of the bill with the belts; then, the centering motor is activated to move the pinch jaws toward and away from each other for the centering operation of the bill; the centering motor can arrive at slippage when warpage resistance of the centered bill is greater than an inherent holding torque of the stepping motor; and the conveyer device further inwardly transports the bill along the passageway after the stepping motor arrives at slippage. Appeal 2010-001144 Application 10/950,251 4 15. A bill validator with a centering device comprising: a conveyer device for inwardly transporting a bill inserted from an inlet into the validator along a passageway; a validation sensor for converting a physical feature of the bill moved along the passageway into electric signals; a control device for receiving the electric signals from the validation sensor to discriminate authenticity of the bill and drive the conveyer device in response to the result of the authenticity discrimination; a centering device mounted on the validator ahead of the validation sensor, the centering device comprising a pair of pinch jaws positioned on the opposite sides of the passageway, and a centering motor for moving the pinch jaws toward and away from each other for reciprocation of the pinch jaws to perform a centering operation wherein the pinch jaws come into contact with side edges of the bill between the pinch jaws to align a central line of the bill with a central line of the passageway; wherein the centering motor is a stepping motor which can arrive at slippage when warpage resistance of the centered bill is greater than inherent holding torque of the centering motor; wherein the conveyer device further inwardly transports the bill along the passageway after the stepping motor arrives at slippage; the conveyer device comprises belts, rollers in contact to the belts, and a reversible convey motor for driving the belts; when the convey motor is driven in the forward direction, the rollers are rotated under contact to the belts to inwardly convey the bill along the passage way; and when the convey motor is driven in the adverse direction, the belts are rotated in the adverse direction to return the bill Appeal 2010-001144 Application 10/950,251 5 toward the inlet and at the same time, release the bill from the engagement with the belts and rollers, and to place the bill between pinch jaws under the released condition for the centering operation of the bill. THE EVIDENCE The Examiner relies upon the following evidence: Kato US 5,039,080 Aug. 13, 1991 Menke US 5,368,147 Nov. 29, 1994 Onipchenko US 6,164,642 Dec. 26, 2000 Yamamoto US 6,554,270 B2 Apr. 29, 2003 Kallin US 6,789,795 B2 Sep. 14, 2004 Rosello US 6,880,707 B2 Apr. 19, 2005 Bascom US 7,168,355 B2 Jan. 30, 2007 THE REJECTIONS Appellants seek review of the following rejections: 1. Claims 11-14 and 22 under 35 U.S.C. § 103(a) as unpatentable over Menke, Kallin, Kato, Rosello, Yamamoto, Bascom, and Onipchenko. 2. Claims 15, 16, and 19 under 35 U.S.C. § 103(a) as unpatentable over Menke, Bascom, and Yamamoto. 3. Claim 17 under 35 U.S.C. § 103(a) as unpatentable over Menke, Bascom, Yamamoto, Kallin, and Onipchenko. 4. Claims 18 and 21 under 35 U.S.C. § 103(a) as unpatentable over Menke, Bascom, Yamamoto, Kallin, Onipchenko, Kato, and Rosello. 5. Claim 20 under 35 U.S.C. § 103(a) as unpatentable over Menke, Bascom, Yamamoto, and Onipchenko. Appeal 2010-001144 Application 10/950,251 6 ISSUES The issues presented by this appeal are: Does Rosello disclose a bill validator comprising a front roller that is supported on a first shaft mounted on a rotating holder and a second shaft that is mounted on the holder and has end stems extending from the holder and supporting side rollers thereon as called for in claim 11? Would the combined teachings of Menke, Bascom, and Yamamoto result in a bill validator having a conveyer device as called for in claim 15? ANALYSIS Rejections based on Menke, Kallin, Kato, Rosello, Yamamoto, Bascom, and Onipchenko The first and fourth grounds of rejection are based on the above-stated combination of references, in which the Examiner found: Rosello teaches a bill validator comprising a front roller that is mounted on a first shaft supported by a rotating holder, a second shaft that is mounted on said holder and has end stems extending from said holder and supports side rollers thereon (see item 2 at Figures 3 and 4, and item 3 at Figure 5) for the purpose of selectively conveying bills within said validator. Ans. 6, 11-12. Appellants argue the Examiner erred in making this finding. Reply Br. 3-6. Rosello identifies items 2 and 3 as “banknote feed modules.” Col. 3, l. 14. Banknote feed module 2 includes a separator roller 21 and a contra- rotating roller 22 for extracting banknotes singularly from input hopper 20. Col. 3, ll. 15-18; figs. 1, 3, 4. Rosello describes that the banknotes are then guided into stacking wheels 23, which form a stack of the banknotes on a Appeal 2010-001144 Application 10/950,251 7 hopper 24. Col. 3, ll. 18-20; figs. 1, 3, 4. Rosello discloses that as the banknotes are fed to the stacking wheels 23, they pass detectors that check the authenticity and size of the notes, and if each note is acceptable and the user agrees with the total value of the batch displayed, then a feeder stacker bar 25 is lowered thereby delivering the bundle of notes onto a feed tray 30. Col. 3, ll. 19-34; figs. 1, 3, 4. Rosello describes that banknote feed module 3 feeds notes from the feed tray 30 to a second stacker area 31 using a stripper roller 32, contra-rotating roller 33, stacking wheels 34, and stacking bar 35. Col. 3, ll. 55-64; figs. 1, 3, 5. We do not find in Rosello disclosure of a rotating holder supporting first and second shafts having mounted thereon a front roller and side rollers, respectively. Further, as noted by Appellants (Reply Br. 6), the Examiner’s rejection does not specify the components of Rosello’s banknote feed modules 2 and 3 that correspond to the rotating holder, first and second shafts, front roller, and side rollers. The Examiner’s finding that Rosello discloses a rotating holder supporting first and second shafts having mounted thereon a front roller and side rollers, respectively, is not supported by a preponderance of the evidence. As such, we cannot sustain the rejections of claims 11-14, 18, 21, and 22 under 35 U.S.C. § 103 as unpatentable over Menke, Kallin, Kato, Rosello, Yamamoto, Bascom, and Onipchenko. Appeal 2010-001144 Application 10/950,251 8 Rejection of claims 15, 16, and 19 over Menke, Bascom, and Yamamoto; rejection of claim 17 over Menke, Bascom, Yamamoto, Kallin, and Onipchenko; and rejection of claim 20 over Menke, Bascom, Yamamoto, and Onipchenko Appellants argue that claim 15 is patentable over the art of record because “claim 15 calls for the same limitations discussed above with claim 11.” App. Br. 12. Appellants also argue that dependent claims 16, 17, 19, and 20 are patentable based on their dependency from claim 15. App. Br. 12-13. With regard to claim 11, Appellants argued the limitation that “the roller device comprises a front roller and a pair of side rollers which respectively are in contact to the front and side belts mounted on the lower casing ” “clearly sets forth the driving connection between side rollers 41, 42 and side belts 11, 12,” so that “the holder 43 can be rotated upward away from front belt 9 by driving force transmitted from side belts 11, 12 through side rollers 41, 42 and frictional force applied on holder 43 by elastic force of spring 46.” App. Br. 11. Claim 15 does not recite a roller device with the same level of detail as claim 11, e.g., it does not call for a front roller and a pair of side rollers, a front belt and a pair of side belts, a rotatable, U-shaped holder, first and second shafts, or springs. As such, this argument as to patentability of claim 11 is not applicable to the subject matter of claim 15. Appellants further describe that the “trigger sensor” detects an advancing bill and the control device rotates the side rollers 41, 42 in the adverse direction to deploy the bill in position for centering, and at the same time the holder 43 is rotated away from the front belt 9 to release Appeal 2010-001144 Application 10/950,251 9 engagement of the bill with the belts 9, 11, 12 for centering. Id. Claim 15 does not call for a trigger sensor as recited in claim 11. As such, this argument as to patentability of claim 11 is not applicable to the subject matter of claim 15. Appellants further describe that centering motor 30 then moves pinch jaws 15 to center the bill and the centering motor 30 can arrive at slippage when warpage resistance of the centered bill is greater than an inherent holding torque of centering motor 30, at which time conveyor device 8 is operated to inwardly transport the bill along passageway 6. App. Br. 11-12. Appellants argue that “none of the cited art disclose or suggest such detection of a bill by a trigger sensor, driving connection between side rollers 41, 42 and side belts 11, 12, slight return movement of bill for centering movement, [and] timely operation of conveyor device after slippage of centering motor.” App. Br. 12. Claim 15 recites that “the conveyer device comprises belts, rollers in contact to the belts, and a reversible convey motor for driving the belts.” Claim 15 also calls for driving connection between the rollers and belts (second-to-last clause), a slight return movement of the bill toward the inlet to release the bill from the engagement with the belts and rollers (last clause), and operation of the conveyer device after slippage of a stepper motor used for centering (fourth clause from the end). Menke discloses a transporting device 7 having two endless toothed belts 8 extending parallel to one another at a certain distance and placed onto pairs of reversal rollers 9 in the intake region 2 and onto non-illustrated drive Appeal 2010-001144 Application 10/950,251 10 rollers which are coupled by way of a worm gear with a reversible rotation drive motor. Col. 4, ll. 56-64; fig. 1. Menke also discloses four spring- tensioned pressure rollers 15 which lie against the toothed belts 8. Col. 4, ll. 66-68; fig. 1. Menke discloses that the bank note 3 is gripped and carried by pressure rollers 15 in cooperation with toothed belts 8. Col. 5, ll. 1-3. Menke discloses that the shaft 16 of each pressure roller 15 is held in a pivotally movable holder 17 and charged by a common wire spring 18 in the direction toward toothed belts 8. Col. 5, ll. 3-7. Menke discloses opening the channel halves 21 of the centering mechanism and raising the pressure rollers 15 against the toothed belt 8, in order to permit return of an unacceptable bank note. Col. 6, l. 66 – col. 7, l. 5. As such, Menke discloses a transporting device 7 having driving connection between pressure rollers 15 and toothed belts 8, and a reversible convey motor for driving the toothed belts 8, as called for in claim 15. Further, when the convey motor of Menke is driven in the adverse direction, the belts 8 are rotated in the adverse direction to return the bill toward the inlet and release the bill from engagement with the belts 8 and rollers 15 (i.e., the bill is released from engagement once the bill passes entirely through the point of contact of the belts 8 and rollers 15 and rests in input channel 2). When the bill is disposed in the input channel 2, it is located between the channel halves 21 at which point the mechanism of Menke is capable of operating the centering mechanism for the centering operation of the bill. Appeal 2010-001144 Application 10/950,251 11 The Examiner relied on Bascom to teach a torque-limited stepper motor that can arrive at slippage/power swing damping when resistance of a flexible sheet is greater than the inherent holding torque of the stepping motor. Ans. 9. Appellants do not contest the Examiner’s finding as to the teaching of Bascom or the proposed modification of Menke’s centering device to use the centering motor of Bascom. Rather, Appellants argue that the prior art does not result in operation of the conveyor device after slippage of a stepper motor used for centering. App. Br. 12. Menke describes a sequence of movements of channel halves 21 and transporting device 7 that entails completion of alignment of bank note 3 to its longitudinal center prior to activation of transporting device 7. Col. 6, ll. 59-66. As such, the device of Menke, as modified by the stepper motor of Bascom, would result in a sequence of movements that include operation of the transporting device 7 after slippage of the stepper motor used for centering.1 As such, we do not find Appellants’ arguments persuasive of error in the rejection of claim 15 under 35 U.S.C. § 103(a) as unpatentable over Menke, Bascom, and Yamamoto. Claims 16 and 19 fall with claim 15. See 37 C.F.R. § 41.37(c)(1)(vii) (2011). We sustain the rejections of claims 17 and 20 for the same reasons as discussed supra for claim 15. 1 The Examiner relied on Yamamoto to teach “a sheet conveying apparatus comprising springs 12 that are would around the end stems of shaft 5 and apply elastic force on holder 2 . . . for the purpose of selectively applying a conveying force to a sheet being conveyed by said apparatus . . . and a front roller 1 that is mounted on holder 2 which rotate together away from a document being conveyed to release said document when said shaft is rotated in a reverse direction.” Ans. 9. Appeal 2010-001144 Application 10/950,251 12 CONCLUSIONS Rosello does not disclose a bill validator comprising a front roller that is supported on a first shaft mounted on a rotating holder and a second shaft that is mounted on the holder and has end stems extending from the holder and supporting side rollers thereon as called for in claim 11. The combined teachings of Menke, Bascom, and Yamamoto would result in a bill validator having a conveyer device as called for in claim 15. DECISION We AFFIRM the decision of the Examiner to reject claims 15-17, 19, and 20, and we REVERSE the decision of the Examiner to reject claims 11- 14, 18, 21, and 22. No time period for taking any subsequent action in connection with this appeal may be extended under 37 C.F.R. § 1.136(a). See 37 C.F.R. § 1.136(a)(1)(iv). AFFIRMED-IN-PART mls Copy with citationCopy as parenthetical citation