Ex Parte Subramanian Muthu et alDownload PDFPatent Trial and Appeal BoardDec 31, 201814150296 (P.T.A.B. Dec. 31, 2018) Copy Citation UNITED STA TES p A TENT AND TRADEMARK OFFICE APPLICATION NO. FILING DATE 14/150,296 01/08/2014 23413 7590 01/03/2019 CANTOR COLBURN LLP 20 Church Street 22nd Floor Hartford, CT 06103 FIRST NAMED INVENTOR Kumar Subramanian Muthu 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. 12PLAS0258-US-NP 9779 EXAMINER AUNG,SANM ART UNIT PAPER NUMBER 3657 NOTIFICATION DATE DELIVERY MODE 01/03/2019 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): usptopatentmail@cantorcolbum.com PTOL-90A (Rev. 04/07) UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE PATENT TRIAL AND APPEAL BOARD Ex parte KUMAR SUBRAMANIAN MUTHU and DINESH MANA 1 Appeal 2018-003775 Application 14/150,296 Technology Center 3600 Before MICHAEL L. HOELTER, ANNETTE R. REIMERS, and JEREMY M. PLENZLER, Administrative Patent Judges. REIMERS, Administrative Patent Judge. DECISION ON APPEAL STATEMENT OF THE CASE Appellant appeals under 35 U.S.C. § 134(a) from the Examiner's decision to reject claims 1--4, 6-8, 10-15, 17-19, and 21-24 under 35 U.S.C. § 103 as unpatentable over Mana (US 2012/0104778 Al, published May 3, 2012). Claims 5, 9, 16, and 20 have been canceled. We have jurisdiction under 35 U.S.C. § 6(b). We REVERSE. 1 SABIC Global Technologies B.V., ("Appellant") is the applicant as provided under 3 7 C.F .R. § 1.46 and is identified as the real party in interest. Appeal Brief 2 ("Appeal Br."), filed Sept. 25, 2017. Appeal2018-003775 Application 14/150,296 CLAIMED SUBJECT MATTER The claimed subject matter relates to "energy management systems, specifically compliant energy absorbing systems that use tensile and/or elastic deformation to absorb energy during an impact." Spec. ,r 1, Figs. 1, 5. Claims 1, 11, and 1 7 are independent. Claim 1 is illustrative of the claimed subject matter and recites: 1. An energy absorbing element, comprising: stiff members, wherein adjacent stiff members are connected by opposing hinges; and a central member connecting a first pair of the opposing hinges along a longitudinal direction; wherein the stiff members have a greater tensile strength than the central member; and wherein the central member is adapted to elastically extend along the longitudinal direction when an impact normal to the central member is applied to the energy absorbing element; further comprising a connecting member disposed between two adjacent stiff members, wherein the connecting member is disposed nearly perpendicular to the central member; wherein the stiff members comprise a polymeric material, a thermoset material, or a combination comprising at least one of the foregoing. 2 Appeal2018-003775 Application 14/150,296 ANALYSIS Independent claim 1 is directed to an energy absorbing element including "a central member connecting a first pair of the opposing hinges along a longitudinal direction," "wherein the central member is adapted to elastically extend along the longitudinal direction when an impact normal to the central member is applied to the energy absorbing element." Appeal Br. 11, Claims App. The Examiner finds Mana discloses: a central member (56, Figures 1, 6-7) connecting a first pair of the opposing hinges along a longitudinal direction ( all pieces are connected together and therefore, all comer are [sic.] function as hinges, Attached figure and figures 1, 6-7); wherein the central member (56) is adapted to elastically extend along the longitudinal direction when an impact normal to the central member is applied to the energy absorbing element (The energy absorbing component ( e. g. crush lobes) of the assembly can be designed to absorb energy and deform during impact ............ the energy absorber and serve as a stiff member that elastically deforms, Paragraph 33, Figures 1, 6-7). Final Act. 3--4; see also id. at 10 (the Examiner's annotated version of Figures 6 and 7 of Mana). 2 Appellant contends the central member of the subject invention "connects a first pair of the opposing hinges along a longitudinal direction .. . . Such a feature allows the central member to elastically extend along the longitudinal direction when an impact normal to the central member is applied to the energy absorbing element." Appeal Br. 9; see also Reply Br. 3. 3 According to Appellant, this feature is not disclosed in Mana as Mana discloses "crash cans with plastic deformation, as opposed to the claimed 2 Final Office Action ("Final Act."), dated Apr. 20, 2017. 3 Reply Brief ("Reply Br."), filed Feb. 26, 2018. 3 Appeal2018-003775 Application 14/150,296 hinges which are capable of providing elastic deformation." Appeal Br. 9; see also Reply Br. 3. Even if the four comers of crash can 16 of Figures 6 and 7 of Mana "function as hinges" as the Examiner proposes (see Final Act. 3; see also id. at 10 (the Examiner's annotated version of Figures 6 and 7 of Mana)), vertical wall (central member) 56 connects to the middle, not to the comer(s) of side face (stiff member) 60 of crash can 16. Additionally, in the description of Figures 6 and 7, Mana discloses "vertical wall 56 provide[ s] stiffness to the crash can 16 to aid it in absorbing energy upon an impact." Mana ,r 50 (emphasis added). Vertical wall (central member) 56's ability to provide stiffness to side face ( stiff member) 60 of crash can 16 does not suggest the allowance of any turning or pivoting of side face (stiff member) 60 as would be suggested at a hinge position. Thus, a preponderance of the evidence does not support the Examiner's finding that Mana discloses "a central member connecting a first pair of the opposing hinges along a longitudinal direction," as claimed. We acknowledge Mana discloses that support structure 12 can "serve as a stiff member that elastically deforms and absorbs energy during pendulum and barrier impacts." Mana ,r 33 ( emphasis added). However, Appellant correctly notes Mana discloses that crash can 16 "can be designed to plastically deform and absorb energy during Allianz impact and/or for RCAR and also can provide support for the plastic beam." Mana ,r 33 (emphasis added); see also Appeal Br. 9; Reply Br. 3. Support structure 12 and crash can 16 are two separate elements ofMana's energy absorbing assembly 10. See e.g., Mana ,r,r 42--44, 50, 51, Figs. 1-3, 6, 7. Based on Mana's disclosure, we agree with Appellant that Mana discloses "crash cans 4 Appeal2018-003775 Application 14/150,296 [16] with plastic deformation." Appeal Br. 9; see also Reply Br. 3. Given that vertical wall ( central member) 56 is a component of crash can 16, we agree with Appellant that Mana fails to disclose "the central member is adapted to elastically extend along the longitudinal direction when an impact normal to the central member is applied to the energy absorbing element," as claimed. See Appeal Br. 9; see also Reply Br. 3. Similar to claim 1, independent claims 11 and 17 include language directed to a central member connecting a first pair of the opposing hinges along a longitudinal direction and the central member being adapted to elastically extend along the longitudinal direction when an impact normal to the central member is applied to the energy absorbing element. Appeal Br. 13, 15, Claims App. The Examiner relies on the same unsupported findings in Mana for claims 11 and 17 as discussed above for claim 1. See Final Act. 6-8, 10. Thus, the Examiner's findings with respect to Mana are deficient for claims 11 and 1 7 as well. For these reasons, we do not sustain the Examiner's rejection of claims 1--4, 6-8, 10-15, 17-19, and 21-24 as unpatentable over Mana. DECISION We REVERSE the decision of the Examiner to reject claims 1--4, 6-8, 10-15, 17-19, and 21-24 as unpatentable over Mana. REVERSED 5 Copy with citationCopy as parenthetical citation