Hubbell Incorporated

Patent Trials and Appeals Board

Oct 26, 2020

15144037 - (D) (P.T.A.B. Oct. 26, 2020)

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.
15/144,037 05/02/2016 Perry Romano 208-061US 2034
131588 7590 10/26/2020
Dilworth IP - HUBBELL
2 Corporate Drive
Suite 206
Trumbull, CT 06611
EXAMINER
GUHARAY, KARABI
ART UNIT PAPER NUMBER
2875
NOTIFICATION DATE DELIVERY MODE
10/26/2020 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@dilworthip.com
PTOL-90A (Rev. 04/07)

UNITED STATES PATENT AND TRADEMARK OFFICE
____________

BEFORE THE PATENT TRIAL AND APPEAL BOARD
____________

Ex parte PERRY ROMANO
and ADAM JOSEPH CLARK
____________

Appeal 2020-000422
Application 15/144,037
Technology Center 2800
____________
Before GEORGE C. BEST, N. WHITNEY WILSON, and
WESLEY B. DERRICK, Administrative Patent Judges.
BEST, Administrative Patent Judge.
DECISION ON APPEAL
Pursuant to 35 U.S.C. § 134(a), Appellant1 appeals from the
Examiner’s decision to reject claims 1–5 and 7–20 of Application
15/144,037. Final Act. (August 23, 2018). We have jurisdiction under
35 U.S.C. § 6.
For the reasons set forth below, we affirm.

1 We use the word “Appellant” to refer to “applicant” as defined in 37
C.F.R. § 1.42. Appellant identifies Hubbell Inc. as the real party in interest.
Appeal Br. 2.
Appeal 2020-000422
Application 15/144,037
2
BACKGROUND
The ’037 Application describes solid state lighting (SSL) fixtures.
Spec. ¶ 1. In particular, the Specification describes an SSL fixture that can
be used in a recessed lighting application. Id. ¶ 3. The SSL fixture includes a
housing configured to be installed in a recess and an SSL assembly capable
being secured to the housing outside the recess. Id. The SSL assembly can
be formed from a heat dissipating material that transfers heat generated by
the SSL assembly to ambient air. Id.
Claim 1 is representative of the ’037 Application’s claims and is
reproduced below from Appellant’s Response to Notice of Non-Compliant
Appeal Brief under 37 C.F.R. §41.37 (“Corrected Claims App.”) (May 1,
2019).
1. An SSL fixture comprising:
a recessed housing configured to be installed in a recess;
an SSL assembly capable of being secured to the
recessed housing outside the recess, the SSL assembly being at
least partially made of a heat dissipating material capable of
transferring heat generated by the SSL assembly to ambient air;
dimmable drivers; and
a thermal regulation circuit electrically coupled to the
dimmable drivers, the thermal regulation circuit causing the
dimmable drivers to reduce wattage used by an SSL light
engine in response to a detected increase in temperature of the
SSL light engine above a predefined threshold temperature.
Corrected Claims App. 2 (emphasis added).
Appeal 2020-000422
Application 15/144,037
3
REJECTION
On appeal, the Examiner maintains the following rejection:
1. Claims 1–5 and 7–20 are rejected under 35 U.S.C. § 103 as
unpatentable over the combination of Luk2 and Pistilli.3 Final Act. 3.
DISCUSSION
The ’037 Application includes three independent claims—claims 1,
10, and 17. Appellant argues for reversal of the rejection of these
independent claims based upon a limitation common to the all three. See
Appeal Br. 4–8. In particular, each of the independent claims requires that
the thermal regulation circuit reduce the wattage used by an SSL light
engine “in response to a detected increase in temperature of the SSL light
engine above a predefined threshold temperature.” Claim 1; cf. claims 10,
17.
In rejecting independent claims 1, 10, and 17, the Examiner found that
Luk describes or suggests each limitation of the independent claims except
for the thermal regulation circuit. See Final Act. 3 (claims 1, 17); 5 (claim
10). The Examiner further found that Pistilli describes a thermal regulation
circuit that reduces the wattage used by the SSL light engine in response to a
detected increase in temperature of the SSL light engine above at least one
predefined threshold. Id. at 3–4 (claims 1, 17); 5 (claim 10). The Examiner
further found that Pistilli describes its thermal regulation circuit as
protecting the SSL from damage caused by increases in temperature. Id. at 4
(claims 1, 17); 5 (claim 10). Based upon these findings, the Examiner

2 US 2016/0281939 A1, published September 29, 2016.
3 US 9,192,027 B1, issued November 17, 2015.
Appeal 2020-000422
Application 15/144,037
4
concluded that it would have been obvious to a person of ordinary skill in
the art at the time of the invention to use Pistilli’s thermal regulation circuit
in Luk’s light fixture to protect the lighting device. Id. at 4 (claims 1, 17); 6
(claim 10).
Appellant argues that the Examiner erred by finding that Pistilli
describes its thermal regulation circuit as detecting the temperature of the
SSL light engine as required by the claims. Appeal Br. 5. According to
Appellant, “Pistilli only measures ‘ambient temperatures’ (i.e., temperatures
of the surrounding environment). For example, Pistilli may measure ambient
temperatures within or adjacent to the luminaire.” Id.
This argument is not persuasive.
Pistilli specifically teaches that its dimmer circuit “may be mounted
on the circuit board with the light sources, or may be an integral part of a
power supply.” Pistilli 5:60–62 (reference numbers omitted).
Similarly, paragraph 35 of the Specification states that “[t]he thermal
regulation circuit can directly measure the temperature as close to the LED
solder point as possible. The thermal regulation circuit can consist of surface
mounted components mounted on the light engine board 60 (e.g., printed
circuit board).” Spec. ¶ 35. Light engine board 60 is part of the SSL light
engine. Id. ¶ 30 (“[T]he SSL light engine 54 may include a light engine
board 60 having one or more SSL light element 62.”).
Pistilli, therefore, describes measuring the temperature of the
surrounding environment using a temperature sensor located as described
and claimed in the application on appeal. Thus, we affirm the rejection of all
of the pending claims in the ’037 Application.
Appeal 2020-000422
Application 15/144,037
5
CONCLUSION
In summary:
Claims Rejected 35 U.S.C. § Basis Affirmed Reversed
1–5, 7–20 103 Luk, Pistilli 1–5, 7–20
No time period for taking any subsequent action in connection with
this appeal may be extended under 37 C.F.R. § 1.136(a).
AFFIRMED