HUSQVARNA AB

Patent Trials and Appeals Board

Oct 2, 2020

2020003068 (P.T.A.B. Oct. 2, 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.
15/500,158 01/30/2017 Peter Kohl 738004/10283/P3012US00 4277
148434 7590 10/02/2020
Burr Forman McNair
Husqvarna
Bank of America Plaza
101 South Tryon Street, Suite 2610
Charlotte, NC 28280
EXAMINER
TORRES, ALICIA M
ART UNIT PAPER NUMBER
3619
NOTIFICATION DATE DELIVERY MODE
10/02/2020 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):
mcnairip@mcnair.net
PTOL-90A (Rev. 04/07)
UNITED STATES PATENT AND TRADEMARK OFFICE
____________

BEFORE THE PATENT TRIAL AND APPEAL BOARD
____________

Ex parte PETER KOHL, BRUNO HÄUSSLER, KARIN SCHAFFER,
GERHARD STREITFERDT, and SIEGFRIED RAU
___________

Appeal 2020-003068
Application 15/500,158
Technology Center 3600
____________

Before LYNNE H. BROWNE, ANNETTE R. REIMERS, and
ALYSSA A. FINAMORE, Administrative Patent Judges.

REIMERS, Administrative Patent Judge.

DECISION ON APPEAL

Appeal 2020-003068
Application 15/500,158
2
STATEMENT OF THE CASE1,2
Appellant3 appeals under 35 U.S.C. § 134(a) from the Examiner’s
decision to reject claims 1 and 2 under 35 U.S.C. § 102(a)(1) as anticipated
by Hall (US 1,632,597, issued June 14, 1927). We have jurisdiction under
35 U.S.C. § 6(b).
We REVERSE.

CLAIMED SUBJECT MATTER
The claimed subject matter “is directed to a fruit collector, a retaining
bracket, and a collecting container of and for such a fruit collector.” Spec.
1:3–5, Figs. 1–3.
Claim 1, the sole independent claim on appeal, is representative of the
claimed subject matter and recites:4
1. A retaining bracket for a fruit collector, the retaining
bracket being arranged to pivotably retain a fruit collecting
container, and comprising a hub which is arranged to pivotably

1 The subject application was previously before the Patent Trial and Appeal
Board in Appeal No. 2018-006884. See Decision dated Oct. 2, 2018. In that
Decision, the adverse decision of the Examiner was REVERSED.
Following that Decision, Appellant reopened prosecution and further
amended the claims.
2 The Examiner indicates that “[c]laims 3-7 are objected to as being
dependent upon a rejected base claim, but would be allowable if rewritten in
independent form including all of the limitations of the base claim and any
intervening claims” and “[c]laims 8-13, 15 and 17-18 are allowed.” Final
Office Action (“Final Act.”) 4, dated May 17, 2019; see also id. at 1 (Office
Action Summary).
3 We use the word Appellant to refer to “applicant” as defined in 37 C.F.R.
§ 1.42. Appellant identifies the real party in interest as Husqvarna AB.
Appeal Brief (“Appeal Br.”) 1, filed Oct. 16, 2019.
4 We refer to the Claims Appendix submitted in the Supplemental Appeal
Brief (“Supp. Appeal Br.”), filed Nov. 8, 2019.
Appeal 2020-003068
Application 15/500,158
3
retain a stub axle section of the collecting container projecting
from an axial end of the collecting container,
wherein the hub comprises an inner, central hole
configured and sized to enable fruits collected in the collecting
container to pass through, and arranged to communicate via a
container opening at the stub axle section with a container inner
volume once the collecting container is coupled to the hub.

ANALYSIS
Independent claim 1 is directed to a retaining bracket including a hub
“compris[ing] an inner, central hole . . . arranged to communicate via a
container opening . . . with a container inner volume once the . . . container
is coupled to the hub.” Supp. Appeal Br. 2, Claims App. The Examiner
finds that Hall discloses a hub B “comprising an inner, central hole (the hole
inside of B, Fig. 6),” the central hole being
arranged to communicate via a container opening (the open right
end of tube A supported by and at the right hub B as seen in Fig.
3) at the stub axle section (the open right end of A supported in
right B, seen best in Fig. 3, page 1, lines 69-71) with a container
inner volume (the interior of A) once the collecting container (A)
is coupled to the hub (B).

Ans. 4;5 see also id. (The Examiner’s annotated versions of Figures 2 and 3
of the subject invention and Figures 3 and 6 of Hall); Final Act. 3; Hall
1:69–71, Figs. 3, 6.
As an initial matter, Appellant acknowledges that “[t]he Examiner is
correct in that Appellant inadvertently referred to the alleged collecting
container of Hall as ‘C’ in the Appeal Brief but should have referred to it as
‘A’.” Reply Br. 2.6 Appellant further states that “[i]n this regard, the

5 Examiner’s Answer (“Ans.”), dated Jan. 16, 2020.
6 Reply Brief (“Reply Br.”), filed Mar. 16, 2020.
Appeal 2020-003068
Application 15/500,158
4
inadvertent[] labelling of the alleged collecting container as ‘C’ rather than
‘A’ does not change Appellant’s assertion that Hall does not anticipate the
claimed subject matter of independent claim 1.” Reply Br. 2; see also
Appeal Br. 4; Ans. 3–4.
Appellant contends that Hall “discloses only that reference numeral
‘B’ is a bearing that supports a revolvable, hollow cylindrical tube” and “[i]n
this regard, the alleged hub ‘B’ of Hall is not in any way related to the
claimed hub that is arranged to communicate via a container opening at
a stub axle section with a container inner volume.” Reply Br. 2; see also
Appeal Br. 4. In other words, according to Appellant, “Hall does not
disclose anything in relation to the alleged hub B being arranged to
communicate via the container opening with a container inner volume (the
interior of A).” Reply Br. 2. Instead, “the alleged hub ‘B’ of Hall is nothing
more than a bearing that is only configured to support a tube A.” Id. (citing
Hall Fig. 3).
Appellant has the better position here. First, Appellant correctly
points out that “Hall provides no disclosure regarding communication of the
opening of ‘B’ with the inner volume of ‘A’.” Reply Br. 3; see also Hall,
passim. To Appellant’s point, Hall merely discloses that “A is a revolvable,
hollow, cylindrical tube supported by bearings B at each end, shown best in
Figures 3 and 6.” Hall 1:60–62, Figs. 3, 6; see also Appeal Br. 4; Reply Br.
2. Second, Appellant also correctly points out that “Hall clarifies that the
berry conveyor belt I is suspended within the tube A.” Reply Br. 3
(emphasis added); see also Hall 1:82–83 (“I is a berry conveyor belt
suspended within said tube ‘A’.” (emphasis added)). Figure 3 of Hall, as
annotated by the Board, is presented below.

Appeal 2020-003068
Application 15/500,158
5

The Board’s annotated version of Figure 3 of Hall above “is an
elevation—through line 3—3 looking forward in direction shown by arrows
on Figure 2.” Hall 1:19–21. Based on Hall’s disclosure and Figure 3, we
agree with Appellant that “the alleged collecting container A extends
through the hole or openings of the alleged hub ‘B’ in order to house
conveyor belt I.” Reply Br. 3. Stated differently, “the alleged collecting
container A extends through and is only supported by the alleged hub ‘B’ of
Hall,” such that “[t]here is no communication between the opening of B and
the inner volume of the collecting container A,” as required by claim 1. Id.
(emphases added). Consequently, we further agree with Appellant that Hall
fails to teach or suggest a hub “compris[ing] an inner, central hole . . .
arranged to communicate via a container opening . . . with a container inner
volume once the . . . container is coupled to the hub,” as recited in claim 1.
Id. at 2–3.
Accordingly, for the above reasons, we do not sustain the Examiner’s
rejection of claims 1 and 2 as anticipated by Hall.
Appeal 2020-003068
Application 15/500,158
6

CONCLUSION
In summary:
Claims 35 U.S.C. § Basis/References Affirmed Reversed
1, 2 102(a)(1) Hall 1, 2

REVERSED