Ex parte NYE et al. - Page 2




              Appeal No. 1997-3670                                                                                       
              Application No. 08/541,799                                                                                 


                     The invention is directed to a system and method for controlling strain in a                        
              foundation member using a pre-formed modular control patch assembly having sensor and                      
              actuator piezoelectric elements.  A programmed digital compensator stabilizes operation                    
              of the assembly and the foundation member to which it is applied.                                          
                     Representative independent claim 1 is reproduced as follows:                                        
                     1.  A control unit for controlling strain in a foundation member, the control unit                  
                     comprising an assembly being a pre-formed patch containing a base, a                                
                     piezoelectric sensor and a piezoelectric actuator located in operative                              
                     relative relationship, means for placing the assembly in operative                                  
                     relationship with the foundation member whereby the sensor detects a strain                         
                     in the foundation member and whereby the actuator imparts a strain-inducing                         
                     force to the foundation member, means for connecting control electronics in                         
                     operative relationship with the assembly, and the control electronics                               
                     including a programmable digital compensator, the compensator having                                
                     means for periodically storing and updating an input list of most recent input                      
                     values and an output list of most recent output values, and means for                               
                     determining a new output value as a weighted algebraic sum of selected                              
                     ones of the input and output values of the input and output lists.                                  
                     The examiner relies on the following references:                                                    
                     Lazarus et al. (Lazarus)                   5,374,011            Dec. 20, 1994                       
                                                                              (filed Nov. 13, 1991)                      
                     Mendenhall et al. (Mendenhall)             5,424,596            Jun. 13, 1995                       
                                                                              (filed Oct. 05, 1992)                      
                     Barrett                                    5,440,193            Aug. 08, 1995                       
                                                                       (filed Apr. 07, 1993)1                            
                     Claims 1-38 stand rejected under 35 U.S.C. § 112, first paragraph as relying on a                   

                     1The filing date may go back as far as Feb. 27, 1990, depending on the new matter introduced by     
              its continuation-in-part parent application but there is no argument or issue as to the availability of Barrett
              as a prior art reference.                                                                                  
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