Ex Parte Sato et al - Page 7


               Appeal No. 2006-0945                                                                                                
               Application No. 10/245,888                                                                                          
               comprehended that an air conditioner is yet another instance of a load factor that depends on the                   
               specific model and age of the unit, similar to the circumstances calling for the learning capability                
               in Narita I and would therefore have been motivated to apply the bifurcated adjustment of Narita                    
               II to the learning tables of Narita I.  Alternatively, a person of ordinary skill in the art would have             
               reached the same conclusion by seeing that Narita II’s teaching that such a ON/OFF decision                         
               path for air conditioners arises because there is no direct monitoring of reverse torque. As Narita                 
               II goes on to teach, an approximation from a look up table is needed instead, and the effect of an                  
               air conditioner on actual performance is going to cause any data in the table, derived from                         
               driving conditions absent an air conditioner, to err significantly.  Narita II then provides the                    
               solution of an adjustment for the air conditioning load.  But upon also reading Narita I, a person                  
               of ordinary skill would immediately comprehend that a single fixed value to represent device                        
               performance, such as that of an air conditioner, results in less than optimal performance because                   
               of actual operating characteristic differences among various devices and even of the same device                    
               over time.  Narita I then teaches that an effective mechanism to correct such performance                           
               degradation is to establish a learning mechanism based on the variables that are measured.                          


                       Given that to apply Narita II to Narita I would involve little more than adding the test for                
               whether an air conditioner is ON or OFF and two sets of learning look up tables instead of one,                     
               this would appear to have been well within the capacity of one of ordinary skill in the art.                        


                       Because we find that the breadth of the claimed “operation load of the air conditioner”                     
               encompasses Narita’s embodiment of the ON/OFF operation load and that when Narita’s air                             
               conditioner is turned ON, the operation load increases as in claim 1, and that Narita provides a                    


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