Appeal No. 2006-1094
Application No. 09/976,788
as the target slip is approached (i.e., as a function of time), the desired slip being
calculated based in part on the measured engine speed.
The examiner’s position in rejecting the claims on appeal is that, while
Cowan does not disclose direct measurement of input or engine torque, the engine
speed or RPM, which is measured and used as an input in calculating the desired
slip, is indicative of torque and the desired slip value is thus selected taking into
account the input torque. The examiner also contends that the language “taking
into account” is much broader than appellant’s arguments imply and does not
require that the setpoint be calculated using a measured value of input torque
(answer, p. 3).
The appellant argues that Cowan does not disclose, or even suggest, that its
system takes into account input torque currently applied to a torque converter in
making the error adjustment and points out that Cowan allows rapid torque
changes to be absorbed by short periods of increased or decreased slip without
being felt by the driver (brief, p. 5). Additionally, the appellant contends that the
examiner’s broad interpretation of “taking into account” and assertion that engine
speed is an indicator of engine output torque and is directly related to engine
output torque must be drawing on facts within the personal knowledge of the
examiner, since no support was provided for these allegedly conclusory assertions
(reply brief, p. 2).
First, we agree with the examiner that the claim language “taking into
account” does not require that the setpoint value be calculated using a measured
6
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: November 3, 2007