Appeal No. 2006-2240
Application No. 10/232,015
not compatible with Larkin’s device. We are not however persuaded by this argument. Ng
teaches a torque sensor where the output is compensated for misalignments. We consider that
one skilled in the art would recognize that the output of Ng’s sensor, not the individual contact
tracts, would be input into Larkin’s system. Whether the contact tracts generate signals of
opposite polarity is of no matter, it is the output of the sensor, which is input into Larkin. The
combination is using multiple of Ng’s torque sensors (i.e. redundant sensors) to provide signals
to Larkin’s monitoring system. Thus, we do not find that the combination destroys the purpose
of the references as asserted by appellant. Accordingly, we are not persuaded of an error in the
examiner’s determination of obviousness and sustain the examiner’s rejection of claim 1.
As appellant has not presented arguments asserting that claims 2, 3, 5 through 7, 11
through 19, 21, 22, 23 and 28 through 36 are separately patentable from claim 1, we sustain the
examiner’s rejection of claims 2, 3, 5 through 7, 11 through 19, 21, 22, 23 and 28 through 36 for
the reasons stated with respect to claim 1.
Rejection of claims 8 through 10, and 24 through 27 under 35 U.S.C. § 103.
Appellant argues, on page 7 of the brief: “neither Larkin or Ng teach or suggest the
limitations of ‘said selecting is responsive to a signal selection and hysteresis process.’”
The examiner responds, on page 7 of the answer: “Larkin et al discloses a process (e.g.
fuzzy logic or weighted function) for selecting a pair of parameter signals from a plurality of
parameter pair signals. The selection process is based on some prescribed rules or conditions.
See columns 3, 5 and 7.”
We disagree with the examiner. Dependent claim 8 recites, “wherein said selecting is
responsive to signal selection and hysteresis process.” Claim 24 contains a similar limitation.
Claims 9 and 25 are dependent upon claims 8 and 24 respectively. Claims 10 and 26, each
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