Ex Parte Tatsukawa - Page 5


              Appeal No. 2007-0067                                                                  
              Application No. 10/202,097                                                            

                    The second issue is whether the combination of Kawabe and                       
              Kawasaki teach the claim limitations directed to ending the reference                 
              position learning if the temporary target position is not reached in a set time       
              period?                                                                               
                                            Findings of Fact.                                       
                    Kawabe teaches a control system for controlling an electromagnetic              
              valve in an automotive engine. See abstract and column 1 lines 9-10.  The             
              valve contains two electromagnets, one to open and one to close.  See                 
              column 2 lines 59-61.  The control system makes use of a position sensor              
              and a speed sensor which measure the position and speed of the valve.  See            
              column 3, lines 10-13.  As the valve is transitioning from open to closed, or         
              vice-versa, the valve is allowed to operate uncontrolled, free movement,              
              from it starting position to a position X1.  Starting at position X1 the speed        
              of the valve is controlled to match a set speed profile until a second position       
              X2 (which corresponds to fully or nearly fully closed/open).  See figure 3            
              and column 4 lines 42-66.  These positions are preset positions.  X1 is               
              determined based on a minimum gap that can bring about an effectiveness of            
              the electromagnetic force; however we find no discussion of the process               
              used to make this determination.  See column 6, lines 1 through 5.  The               
              value X2 is selected to be zero or merely zero, which corresponds to the              
              valve being almost fully closed/open.  The system controls the valve so that          
              the speed at position X2 is zero. See column 6, lines 14 through 29.                  





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