Ex Parte Fitzgibbon - Page 3

                Appeal 2007-1838                                                                             
                Application 10/118,523                                                                       
                on the claimed limitation related to the applying “pulse modulation                          
                information” to a motor to control the speed of movement of the barrier, and                 
                then “using the [same] pulse modulation information” to determine the                        
                presence of a barrier (Br. 7).  Specifically, the issue is:                                  
                            whether using a combination of pulsed input signal and the                       
                            PWM signal for controlling the speed and obstacle detection in                   
                            Cook is the same as the claimed subject matter that requires                     
                            using the pulse modulation information for both controlling the                  
                            speed and detecting an obstacle.                                                 

                                           FINDINGS OF FACT                                                  
                      The following findings of fact (FF) are relevant to the issue at hand.                 
                      1.  Appellant’s claim 12 requires pulse modulation information to be                   
                applied to a motor for controlling the speed of movement of the barrier as                   
                well as used to determine when the barrier has encountered an obstacle.                      
                      2.  Cook discloses a method and a system for controlling a vehicle                     
                sliding door driven by an electric motor (col. 1, ll. 6-8).                                  
                      3.  The sliding door system includes a control module 28 (Figure 1)                    
                which generates output signal for controlling electric motors 30, 32, and 34                 
                to open and close the door in response to the signal from the control module                 
                (col. 2, ll. 42-50).                                                                         
                      4.  To move the door, the control module uses the pulsed input signals                 
                from the position encoder to characterize a number of door operating                         
                parameters (col. 3, ll. 13-17) as the input signals have a known relationship                
                to the rotation of the drive motor (col. 3, ll. 17-19).                                      
                      5.  Based on the duty cycle of the motor, Cook discloses that the                      
                timing between input signals and the order in which they are received are                    
                indicative of door position, direction of travel, speed and force as well as                 

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