Ex Parte Fitzgibbon - Page 6

                Appeal 2007-1838                                                                             
                Application 10/118,523                                                                       
                                                ANALYSIS                                                     
                      Appellant’s position with respect to the teachings of Cook is that the                 
                prior art combination of pulsed input signal and the PWM used for detecting                  
                obstacles (Br. 8; Reply Br. 4) is not the same as the claimed using the same                 
                signal for both functions (Br. 7; Reply Br. 4).  We disagree.  As asserted by                
                the Examiner (Answer 4), we find that there is nothing in the claims that                    
                requires using only the pulse modulated signal to determine an obstruction                   
                and exclude the other signals from making obstacle determination.                            
                      We also note that contrary to Appellant’s assertion that Cook uses                     
                PWM signal for controlling the motor while pulsed input signal provides the                  
                motor’s current measurement (Reply Br. 5), pulsed input signals are used                     
                both for controlling motor speed (FF 4 & 5) and obstacle detection (FF 8)                    
                although the duty cycle of drive motor is adjusted using pulse width                         
                modulation of the signal (FF 7).  As long as the pulsed input signal is, in                  
                some way, used to control the speed of motor movement (FF 5 & 7) and to                      
                detect obstruction (FF 8), the broad recitation of “applying” and “using”                    
                pulse modulation information in the claims reads on the control method of                    
                Cook.                                                                                        
                      Giving the broadest reasonable interpretation to the claims and                        
                considering our analysis above, we find that Cook anticipates the subject                    
                matter recited in claim 12 as the reference teaches all the recited features.                
                Additionally, Appellant does not argue claim 17 separately from claim 12                     
                (Br. 7-10) and thus, allows claim 17 to fall with claim 12.                                  
                      With respect to the rejection of claims 13 and 16, Appellant argues                    
                that the portion of Cook in columns 3 and 9 relied on by the Examiner                        
                contain unrelated concepts and do not teach the maximum allowed force                        

                                                     6                                                       

Page:  Previous  1  2  3  4  5  6  7  8  9  Next

Last modified: September 9, 2013