Ex Parte Fitzgibbon - Page 7

                Appeal 2007-1838                                                                             
                Application 10/118,523                                                                       
                recited in the claims (Reply Br. 5-6).  We disagree and find that both                       
                portions of Cook relate to using the relative ratio of pulse intervals to                    
                determine that the force imparted by the motor has exceeded a force                          
                threshold and therefore, an obstacle has been encountered (FF 8-10).                         
                Therefore, we find that Cook anticipates the subject matter of claims 13 and                 
                16 as Appellant has failed to show any errors in the Examiner’s position.                    
                      Turning now to the rejection of claims 14 and 15, we note Appellant’s                  
                arguments that Cook’s learned value (col. 6, ll. 15-33) is not a force                       
                threshold value (Br. 11; Reply Br. 7).  Although the Examiner has not                        
                specifically pointed to a force threshold value in Cook that is determined                   
                during a learning mode or from memory (Answer 5-6), we find that the                         
                portions relied on by the Examiner are reasonably related to the claimed                     
                features.  Additionally, by way of embellishing upon the Examiner’ analysis,                 
                we find that the door system of Cook does provide for determining the                        
                characteristics of the door during a learning mode (FF 12) such that motion                  
                characteristics of the door are learned.  Among these characteristics are                    
                those described by Cook in subsequent passages such as door position and                     
                pulse intervals which are indicative of the close and open positions of the                  
                door (FF 11) as well as other characteristics such as the force imparted by                  
                the motor (FF 9) or the force threshold value.  Additionally, we find that the               
                predetermined value of 100 Newtons (FF 10) defines a value that is stored                    
                and may be obtained from memory, as recited in claim 15.  Thus, we find no                   
                error in the Examiner’s position finding claims 14 and 15 anticipated by                     
                Cook.                                                                                        




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