Ex Parte Tieu - Page 2

               Appeal 2007-3939                                                                            
               Application 10/448,725                                                                      

                      We affirm.                                                                           
                      Appellant’s invention relates to a method and apparatus for accurately               
               detecting the position of a rotor in an electrically commutated brushless                   
               direct current (dc) spindle motor such as the type used in a data storage                   
               device to rotate a data recording disc (Specification 1).  According to                     
               Appellant, the inductive rise time (RT) exhibits an approximate linear                      
               function with respect to the rotor’s position within the commutation state                  
               (Specification 10).  This approximate linear relationship, relative to the next             
               commutation point the rotor will encounter during rotation, is used to                      
               calculate a substantially accurate position for the rotor (id.).  An                        
               understanding of the invention can be derived from a reading of exemplary                   
               independent claims 1 and 9, which are reproduced below:                                     
                      1.    A method comprising:                                                           
                            developing a model of a motor based on a response of a                         
                      winding of the motor to an application of a non-rotational inducing                  
                      current across the winding for a predetermined time period; and                      
                            determining a substantially accurate position of a rotor of the                
                      motor within a first commutation state of an electrical revolution of                
                      the motor in which the rotor resides based on the model.                             
                      9. An apparatus adapted to determine a first commutation state of                    
                      a motor that a rotor of the motor resides and determine a substantially              
                      accurate position of the rotor within the first commutation state.                   
                      The Examiner relies on the following prior art reference in rejecting                
               the appealed claims:                                                                        
                      Calfee  US 5,982,571   Nov. 9, 1999                                                  



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