Ex Parte Vertanen

Patent Trial and Appeal Board

Jul 22, 2016

12694918 (P.T.A.B. Jul. 22, 2016)

UNITED STA TES p A TENT AND TRADEMARK OFFICE
APPLICATION NO.
12/694,918
129925
ABB Inc,
7590
FILING DATE
01127/2010
07/26/2016
Taft, Stettinius & Hollister LLP
One Indiana Square
Suite 3500
Indianapolis, IN 46204-2023
FIRST NAMED INVENTOR
Mikko VERTANEN
UNITED STATES DEPARTMENT OF COMMERCE
United States Patent and Trademark Office
Address: COMMISSIONER FOR PATENTS
P.O. Box 1450
Alexandria, Virginia 22313-1450
www .uspto.gov
ATTORNEY DOCKET NO. CONFIRMATION NO.
1034456-000154 6874
EXAMINER
CHAN, KAWING
ART UNIT PAPER NUMBER
2837
NOTIFICATION DATE DELIVERY MODE
07/26/2016 ELECTRONIC
Please find below and/or attached an Office communication concerning this application or proceeding.
The time period for reply, if any, is set in the attached communication.
Notice of the Office communication was sent electronically on above-indicated "Notification Date" to the
following e-mail address( es):
taft-ip-docket@taftlaw.com
PTOL-90A (Rev. 04/07)
UNITED STATES PATENT AND TRADEMARK OFFICE
BEFORE THE PATENT TRIAL AND APPEAL BOARD
Ex parte MIKKO VERT ANEN1
Appeal2015-000701
Application 12/694,918
Technology Center 2800
Before BRADLEY R. GARRIS, ROMULO H. DELMENDO, and
JENNIFER R. GUPTA, Administrative Patent Judges.
GARRIS, Administrative Patent Judge.
DECISION ON APPEAL
Pursuant to 35 U.S.C. § 134, Appellant appeals from the Examiner's
rejections under 35 U.S.C. § 103(a) of independent claims 1, 5, and 6 as
unpatentable over Sarlioglu et al. (US 2007/0007922 Al, published Jan. 11,
2007) ("Sarlioglu") in view of Schulz et al. (US 2008/0224651 Al,
published Sept. 18, 2008) ("Schulz") and of dependent claims 2--4 as
unpatentable over these references in combination with Takahashi et al.
1 ABB OY is identified as the real party in interest. App. Br. 2.
Appeal2015-000701
Application 12/694,918
(US 2003/0030406 Al, published Feb. 13, 2003) ("Takahashi"). We have
jurisdiction under 35 U.S.C. § 6.
We REVERSE.
Appellant claims a method of synchronizing an inverter with an
alternating voltage source comprising synchronizing with a phase angle and
angular velocity obtained by measuring a current generated by the
alternating voltage source and flowing through diodes of the inverter "when
the inverter is not modulating and when the phase-to-phase amplitude of the
generated voltage exceeds the voltage of an intermediate voltage source"
(claim 1 ). Appellant also claims a corresponding inverter (claim 5) and a
non-transitory computer readable medium (claim 6).
A copy of representative claim 1, taken from the Claims Appendix of
the Appeal Brief, appears below.
1. A method of synchronizing an inverter with an alternating voltage
source, the method comprising:
measuring a current generated by the alternating voltage source and
flowing through diodes of the inverter when the inverter is not modulating
and when the phase-to-phase amplitude of the generated voltage exceeds the
voltage of an intermediate voltage source;
determining a phase angle and angular velocity relating to the
alternating voltage source from the measured current for synchronizing the
inverter and the alternating voltage source; and
initiating modulation of the inverter using the phase angle and angular
velocity.
The Examiner finds that "Sarlioglu fails to disclose the current is
measured when the inverter is not modulating" (Final Action 4) but that
Schulz discloses "current is measured during field weakening control and
phase-to-phase voltage exceeds voltage of voltage source" (id. at 5) and that
Specification paragraph 19 teaches "the inverter is not modulating in the
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Appeal2015-000701
Application 12/694,918
field weakening region" (id.). Based on these findings, the Examiner
concludes that it would have been obvious "to have modified the teachings
of Sarlioglu with the teachings of Schulz, since it is known to retain current
control of the PM machine by field weakening method when line-to-line
voltage becomes greater than the bus voltage" (id.).
Appellant argues that the Examiner has misinterpreted paragraph 19
of the Specification and that paragraph 19 "does not disclose that when the
permanent magnet machine is in the field weakening region, the inverter is
automatically not modulating" (App. Br. 7). Appellant further argues
"Schulz discloses that in the field weakening, the machine is controlled, i.e.
the inverter is modulating" (id. at 8).
In response, the Examiner reiterates the proposition that "paragraph
[0019] . . . states the inverter is not modulating in a situation when the
machine is in field weakening region[, and] [t]herefore, Schulz teaches the
measured current is measured when the inverter is not modulating since the
disclosed machine is in field-weakening situation" (Ans. 3).
Appellant's arguments are persuasive. Specification paragraph 19
recites "[i]n some situations, the permanent magnet machine may also be
rotating without control (i.e. the inverter is not modulating) in the field
weakening region." This recitation merely teaches that, in some situations,
the inverter is not modulating in the field weakening region. Accordingly,
as argued by Appellant and contrary to the Examiner's belief, paragraph 19
fails to disclose that the inverter is automatically not modulating whenever
the machine is in the field weakening region. Moreover, Schulz expressly
teaches "[t]o retain current control of the PM machine, the back EMF is
generally reduced using field-weakening" (i-f 2 (emphasis added)). This
teaching of retaining current control of the machine supports Appellant's
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Appeal2015-000701
Application 12/694,918
position that in the field-weakening described by Schulz the inverter is
modulating (i.e., controlling) rather than not modulating as urged by the
Examiner.
For these reasons, we agree with Appellant that the Examiner's
findings regarding Schulz and Specification paragraph 19 are erroneous. As
a consequence, we do not sustain the Examiner's § 103 rejections of the
independent claims and of the claims which depend therefrom.
The decision of the Examiner is reversed.
REVERSED
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