Ex parte Dolan et al.

Board of Patent Appeals and Interferences

Jul 28, 1998

08018575 (B.P.A.I. Jul. 28, 1998)

Application for patent filed February 17, 1993.1
1
THIS OPINION WAS NOT WRITTEN FOR PUBLICATION
The opinion in support of the decision being entered today
(1) was not written for publication in a law journal and
(2) is not binding precedent of the Board.
Paper No. 14
UNITED STATES PATENT AND TRADEMARK OFFICE
____________
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
_____________
Ex parte JAMES M. DOLAN, FRANK D. RAMIREZ
and ROBERT J. TOLMIE JR.
____________
Appeal No. 95-5121
Application 08/018,5751
____________
ON BRIEF
____________
Before THOMAS, HAIRSTON and CARMICHAEL, Administrative Patent
Judges.
CARMICHAEL, Administrative Patent Judge.
DECISION ON APPEAL
This is an appeal from the final rejection of claims 1,
4-8, and 11-14, which constitute all the claims remaining in the
application.
Claim 1 reads as follows:
Appeal No. 95-5121
Application 08/018,575
2
1. Apparatus for commutation of a brushless motor
having encoder means comprising a plurality of Hall-effect
sensors operative for providing commutation information to a
motor controller, the apparatus comprising an output drive
section which includes three high-side power P-channel FETs and
three low-side power N-channel FETs connected to determined
stator windings of the brushless motor; a low-side pre-drive
circuit operative to selectively turn on each of the low-side
FETs and a high-side pre-drive circuit operative to selectively
turn on each of the high-side FETs; a commutation decode logic
circuit; an oscillator connected to the commutation decode logic
circuit for providing a clock signal thereto; and, said
commutation decode logic circuit being connected to the Hall-
effect sensors to receive the commutation position information
from the Hall-effect sensors and being connected to the high-side
and low-side pre-drive circuits for providing selection signals
for selecting the appropriate power FETs for commutating the
motor, the apparatus also including an overcurrent detection and
current limiting circuit connected to the low-side power FETs to
monitor current through the motor.
The Examiner’s Answer cites the following prior art:
Melocik et al. (Melocik) 4,514,665 Apr. 30, 1985
Reinhardt et al. (Reinhardt) 4,724,347 Feb. 9, 1988
Volz et al. (Volz) 4,843,288 Jun. 27, 1989
Gerschner et al. (Gerschner) 4,982,143 Jan. 1, 1991
Yaguchi 5,051,672 Sep. 24, 1991
Sei et al. (Sei) 5,216,293 Jun. 1, 1993
Le 5,258,696 Nov. 2, 1993
OPINION
Claims 1, 4, 5, 7, 8, 11, 12 and 14 stand rejected
under 35 U.S.C. § 103 as unpatentable over Le in view of Volz,
Reinhardt, Sei, Melocik, and Yaguchi. Claims 6 and 13 stand
rejected under 35 U.S.C. § 103 as unpatentable over Le in view of
Volz, Reinhardt, Sei, Melocik, Yaguchi and Gerschner.
Appeal No. 95-5121
Application 08/018,575
3
According to the examiner, it would have been obvious
to reverse Le’s p-n order as taught by Sei because this requires
a large voltage difference to turn each transistor on and this in
turn makes the system largely noise tolerant. Examiner’s Answer
at 3. Appellants argue that Sei did not suggest such a
modification because Sei operates on CMOS components whereas Le
employs power FETs.
The mere fact that the prior art may be modified in the
manner suggested by the examiner does not make the modification
obvious unless the prior art suggested the desirability of the
modification. In re Fritch, 972 F.2d 1260, 1266 n.14, 23 USPQ2d
1780, 1783-84 n.14 (Fed. Cir. 1992).
In the present case, we find that Sei did not suggest
the desirability of modifying Le as proposed by the examiner.
Sei employs logic FETs, using logic level signals in a logic
device. The p-n order may or not be reversed depending on the
needs of the logic device. Column 5, lines 23-49. This is
insufficient to suggest reversing the p-n order of Le’s power
FETs.
Appeal No. 95-5121
Application 08/018,575
4
CONCLUSION
The rejections are not sustained.
REVERSED
JAMES D. THOMAS )
Administrative Patent Judge )
)
)
)
KENNETH W. HAIRSTON ) BOARD OF PATENT
Administrative Patent Judge ) APPEALS AND
) INTERFERENCES
)
)
JAMES T. CARMICHAEL )
Administrative Patent Judge )
Appeal No. 95-5121
Application 08/018,575
5
Charles G. Parks, Jr.
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Intellectual Property and Technology
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