Ex Parte Liu et al

Board of Patent Appeals and Interferences

Jan 15, 2009

10776510 (B.P.A.I. Jan. 15, 2009)

BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
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Ex parte CHENG-CHIEH LIU, YAO-LUNG HUANG, MING-
SHI TSAI, and WEN-SHI HUANG
________________

Appeal 2009-0108
Application 10/776,510
Technology Center 2800
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Decided: January 15, 2009
________________

Before KENNETH W. HAIRSTON, JOHN A. JEFFERY, and MARC S.
HOFF, Administrative Patent Judges.

HAIRSTON, Administrative Patent Judge.

DECISION ON APPEAL

Appellants appeal under 35 U.S.C. § 134 from a final rejection of
claims 1 to 17. We have jurisdiction under 35 U.S.C. § 6(b).
We will sustain the rejection.
Appellants have invented a motor speed control device applied to a
fan that comprises a thermal sensor for detecting an environmental
temperature of the fan, a driving element for driving the fan to a specific
speed according to the detected temperature, and a control element
electrically connected between the driving element and the thermal sensor
for adjusting the voltage of the thermal sensor to change a rotation speed and
a temperature range of the fan (Fig. 3A; Spec. 2, 3, 5, and 6).
Claim 1 is representative of the claims on appeal, and it reads as
follows:
1. A motor speed control device, applied to a fan, comprising:
a thermal sensor detecting an environmental temperature of the
fan;
a driving element driving the fan to a specific speed according to
the detected temperature; and
a control element connected electrically between the driving
element and the thermal sensor for adjusting a first voltage of the
thermal sensor to change a rotation speed and a temperature range of
the fan.
The prior art relied upon by the Examiner in rejecting the claims on
appeal is:
Cheng US 5,197,858 Mar. 30, 1993
The Examiner rejected claims 1 to 17 under 35 U.S.C. § 102(b) based
upon the teachings of Cheng.
ISSUE
Appellants argue inter alia that Cheng does not include a control
element that adjusts the voltage of the thermal sensor to change the rotation
speed and temperature range of the fan as set forth in the claims on appeal
(App. Br. 6 and 7). Thus, the issue before us is: have the Appellants shown
that Cheng does not describe a control element that adjusts the voltage of the
thermal sensor to change the rotation speed and temperature range of the
fan?
FINDINGS OF FACT
1. As indicated supra, Appellants describe and claim a motor speed
control device electrically connected between a thermal sensor that detects
an environmental temperature of a fan, and a driving element that drives the
fan to a specific speed according to the detected temperature. The control
element adjusts a first voltage of the thermal sensor to change a rotation
speed and temperature range of the fan.
2. Cheng describes a motor speed control device (Fig. 2) applied to a
fan that comprises a thermal sensor Rth for detecting an environmental
temperature of the fan (col. 1, ll. 8 to 10 and 48 to 51; col. 2, ll. 1 to 3), a
driving element (i.e., a Hall element IC1 and a driving IC IC2 for driving the
fan to a specific speed according to the detected temperature (col. 2, ll. 31 to
55), and a control element (i.e., operational amplifier IC31 and transistors
TR1 and TR2) electrically connected between the driving element and the
thermal sensor for adjusting a first voltage of the thermal sensor to change a
rotation speed and a temperature range of the fan (col. 2, l. 56 to col. 3, l.
35). In Cheng, variable speed by thermal control is achieved via the variable
voltage output Vo from the operational amplifier IC31 in the control element
which causes the collector current of transistor T1 to change to thereby
change the speed of the fan (col. 3, ll. 1 to 4, 26 to 30, and 45 to 52).
3. In Cheng, the transistors TR1 and TR2 operate in unison with
comparator/operational amplifier IC31, and resistors Ra and Rb to form a
switching circuit.
4. In Cheng, the resistors R9 and R10 are electrically connected in
parallel with the thermal sensor Rth, and the voltage Vth is compared with
Vref to produce a variable voltage output Vo that turns on the transistor TR2
to thereby control the temperature range and the speed of the fan (col. 2, l.
56 to col. 3, l. 26).
5. In Cheng, the resistor R4 is electrically connected in series with the
thermal sensor Rth.
6. In Cheng, the control element includes a subtraction circuit
comprised of comparator/operational amplifier IC31, and resistors R5 to
R13 that operate together to reduce the temperature range of the fan to a full
speed (col. 2, l. 56 to col. 3, l. 26).
7. In Cheng, the control element includes a division circuit formed by
resistors R9 and R10, a comparator/operational amplifier IC31, and an
output circuit that comprises resistors Ra and Rb and transistors TR1 and
TR2.
PRINCIPLES OF LAW
Anticipation is established when a single prior art reference discloses
expressly or under the principles of inherency each and every limitation of
the claimed invention. Atlas Powder Co. v. IRECO Inc., 190 F.3d 1342,
1347 (Fed. Cir. 1999); In re Paulsen, 30 F.3d 1475, 1478-79 (Fed. Cir.
1994).
ANALYSIS
With regard to the Appellants’ argument that Cheng does not include
a control element that adjusts the voltage of the thermal sensor to change the
rotation speed and temperature range of the fan, we find that the variable
voltage output Vo from the comparator/operational amplifier IC31 in the
control element accomplishes the exact functions as set forth in claims 1 to 3
and 17 on appeal (Findings of Fact 2). The motor speed control device
described by Cheng includes a thermal sensor Rth that detects an
environmental temperature of the fan, and a driving element in the form of a
Hall sensor and a driver IC that drives the fan to a specific speed according
to the detected temperature (Finding of Fact 2).
Turning to claims 4 and 5, the transistors TR1 and TR2 in Cheng
operate in unison with comparator/operational amplifier IC31 and resistors
Ra and Rb to form a switch circuit (Finding of Fact 3).
With respect to claims 6 and 14, the resistors R9 and R10 in Cheng
are electrically connected in parallel with the thermal sensor Rth, and the
comparator/operational amplifier IC31 compares Vth with Vref to produce a
variable voltage output Vo that turns on the transistor TR2 to thereby control
the temperature range and the speed of the fan (Finding of Fact 4).
Turning next to claims 7 and 15, the resistor R4 in Cheng is
electrically connected in series with the thermal sensor Rth (Finding of Fact
5).
A subtraction circuit as set forth in claims 8 to 10 and 16 is found in
Cheng’s control element (i.e., comparator/operational amplifier IC31, and
resistors R5 to R13 that operate together to reduce the temperature range of
the fan to a full speed).
Turning lastly to claims 11 to 13, the control element in Cheng
includes a division circuit formed by resistors R9 and R10, a
comparator/operational amplifier IC31, and an output circuit that comprises
resistors Ra and Rb and transistors TR1 and TR2 (Finding of Fact 7).
In summary, Cheng describes the motor speed control device elements
set forth in claims 1 to 17. Atlas Powder Co., 190 F.3d at 1347; Paulsen, 30
F.3d at 1478-79.
CONCLUSION OF LAW
Appellants have not shown any error in the Examiner’s findings that
Cheng describes the motor speed control device elements set forth in claims
1 to 17.
ORDER
The anticipation rejection of claims 1 to 17 is affirmed.
No time period for taking any subsequent action in connection with
this appeal may be extended under 37 CFR § 1.136(a)(1)(iv).
AFFIRMED

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