UNITED STATES PATENT AND TRADEMARK OFFICE
UNITED STATES DEPARTMENT OF COMMERCE
United States Patent and Trademark Office
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APPLICATION NO. FILING DATE FIRST NAMED INVENTOR ATTORNEY DOCKET NO. CONFIRMATION NO.
11/328,408 01/09/2006 Thomas C. Nation 81135414(19650) 2547
57444 7590 07/20/2012
AUTOMOTIVE COMPONENTS HOLDINGS LLC
C/O MACMILLAN, SOBANSKI & TODD, LLC
ONE MARITIME PLAZA, FIFTH FLOOR
720 WATER STREET
TOLEDO, OH 43604-1853
EXAMINER
BAYOU, AMENE SETEGNE
ART UNIT PAPER NUMBER
3746
MAIL DATE DELIVERY MODE
07/20/2012 PAPER
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.
PTOL-90A (Rev. 04/07)
UNITED STATES PATENT AND TRADEMARK OFFICE
____________
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
____________
Ex parte THOMAS C. NATION, STEPHEN T. KAMPFER,
JAMES KNIGHT, and JAMES L. THOMPSON
___________
Appeal 2010-006179
Application 11/328,408
Technology Center 3700
____________
Before EDWARD A. BROWN, MICHAEL L. HOELTER, and BENJAMIN
D. M. WOOD, Administrative Patent Judges.
BROWN, Administrative Patent Judge.
DECISION ON APPEAL
Appeal 2010-006179
Application 11/328,408
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STATEMENT OF THE CASE
Thomas C. Nation et al. (Appellants) seek our review under 35 U.S.C.
§ 134 of the rejection of claims 1-5, 9-13, and 17. (App. Br. 1). We have
jurisdiction under 35 U.S.C. § 6(b).
We REVERSE.
THE INVENTION
Appellants' invention is directed to a fuel pump system and a method
for pumping fuel to an engine in a vehicle in which film formation between
the commutator and brushes is reversed by supplying a boost voltage
exceeding the nominal voltage rating to induce arcing. (Spec. 3).
Independent claim 1, reproduced below with emphasis added, is
illustrative of the subject matter on appeal.
1. A fuel pump system for pumping fuel to an
engine in a vehicle, comprising:
a pump motor including a carbon-based
commutator and brushes in a position exposed to
said fuel resulting in a film forming between said
commutator and brushes, wherein said pump
motor has a nominal voltage rating;
a power circuit coupled to said pump motor
for selectably providing an operating voltage and a
boost voltage, wherein said boost voltage is greater
than said nominal voltage rating; and
a controller for selecting said operating
voltage during an ordinary run cycle and selecting
said boost voltage during a clean-up cycle,
wherein said controller selects said clean-up cycle
for a limited time that is sufficiently short to avoid
damage to said pump motor from exceeding said
nominal voltage rating and sufficiently long to
Appeal 2010-006179
Application 11/328,408
3
create arcing between said commutator and
brushes that reverses formation of said film.
THE REJECTION
The Examiner rejected claims 1-5, 9-13, and 17 under 35 U.S.C.
§ 103(a) as unpatentable over Mohan (US 5,092,302, issued Mar. 3, 1992)
and Shimoda (N. Shimoda et al., "A study on commutation arc and wear of
brush in gasoline of D.C. motor," Proceedings of the Thirty-Ninth IEEE
Holm Conference on Electrical Contacts, 151-56 (1993)).
ANALYSIS
Claims 1-5, 9, and 10
Regarding claim 1, the Examiner found Mohan discloses a fuel pump
system comprising a pump motor, a commutator, and brushes exposed to
fuel resulting in film formation, with the pump motor having a nominal
voltage rating. (Ans 3-4). The Examiner found Mohan does not disclose a
controller that selects a clean-up cycle for a limited time short enough to not
cause damage to the pump motor, but long enough to create arcing that
reverses film formation. (Ans 4).
The Examiner found Shimoda discloses applying a boost voltage
("voltage plateau") for a limited time during commutation, causing the
removal of brush material and gasoline that is absorbed on the surface layer
of the brush. (Ans 4). The Examiner concluded that it would have been
obvious to one of ordinary skill in the art "to modify the fuel pump system
of Mohan by supplying a boost voltage (. . . the arc voltage causing brush
and commutator material removal) as taught by Shimoda et al in order to
Appeal 2010-006179
Application 11/328,408
4
clean the film deposit." (Ans 4). The Examiner further determined that
because Appellants' Specification states that filming is a common problem,
it would have been obvious to use Mohan to boost the voltage to create
sufficient arcing to dissolve the film. (Ans. 5).
Appellants contend that Shimoda does not disclose filming, and there
is no reason to associate the brush wear discussed in Shimoda with the
removal of filming. (Reply Br. 1-2). Regarding "filming," the Examiner
cites to a description in Shimoda of "gasoline . . . absorbed on the surface
layer of the brush." (Ans. 4, citing Shimoda p. 155, col. 1, para. 3). An
ordinary meaning of "absorb" is "to suck up or take up
." Merriam-Webster's Collegiate
Dictionary 5 (11th ed. 2003). In light of this definition, there is insufficient
evidence in the record for us to conclude that the gasoline "absorbed" on the
surface layer of a brush is necessarily a "film."
Appellants further contend that Shimoda does not teach the use of
arcing to reduce filming. (App. Br. 5). Appellants contend that Shimoda
discusses how arcing damages the brush and commutator, but provides no
motivation for increasing the incidence of arcing. (App. Br. 5). Appellants
contend that Shimoda does not use arcing as a method to accomplish
anything, but rather characterizes arcing as something that is to be avoided.
(Reply Br. 2).
We agree with Appellants that Shimoda discloses detrimental brush
wear caused by arcing, and how this damage varies under different
conditions. (See, e.g., Shimoda p. 155, left col., l. 35 – "Arc occurrence
damages brush and commutator."; Shimoda p. 153, Table 3 - “Brush wear”
(comparing brush wear as lost volume for different materials in air and in
Appeal 2010-006179
Application 11/328,408
5
gasoline)). The Examiner did not identify any disclosure in Shimoda of
controlling the "boost voltage" to produce controlled arcing in order to
remove filming between a commutator and brushes while avoiding brush
wear and pump damage, much less any disclosure that teaches or suggests
using a controller that selects a boost voltage during a clean-up cycle "for a
limited time that is sufficiently short to avoid damage to said pump motor
from exceeding said nominal voltage rating and sufficiently long to create
arcing between said commutator and brushes that reverses formation of said
film." Accordingly, we do not sustain the rejection of claim 1, and claims 2-
5, 9, and 10 which depend therefrom.
Claim 11-13, and 17
Independent claim 11 is directed to a method of operating a pump
motor in a fuel system comprising, inter alia, the step of "supplying a boost
voltage to said pump motor during a clean-up cycle, wherein . . . said clean-
up cycle is sufficiently short to avoid damage to said pump motor from
exceeding said nominal voltage rating and sufficiently long to create arcing
between said commutator and brushes that reverses formation of said film."
(Emphasis added). The Examiner found Mohan and Shimoda inherently
would perform the claimed method. (Ans. 8). As discussed supra, the
Examiner did not make a finding supported by a preponderance of the
evidence that Shimoda controls arcing to avoid damage to brushes, but
utilizes it long enough to reverse formation of film between a commutator
and the brushes. As such, the Examiner did not establish that the
combination of Mohan and Shimoda would inherently (i.e., necessarily)
perform the claimed method. Thus, for reasons similar to those discussed
Appeal 2010-006179
Application 11/328,408
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supra for the rejection of claim 1, we also do not sustain the rejection of
claim 11, and claims 12, 13, and 17 which depend therefrom.
DECISION
The decision of the Examiner to reject claims 1-5, 9-13, and 17 is
REVERSED.
REVERSED
mls
