CARL ZEISS INDUSTRIELLE MESSTECHNIK GMBH

Patent Trials and Appeals Board

Mar 9, 2022

2021004006 (P.T.A.B. Mar. 9, 2022)

UNITED STATES PATENT AND TRADEMARK OFFICE 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 APPLICATION NO. FILING DATE FIRST NAMED INVENTOR ATTORNEY DOCKET NO. CONFIRMATION NO. 15/848,282 12/20/2017 Guenter GRUPP 50928-3 5559 179535 7590 03/09/2022 Miller Johnson 409 E Jefferson Avenue, Fifth Floor Detroit, MI 48226 EXAMINER TRUNEH, ZEMENAY T ART UNIT PAPER NUMBER 2846 NOTIFICATION DATE DELIVERY MODE 03/09/2022 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): griffithb@millerjohnson.com patents@millerjohnson.com raymonda@millerjohnson.com PTOL-90A (Rev. 04/07) UNITED STATES PATENT AND TRADEMARK OFFICE ____________ BEFORE THE PATENT TRIAL AND APPEAL BOARD ____________ Ex parte GUENTER GRUPP, OTTO RUCK, PETER UHL, and THOMAS MAIER ____________ Appeal 2021-004006 Application 15/848,282 Technology Center 2800 ____________ Before ADRIENE LEPIANE HANLON, JENNIFER R. GUPTA, and JANE E. INGLESE, Administrative Patent Judges. INGLESE, Administrative Patent Judge. DECISION ON APPEAL The Appellant1 requests review under 35 U.S.C. § 134(a) of the Examiner’s final rejection of claims 1-20.2 We have jurisdiction under 35 U.S.C. § 6(b). We REVERSE. 1 “Appellant” refers to the “applicant” as defined in 37 C.F.R. § 1.42. The Appellant identifies the real party in interest as CARL ZEISS INDUSTRIELLE MESSTECHNIK GMBH. Appeal Brief filed November 19, 2020 (“Appeal Br.”), 3. 2 Final Office Action entered May 15, 2020 (“Final Act.”), 1. Appeal 2021-004006 Application 15/848,282 2 CLAIMED SUBJECT MATTER Claim 1 illustrates the subject matter on appeal, and reads as follows: 1. A method for checking a drive current of an electric machine of a coordinate measurement device, wherein the electric machine includes an electric drive having a stator and a rotor and wherein the drive current is fed to the electric drive to drive the rotor, the method comprising: detecting a measurement value of an electrical input variable of the electric machine, wherein: the electrical input variable is (i) a total current consumed by the electric machine or (ii) an electrical variable corresponding to the total current consumed by the electric machine and the total current consumed by the electric machine includes current consumed by other electrical components in the electrical machine in addition to current consumed by the electric drive; detecting a value of the drive current; determining a calculation value of the electrical input variable based on (i) the detected value of the drive current and (ii) a performance model of the electric machine; and determining a comparison value based on a difference value between (i) the measurement value of the electrical input variable and (ii) the calculation value of the electrical input variable, in order to check the detected value of the drive current. Appeal Br. 16 (Claims Appendix) (emphasis added). The remaining independent claims on appeal-claims 12 and 13-recite a method and apparatus, respectively, that each include elements similar to the elements italicized above in claim 1. Appeal Br. 19-20 (Claims Appendix). Appeal 2021-004006 Application 15/848,282 3 REJECTIONS The Examiner maintains the following rejections in the Examiner’s Answer entered April 8, 2021 (“Ans.”): I. claims 1-4, 7, and 11-19 under 35 U.S.C. § 103 as unpatentable over Uhl;3 and II. claims 5 and 6 under 35 U.S.C. § 103 as unpatentable over Uhl in view of Fu;4 and III. claims 8-10 and 20 under 35 U.S.C. § 103 as unpatentable over Uhl in view of Kuroda.5 FACTUAL FINDINGS AND ANALYSIS Upon consideration of the evidence relied upon in this appeal and each of the Appellant’s contentions, we reverse the Examiner’s rejections of claims 1-20 under 35 U.S.C. § 103 for reasons set forth in the Appeal and Reply Briefs, and below. Uhl discloses an electric machine including a coordinate measurement device and one or more electric motors that move the coordinate measurement device according to a set speed and acceleration. Uhl ¶¶ 14- 17, 32, 43. Uhl discloses measuring electrical drive current that flows through the electric motor(s), and checking the measured drive current for measurement errors by comparing the measured drive current to a current limit value. Uhl ¶¶ 32, 35, 36, 43-45. Uhl discloses determining the drive current limit value based on the speed and acceleration values set for movement of the coordinate measuring device, and/or based on measured 3 Uhl et al., US 2008/0295349 A1, published December 4, 2008. 4 Fu et al., US 2014/0184125 A1, published July 3, 2014. 5 Kuroda, US 2013/0334995 A1, published December 19, 2013. Appeal 2021-004006 Application 15/848,282 4 values of the actual speed and acceleration at which the coordinate measuring device moves. Id. The Examiner determines that the “actual speed and acceleration” Uhl discloses corresponds to a measurement value of an electrical input variable as recited in the independent claims. Final Act. 6 (citing Uhl ¶ 36). Independent claims 1, 12, and 13, however, require the recited measurement value of an electrical input variable to be either a total current consumed by the recited electric machine, or an electrical variable corresponding to or representative of the total current consumed by the electric machine. As discussed above, Uhl discloses determining the drive current limit value based on the speed and acceleration set for movement of the coordinate measuring device, and/or based on measured values of the actual speed and acceleration at which the device moves. Uhl ¶¶ 32, 35, 36, 43-45. On the record before us, the Examiner does not identify any disclosure in Uhl that teaches or would have suggested determining Uhl’s drive current limit value based on the total current consumed by Uhl’s electric machine, or based on an electrical variable corresponding to or representative of the total current consumed by the electric machine. Nor does the Examiner provide technical reasoning supported by objective evidence establishing that the set speed and acceleration and/or measured values of the speed and acceleration Uhl discloses correspond to, or representative of, the total current consumed by Uhl’s electric machine. The Examiner, therefore, does not establish that Uhl teaches or would have suggested all the elements of independent claims 1, 12, and 13. We, accordingly, do not sustain the Examiner’s rejection of claims 1-20 under 35 U.S.C. § 103. Appeal 2021-004006 Application 15/848,282 5 DECISION SUMMARY Claims Rejected 35 U.S.C. § Reference(s)/ Basis Affirmed Reversed 1-4, 7, 11-19 103 Uhl 1-4, 7, 11-19 5, 6 103 Uhl, Fu 5, 6 8-10, 20 103 Uhl, Kuroda 8-10, 20 Overall Outcome 1-20 REVERSED