lN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`PATENT
`
`Application of: Mario Boisvert and Randall Perrin
`
`Serial No.: 10i765,487
`
`FiHng Date: January 27, 2004
`
`Title: COLUS~ON MONiTORING SYSTEM
`
`Examiner: Marlon T. Fletcher
`
`Art Unit 2837
`
`Docket No.: i4-133C201
`
`TaroiH, Sundheim, Covell & Tummino, LLP
`Suite 1700
`1300 East Ninth Street
`Cleveland, OH 44114
`
`MAIL STOP AMENDMENT
`Commissioner for Patents
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`Amendment
`
`In response to the office action having a mailing date of April10, 2007, please
`
`amend this application as follow~:
`
`BNA/Brose Exhibit 1042
`IPR2014-00416
`Page 1
`
`

`

`Claim Status
`
`1 . (Previously Presented) Apparatus for controlling motion of a motor driven
`element in a vE~hic!e over a range of motion and for altering said motion when
`
`undesirable resistance to said motion is encountered, said apparatus comprising:
`
`a) a sensor for meast,~ring a parameter of a motor coupled to the motor driven
`
`element that varies in response to a resistance to motion during all or part of a range of
`
`motion of the motor driven element;
`
`b) a memory for storing a number of measurement values from the ,sensor
`based on immediate past measurements of said parameter over at least a portion of a
`present traversal of said motor driven element through said range of motion;
`
`c) a controller coupled to the memory for determining to de-activate the motor
`
`based on a most recent sensor measurement of the parameter and the immediate past
`
`measurement values stored in the memory as the motor driven element mQves over its
`range of motion; and
`d) a controller interface coupled to the motor for altering motion of said motor
`driven element in response to a determination made by the controller.
`
`2. {Original) A method for controlling motion of a motor driven element in a vehicle
`
`over a range of motion and for altering sai.d motion when undesirabfe resistance to said
`
`motion is encountered, said method comprising:
`
`a) measuring a parameter of a motor coupled to the motor driven element that
`varies in response to a resistance to motion d~Jring all or part of a range of motion of the
`motor driven element by taking a multiplicity of measurements as the motor moves the
`
`motor driven element over its range of motion;
`
`b) storing a number of measurement values based on measurements of said
`
`parameter over at !east a portlon of said range of motion;
`
`c) determining that the parameter is outside a parameter range bas~d on
`
`previous stored measurement values as the motor driven element moves over its range
`
`2
`
`BNA/Brose Exhibit 1042
`IPR2014-00416
`Page 2
`
`

`

`·Of motion; and
`
`d) altering motion of said motor driven element in response to a determination
`
`that the parameter is outside the parameter range.
`
`3. {Original) The method of claim 2 wherein the motor driven element is .a window or
`
`panel and additionally comprising reverse actuating the window or panel prior to moving
`said window or panel in a direction to close the window or paneL
`
`4. {Original) The method of claim 3 additionally comprising maintaining ~ position of
`
`the window or panel based on the sensed parameter and the reverse actu*ion is
`initiated if a leading edge of the window or panel is near a closed position. ~
`
`5. (Original} The method of claim 4 movement is first initiated toward a dosed
`position when a leading ed9e of the window or panel §s near the closed position and
`wherein the reverse actuation is performed upon a sensing of an obstacle that is based
`
`on determining the parameter is outside the parameter range.
`
`6. (Previously Presented) Apparatus for controlling activation of a motor coupled to a
`
`motor vehicle window or panel for moving said window or panel along a travel path and
`
`de-activating the motor i'f an obstacle is encountered by the window or panel, said
`
`apparatus comprising:
`a} a sensor for sensing movement of the window or panel and providing .a
`sensor output signa! related to a speed of movement of the window or panel;
`
`b) a switch for controllably actuating the motor by providing an energization
`
`signal; and
`c) a controller having an interface coupled to the sensor and the switch for con(cid:173)
`
`trollably energizing the motor; said controller sensing a collision with an ob~truction
`wht=m power is applied to the controller by:
`i) monitoring movement of the windoW or panel by monitoring a sign~l from the
`
`3
`
`BNA/Brose Exhibit 1042
`IPR2014-00416
`Page 3
`
`

`

`sensor related to the movernent of the window or panel;
`
`ii) adjusting an obstacle detection threshold in real time based on in[lmediate
`
`past rneasurements of the signal sensed by the sensor to adapt to varying k;onditions
`
`encountered during operation of the window or panel;
`!ii) identifying a collision of the window or panel with an obstacle due to a change
`
`in the signal from the sensor that is related to a change in movement of the window or
`
`panel by comparing a value based on a most recent signal from the sensor with the
`
`obstacle detection threshold; and
`iv) outputting a control signal to said switch to deactivate said motor :in response
`to a sensing of a collision between an obstacle and said window or panel.
`
`7. (Original} The apparatus of claim 6 wherein the controller comprises a
`
`programmable controller including a processing unit for executing a control program
`
`and including a memory· for storing multiple window or panel speed values
`
`corresponding to a signal received from the sensor_
`
`8. (Original) The apparatus of claim 6 additionally comprising one or more limit
`
`switches for use by the controUer to determine window or pane! position for use in
`identifying a collision.
`
`9. (Cancelled)
`
`10. (Original) The apparatus of claim 6 wherein the controller maintains a position of
`a leading edge of the window or panel and further wherein the controller reverse
`
`energizes the motor to move the window or panel away from a closure position prior to
`activating the motor to dose the window or panel.
`
`11. (Original) The apparatus of claim 1 0 wherein the controller reverse energizes the
`
`motor in response to a sensing of an obstacle and the reverse energizing and attempt
`
`4
`
`BNA/Brose Exhibit 1042
`IPR2014-00416
`Page 4
`
`

`

`to move the window or panel to a closed position is performed to confirm sensing of the
`
`obstacle.
`
`12. (Previously Presented) Apparatus for controlling activation of a motor for moving
`an object along a travel path and de-activating the motor if an obstacle is encountered
`i
`by the object comprising:
`a) a movement sensor for monitoring movement of the object as the motor
`
`moves said ob}ect along a travel path;
`
`b) a switch for controlling energization of the motor with an energiz~tion signal;
`
`and
`
`c) a controller including an interface coupled to the switch for controllably
`
`energizing the motor and sajd interface additionally coupling the controller to the
`
`movement sensor for monitoring signals from said movement sensor; said controller
`comprising a stored program that
`i) determines motor speed of movement from an output signal from the
`
`movement sensor ;
`
`ii) calculates an obstacle detect threshold based on motor speed of movement
`
`detected during a present run of said motor driv·en element_;
`
`iii) compares a value based on currentiy sensed motor speed of movement with
`
`the obstacle detect threshold; and
`
`iv) outputs a signal from the interface to said switch for stopping the motor if the
`
`comparison based on currently sensed motor movement indicates the object has
`
`contacted an obstacle.
`
`13. (Original) The apparatus of dalm 12 wherein the controller includes ;:i buffer
`memory for storing successive values of motor movement for use in determining the
`obstacle detect threshold.
`
`14. (Original) The apparatus of claim 12 wherein the controller includes a clock and
`
`5
`
`BNA/Brose Exhibit 1042
`IPR2014-00416
`Page 5
`
`

`

`an lnput from the movernent sensor is in a form of a sequence of pulses and further
`
`wherein the controller counts clock signals occurrences between receipt of pulses to
`provide an indication of motor speed_
`
`15. (Original) The apparatus of claim 12 wherein the controller includes an interface
`for monitoring user actuation of control inputs for controlling movement of the window or
`panel and wherein the controHer maintains a motor energization sequence !a specified
`minimum time period. in response to a short period user actuation of said control inputs
`
`to maintain position accuracy in monftoring window or panel rnovem~nt.
`
`16. (Original) The apparatus of claim 12 wherein the controller includes [an interface
`
`for monitoring user actuation of control inputs for controlling movement of the object
`
`and wherein in response to a specified input the controller conducts a calibration motor
`
`energization sequence to determine parameters of object
`
`17, (Originaf) The apparatus of claim 12 wherein the motor is coupled td a motor
`
`vehicle window or panel and wherein the controller includes an interface fot monitoring
`
`user actuation of control inputs for controlling movement of the window or panef and
`
`wherein the controller maintains a position indication which is updated in response
`
`movement of the window or panel and further wherein the controller reverse actuations
`
`the motor near an end point in an object path of travel to avoid false obstacle detection
`
`in the region of closure of the window or panel.
`
`18. (Or!gina!} The apparatus of claim 12 wherein the sensor is a current sensor and
`
`wherein the controller includes means for adjusting the obstacle threshold based on
`
`dynamic motor current as sens~d from the current sensor to take into account varying
`
`loads experienced by the motor.
`
`19. (Previously Presented) Apparatus for controlling activation of a motor for moving
`
`6
`
`BNA/Brose Exhibit 1042
`IPR2014-00416
`Page 6
`
`

`

`a window or pane! along a travel path and de-.activating the motor if an obstacle is
`encountered by the window or panel comprising:
`
`a) a sensor for sensing movement of a window or panel along a trayel path;
`
`b) a switch for controlling energization of the motor with an energiz<ltion signal;
`
`and
`
`c} a controller coupled to the switch for controllably energiztng the motor and
`
`having an interface coupling the controllm to the sensor and to the switch; said
`
`controller comprising decision making logic for:
`i) monitoring a signal from the sensor;
`il) calculating a real time obstacle detect threshold based on tre signal
`
`that is detected during at least one prior period of motor operation during fY!ovement
`
`along a present or current path of travel of said window or panel :
`iii} comparing a value based on a currently sensed motor parameter with
`the obstacle detect threshold; and
`
`iv) stopping movement of the window or panel by controlling ~n output to
`said switch that controls motor energization if the comparison based on a currently
`
`sensed motor parameter indicates the window or panel has contacted an obstacle.
`
`20. (Previously Presented) Apparatus for controlling act1vation of a motor for moving
`a window or panel along a travel path and de-activating the motor if an obstacle is
`encountered by the window or panel comprising:
`
`a) a sensor for generating speed signals representative of the window or panel
`speed as the motor moves the window or panel along a travel path;
`
`b) an obstacle detection controller for monitoring at least a part of the travel
`
`path of the window or panel for sensing and generating an obstacle detect signa!
`
`indicating the presence in said travel path of an obstacle to movement of th~e window or
`panel;
`
`c) a switch coupled to said controller for controlling energization of the motor
`
`with an energization signal; and
`
`I
`I
`
`BNA/Brose Exhibit 1042
`IPR2014-00416
`Page 7
`
`

`

`d) said controller for processing speed signals and obstacle detectibn signals
`
`and controlling operation of the motor in response to said speed or obstacl~ detection
`
`signats; said controller including:
`
`i) a storage for storing a number of speed signals that vary with motor speed;
`ii) a processor for calculating an obstacle detect threshold based on ~ one or more
`speed signals stored in said storage obtained in reat time based on immediate past
`
`measures of the speed signal sensed by the sensor to adapt to varying conditions
`encountered during movement along a present path of travel of said window or panel;
`iH) a logic unit for making a comparison between a value representi1g window .or
`
`panel speed based on a currently sensed motor speed signal with the calc~lated
`obstacle detect threshofd, and generating a control output if an obstacle is petected
`
`based on said comparison; and
`
`iv) an interface coupled to said switch for changing the state of the SWitch to stop
`
`the motor.
`
`21. (Original} The apparatus of claim 20 wherein the sensor for generatt.ng a speed
`
`signai comprises a Hall·effect sensor.
`
`22. (Orlgina~) The apparatus of claim 20 wherein the sensor tor generating a speed
`
`signal comprises a magnetic pick-up.
`
`23. (Original) The apparatus of claim 20 additi"onal!y comprising an obstafle detector
`
`having an output coupled to the controller that senses a disruption in a regipn through
`
`which the window or panel moves.
`
`24. {Original) The apparatus of claim 23 wherein the obstacle detector domprises a
`
`microwave generator and a reflected wave transducer.
`
`25 .. (Original) The apparatus of claim 23 wherein the obstacle detector comprises an
`
`8
`
`BNA/Brose Exhibit 1042
`IPR2014-00416
`Page 8
`
`

`

`infrared light source and detector.
`
`26. (Previously Presented} The apparatus of claim 23 wherein the obsta¢!e detector
`
`comprises a field effect device.
`
`'
`
`27. (currently amended) The apparatus of claim 2:+- 26 wherein the field effect device
`
`comprises a magnetic field inductive sensor.
`
`28. (Previously Presented) Apparatus for controlling activation of a motor coupled to
`a motor vehicle window or panel for moving said window or panel along a travel path
`
`and de-activating the motor when a predetermined position is encountered: by the
`window or panel, said apparatus comprising:
`a sensor for sensing movement of the window or panel and providing a
`a}
`sensor output signa! related to a position of the window or panel;
`a switch for controllably actuating the motor by providing an bnergization
`b)
`
`signal; and
`a controller having an interface coupled to the sensor and the switch for
`c)
`controHably energizing the motor; said controller determining the position of the window
`
`or pane! when power is applied to the controller by:
`
`i) monitoring the position of the window or panel by monitoring the
`sensor output. signal from the sensor related to the position of the window or panel;
`identifying the position of the window or panel based on the sensor
`
`H)
`
`output signal from the sensor; and
`
`:
`
`iii) -outputting a control signa! to said switch to deactivate said motor in
`
`response to a sensing of the predetermined position of said window or pan~L
`
`29.
`
`{Previously Presented)
`
`The apparatus of claim 28 wherein the co0trol!er
`
`9
`
`BNA/Brose Exhibit 1042
`IPR2014-00416
`Page 9
`
`

`

`comprises a programmable controller including a processing unit for executing a control
`
`program and including a memory for storing multiple window or panel position values
`
`corresponding to a signal received from the sensor.
`
`(Previously Presented) The apparatus of claim 28 additionally co1prising one
`
`30.
`or more position limits programmed for use by the controller to determine Window or
`
`panel position for use in identifying whether the window or panel is closed br open.
`
`31.
`
`{Previously Presented) The apparatus of claim 28 wherein the cor\troller
`
`rnaintains a position of a leading edge of the window or panel and further wherein the
`
`controller reverse energi.z~s the motor to move the window or panel away from a
`
`closure position prior to activating the motor to dose the window or panel. ~
`
`32.
`
`(Previously Presented) The apparatus of claim 28 wherein the controller
`
`includes an interface for monitoring user actuation of control inputs for controlling
`
`movement of the motor vehicle window or panel and wherein the controller maintain a
`
`position indication which is updated in response to movement of the window or panel
`
`and further wherein the controller reverse actuates the motor near an end point in the
`
`travel path of the window or panel to avoid false obstacle detection in a reg:ion of
`
`closure of the window or paneL
`
`33.
`
`(Previously Presented) Apparatus for controlling activation of a rn1tor for
`
`moving a motor driven element in a vehicle over a range of motion and de-~ctivating the
`
`motor when undesirable resistance to motion of the element is encountered, the
`
`apparatus comprising:
`
`a) a sensor for sensing a speed of the motor and generating an output signal
`representative of a speed of the rho tor. a speed of the motor changing wh~'=,,,'=.i,n
`undesirable resistance to motion of the element is encountered;
`
`b) a switcll for controlling activation of the motor; and
`
`BNA/Brose Exhibit 1042
`IPR2014-00416
`Page 10
`
`

`

`e) a controller coupled to the sensor and the switch. the controller receiving the
`
`sensor output signal from the sensor and outputting a control signal to the $witch to de(cid:173)
`
`activate the motor if the sensor output signal indicates that the elen'lent has
`
`encountered undesirable resistance to motion.
`
`34.
`
`(Previously Presented) The apparatus of claim 33 wherein the sensor
`
`includes a HaH effect sensor.
`
`(Previously Presented) The apparatus of claim 33 wherein the a~paratus
`
`35.
`includes a memory for storing values corresponding to the sensor output s~gnal over at
`
`least a portion of the range of motion of the element and the controller anaiyzes the
`
`sensor output signal values stored in the memory to determine if the control signal to
`
`de~activate the motor should be output to the switch.
`
`36. {Previously Presented} The apparatus of claim 1 wherein the immediate past
`measurements of said parameter were taken within a forty millisecond inte[Val prior to
`
`the most recent sensor measurement
`
`~
`
`37. (Previously Presented) The apparatus of claim 6 wherein the immediate past
`
`measurements of said signal are sensed within a forty millisecond interval prior to the
`
`most recent signal from the sensor.
`
`11
`
`BNA/Brose Exhibit 1042
`IPR2014-00416
`Page 11
`
`

`

`REMARKS
`
`Reconsideration of pending claims 1 -8 and 10-37 is requested. AppHcants
`
`H1ank Examiner Fletcher for the opportunity to discuss this application during the
`interview of May 30t~l 2007. Claim charts are discussed below and if for ariy reason tho
`
`Examiner would like to discuss the support for a ci~im element found in United States
`
`patent 5,334 1876, he is encouraged to call the undersigned attorney.
`
`Claim 1 features apparatus for controlling motion of a motor driven element in a
`
`vehicle over a range of motion and for altering that motion when undesirable resistance
`
`to motion is encountered. A sensor measures a parameter of a motor coupled to the
`
`motor driven element that varies in response to a resistance to motion during all or part
`
`of a range of motion of the motor driven element A memory is used to stdre a number
`
`of measurement values from the sensor based on immediate past measurements of the
`parameter over at least a portion of a present path of travel of the motor driven element
`through its range of motion. A controller coupled to the memory determine;s whether to
`de-activate the motor based on a most recent sensor measurement of the parameter
`
`and the immediate past measurement values stored in the memory as the rnotor driven
`
`element moves over its range of motion. A controller interface coupled to the motor
`
`alters motion of the motor driven element in response to a determination ~ade by the
`
`controller.
`
`In determining patentability, the United States Supreme Court's.dedsion in KSR
`
`int'! Co v_ Telef!ex Inc. 127 S. Ct 1727,82 USPQ.2d 1385 (2007) has recently
`reaffirmed the tests for patentability under section 103 (the only basis for rejection
`presently asserted by the Examiner) as stated in Graham v. John Deere c6. of Kansas
`City, 383 U.S. 1 (1966):
`'tUnder § 103, the scope and content of the prior art are to be determined;
`
`differences between the prior art and the claims at issue are to be ascertained; and the
`
`level of ordinary skill in the pertinent art resofved. Against this background :the
`
`obviousnes$ or nonobviousness of the subject matter is determined. Such,secondary
`
`BNA/Brose Exhibit 1042
`IPR2014-00416
`Page 12
`
`

`

`considerations as commercial success, long felt but unsolved needs, failum of others,
`
`etc., might be utilized to give light to the circumstances surrounding the origin of the
`
`subject matter soughtto- be patented.'' Deere. 383 U.S. at 17-18.
`
`The controller featured in claim 1 performs its collision detection based on real
`
`time data obtained during a present run of the window or panel. Unlike th~ invention
`featured in daim 1, the Jones et al. system disclosed in U.S. Patent No.: 4~831.509
`uses training data stored by the controller during a training run to signal a ~ollision
`
`between a door and an obstacle and therefore neither anticipates nor renders obvious
`the structure of claim 1. This lack of teaching was acknowledged by the E~aminer in
`
`the last office action wherein the Examiner states "Jones does not djsctose that the
`motor driven element is in a vehicle. J<>nes et 9/. does not disclose immed!iate past
`measurements:' See also the interview summary record of the May 30;n. 2007 patent
`office interview.
`
`The Office action dated April10, 2007 rejected daim 1 under 35 U.S.C §103(a)
`as being unpatentable over Jones eta/. U.S. Patent No.: 4,831,509 in vie4 of
`\/Vrenbeck et af. U.S. Patent No.: 5,436,539 having a filing date of August 30, ·1993.
`
`Note, as asserted and accepted in the response filed May 31, 2006, the or!ginal
`
`pendinfJ independent claims are aU supported by the specification of the parent
`
`application having a filing date of April 22, 1992 now U.S. Patent No.: 5,334,876
`
`(hereinafter the '876 Patent) from which this application claims priority. Since claim 1
`
`vvas amended subsequent to tlle May 31, 2006 amendment, a claim chart showing
`
`support in the '876 patent specification {referring to column and line numb~rs) is
`
`presented betow.
`
`~
`
`13
`
`BNA/Brose Exhibit 1042
`IPR2014-00416
`Page 13
`
`

`

`SUPPORT IN .5,334,876 PATENT
`1 A. Window or Panel Col. 2. Line
`40;
`:
`
`18. Range of Motion CoL 5, Lines
`60 - Col. 6, Line 9;
`·
`
`1C. Motor de-energ.ized C<;)l. 6,
`Lines 65-66.
`~
`10. Op-amp 110, CoL 5, Une 19
`
`1 E. Control Circuit with memory
`that compares sensed motor
`current with calibrated cudent Col.
`1, Lines 65~66 -- see also Col. 6,
`Lines 20-24
`1 F. col 6; tine 46-63
`
`1G. Control circuit determines
`'compare value' at co16, line 62
`and the motor is de-energtzed if
`presently sensed current i$ greater
`than the 'compare value', to! 6,
`!
`line 64-66.
`
`1 H. Field effect transistor 20 Col.
`i
`2, Line 53.
`
`CLAIM NO.
`1
`
`1(a)
`
`1(b}
`
`1(c)
`
`1{d)
`
`CLAIM LANGUAGE
`Apparatus for controlling motion of
`a motor driven element {1A) in a
`vehicle over a range of motion and
`for altering said motion (1 B) \.Yhen
`undesirable resistance to said
`motion is encountered {1C), said
`apparatus comprising:
`
`a) a sensor {1 D} for measuring a
`parameter of a motor coupled to the
`motor driven element that varies in
`response to a resistance to motion
`during all or part of a range> of
`motion of the motor driven element;
`a memory ('1 E) for storing a number
`of measurements values from the
`sensor based on immediate past
`measurements of said parameter
`over at least a portion of a present
`traversai ( 1 F) of said motor driven
`element through said range of
`motion
`a controller (1 G) coupled to the
`memory for determining to de(cid:173)
`activate the motor based on a most
`recent sensor measurement of the
`parameter and the immediate past
`measurement values stored in the
`memory as the motor driven
`element rnoves over its range of
`motion
`d) a controller interface ('1 H)
`coupled to the motor for altering
`motion of said motor driven element
`in response to a determination
`made by the controller.
`
`14
`
`BNA/Brose Exhibit 1042
`IPR2014-00416
`Page 14
`
`

`

`35 usc § 1 02(e) states that a person shall be entitled to a patent unless "the
`invention was described in - ( 1) an application for patent, published under section
`
`122(b), by another fHed in the United States before the invention by the applicant for
`
`patent or (2) a patent granted on an application for patent by another flied in the Un.ited
`
`States before the invention by the applicant for patent, exc-ept that an international
`
`application filed under the treaty defined in section 351 (a) shaH have the effects for the
`
`purposes of this subsection of an application filed in the United States only if the
`
`international application designated the United States and was published under Article
`
`21 (2) of such treaty in the English language ... For purposes of citation against
`
`applicants' claims, therefore, the eilective date of the Wren beck eta/. '·539:patent is its
`filing date, i.e. August 30, 1993. This date is well after the tiling date of Aprll22, 1992
`of the '876 patent and therefore Wrenbeck et at. cannot be used in combination with
`Jones et af. to reject the subject matter of claim 1. Subject to confirmation :Of support
`for the elements of claim 1 in the '876 patent specification, Examiner Fletcher agreed
`
`with this position during the May 30, 2007 interview.
`
`Close scrutiny of the Wrenbeck patent specification indicates that even if the
`
`Examiner is of the opinion Wrenbeck is citable as prior art, the combination of
`
`VVrenbeck with Jones et ai. does not suggest applicants' invention featured in claim 1.
`
`The April 10, 2007 office action cites Wrenbeck to cure the deficienCies of Jones
`
`eta/. Applicants fe~ii to find, however, any teaching or suggestion in Wrenoock in which
`
`a memory is provided for storing a number of measurement values from a sensor
`
`based on immediate past measurements. Accordingly. the rejection based on the
`
`combination of Jones eta/. and Wrenbeck is traversed on a second indep~ndent basis.
`
`The April i O, 2007 office action particularly states that VVrenbeck in1ludes "a
`
`memory (MEM} for storing a number of measurement values from the sen~or based on
`immediate past measurements of said parameter over at least a portion of~ present
`traversal of sald motor driven element through said range of motion" citing the
`
`VVrent>eck abstract and co! 3, line 51-59. See office action at page 7. However,
`
`Wrenbeck is replete with comparisons being made against a "stored va!ue<i. See e.g.,
`
`15
`
`BNA/Brose Exhibit 1042
`IPR2014-00416
`Page 15
`
`

`

`abstract col 3, lines 56-57, col 4. lines 54-55; co·l 4, lines 62-64, col 5, Hnes 20-21, col
`
`5, Hnes 25-26. and col 5, lines 49-50. The stored value in ttle memory of Wrenbeck is
`
`not from rneasurements values o.btalned from the sensor based on immedjate past
`
`measurements as featured in claim 1. VVrenbeck only modifies the stored ~alue
`COUNTS at the end of a complete window qycle. See, col4, lines 30-36. ~s such,
`Wren beck clearly fails to remedy the admitted deficiency of Jones et al. and claim 1 is
`allowable for this additional reason.
`
`Claim 2 features a method for controlling motion of a 1110tor driven element in a
`
`vehicle over a range of motion and for altering the motion when undesirabir resistance
`to the motion is encountered. The method is performed by measuring a p~rameter of a
`rnotor coupled to the motor driven element that varies in response to a resi~tance to
`motion during .all or part of a range of motion of the motor driven element b,y taking a
`multiplicity of measurements as the motor moves the motor driven eiemen~ over its
`
`range of motion. A number of measurement values are stored based on
`measurements of the motor parameter over at least a portion of its range qf motion. If
`the parameter is determined to be outside a parameter range based on pr1vious stored
`
`measurement values as the motor driven element moves over its range of tnotion, the
`
`method of claim 2 alters motion of said motor driven element.
`
`Claim 2 was rejected in the last office action as being obvious in vi~w of the
`
`combined teaching of US Jones eta/. (US 4,83'1 ,509) and Wrenbeck eta/. ~ (US
`
`5,436,539). Claim 2 is original and the Examiner has already agreed that 11aim 2 is
`
`entitled to benefit of the April 22, 1992 priority date. (Note, response to May''.·. 31, 2006
`amendment)
`
`Ctaim 2 remains in its original form as filed and as indicated in the chart below
`
`finds support dating back to April22, 1992 in the '876 Patentfrom which priority is
`
`claimed.
`
`'!6
`
`BNA/Brose Exhibit 1042
`IPR2014-00416
`Page 16
`
`

`

`CLAHv1 NO.
`
`2
`
`2(a)
`
`2(b)
`
`2(c)
`
`2(d)
`
`CLAIM LANGUAGE
`A m~thod for controlling motion
`of a motor driven element (2A) in
`a vehicle over a range of motion
`(2B) and for altering said motion
`when undesirable resistance to
`said motion is encountered (2C),
`said method comprising:
`a) measuring a parameter (20)
`of a motor (2E) coupled to the
`motor driven element that varies
`in response to a resistance to
`motion during all or part of a
`range of motion of the motor
`driven element (2F) by taking a
`multiplicity of measurements
`(2G) as the motor moves the
`motor driven element over its
`range of motion;
`b) storing a number of
`measurement values (2H) based
`on measurements of said
`parameter over at !east a portion
`of said range of motion;
`c) determining that (21) the
`parameter is outside a
`parameter range based on
`previous stored measurement
`values as the motor driven
`element moves over its range of
`motion; and
`d) altering motion of said motor
`driven elernent in response to a
`determination that the parameter
`is outside the parameter range
`(2J).
`
`SUPPORT IN 5,334,876 PATENT
`2A. Window or Panel Cot.l 2. Line 40;
`
`2B. Range of Motion CoL 5, Lines 60
`-Col. 6, Line 9;
`·
`
`2C. Motor de-energized Cot. 6, Lines
`65·66.
`.
`20. Voltage drop corresponds to
`current, CoL 5, Unes 15-16~
`
`2E. motor 12, Col. 5, Une.14;
`
`2F. current used to sensei
`obstruction CoL 6. Lines 36-40;
`
`2G. current measured every two
`milliseconds Col. 6, Un.e 24;
`
`2H. FIFO buffer, Col. 6, Une 50
`
`21. comparing sensed with compare
`value from equation CoL{$, line 64.
`
`2J. Stop motor, CoL 6, Lirie 65
`
`In the present instance, claim 2 calls for, in part a motor driven elem'rmt in a
`
`vehicle. Whether this term is interpreted as a use or a structure, weight m~st be given
`to its recitation since it is used again In the claim body, i.e. the recitation oHhe motor
`
`driven e~ement is found throughout the claim. Since Jones et al. neither shows nor
`
`17
`
`BNA/Brose Exhibit 1042
`IPR2014-00416
`Page 17
`
`

`

`suggests a motor driven element in a vehicle, this claim is not properly rejected either
`
`as being anticipated or rendered obvious by Jones eta/~ Stated another way a prima
`
`facie basis of rejection is not found in Jones et a/.
`
`Claim 2 also recites measuring a parameter of a motor coupled to the motor
`
`driven element. Turning to Jones et al., at column 3, line 7, Jones eta/. states that l'the
`
`door curtain position relative to the door opening is obtained from an encoder coupled
`
`to the door drum. (emphasis added}. Pu[ses are provided to the encoder from
`
`optoelectronic sensors appropriately placed or positioned in relation to a set of spinning
`
`blades coupled to the drive means for the roller door."
`
`In Jones et al. the speed and position of the door increase when lowered due to
`
`the added affect of gravity and the speed and position decrease as the door is raised.
`
`Jones et at. teaches a door position encoder "for providing signafs indicative of the
`position of the door curtain relative to the door opening". Column 1, line 53: of Jones et
`a/ .• but there is no teachinfJ or suggestion of measur[ng a parameter of a motor coupled
`to a motor driven element. By noting that the motor load "is dependent on the position
`of the door" .as a criticism of using motor load monitoring devfces, Jones et al. explicitly
`teaches away from measuring a parameter of the motor and using that pa~meter to
`
`determine if the parameter is outside a range as featured in claim 2.
`For the foregoing reasons, claim 2 is not anticipated nor rendered obvio