throbber
IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`Zhongshan Broad Ocean Motor Co.,
`Ltd.; Broad Ocean Motor LLC; and
`Broad Ocean Technologies, LLC
`
`
`
` Petitioners
`
`Case IPR2014-01121
`
` v.
`
`Patent 7,626,349
`
`Nidec Motor Corporation
`
`
`
` Patent Owner
`
`
`
`DECLARATION BY GARY BLANK, PH.D
`
`I am Dr. Gary Blank and my residential address is 8N173 Ickenham
`
`1.
`
`Lane, Plato Center, IL 60124.
`
`2.
`
`I have been retained as an independent expert consultant in this
`
`proceeding before the United States Patent and Trademark Office (“USPTO”),
`
`which I understand involves U.S. Patent No. 7,626,349, (Exhibit 1001 or the “ ’349
`
`patent”). The ‘349 Patent is assigned to Nidec Motor Corporation (“Nidec”).
`
`Although I am being compensated at my regular consulting rate for the time I spend
`
`on this matter, no part of my compensation is dependent on the outcome of this
`
`proceeding, and I have no other interest in the outcome of this case or the ‘349 patent.
`
`3.
`
`I understand that the Petitioners seek invalidation claims 1-3, 8-9, 12,
`
`16, and 19 of the ’349 patent. I have been retained by Nidec to offer technical
`
`
`
`1
`
`Nidec Motor Corporation
`IPR2014-01121
`
`Exhibit 2038 - 1
`
`

`
`opinions relating to the ’349 patent and certain prior-art references relating to its
`
`subject matter. My qualifications and opinions are set for the below.
`
`QUALIFICATIONS
`
`4.
`
`I have a Ph.D. in Electrical Engineering from the University of
`
`Wisconsin-Madison. The subject of my doctoral thesis and my area of focus was
`
`Control Systems including motor control.
`
`5.
`
`After graduation I worked in industry for Honeywell, Teledyne, and
`
`Unisys (Burroughs) in the areas of analysis, design, and the practical aspects of
`
`motor control.
`
`6.
`
`In 1986, I became a professor of Electrical Engineering and taught and
`
`conducted research at Illinois Institute of Technology, Northern Illinois University,
`
`Marquette University, and U.C.L.A. I supervised the research of both M.S. and
`
`Ph.D. students and taught undergraduate and graduate courses in Controls and
`
`Motors. I brought grants from industrial companies into the universities. I published
`
`several papers and presented papers at conferences on Controls and Motors. I was
`
`a full professor for 12 years.
`
`7.
`
`I am now a consultant in industry and I have worked for more than 40
`
`different industrial clients in the area of controls for motors. I am also a part-time
`
`professor of Electrical Engineering at Illinois Institute of Technology, Rock Valley
`
`College, and Waubonsee College.
`
`
`
`2
`
`Nidec Motor Corporation
`IPR2014-01121
`
`Exhibit 2038 - 2
`
`

`
`8.
`
`In 2014, I was elected by the membership and served as the President
`
`of IEEE-USA (Institute of Electrical and Electronics Engineers, Inc., membership
`
`400,000). Appended to the end of my declaration is my current CV, which provides
`
`a more complete description of my educational background and experience.
`
`OPINIONS
`
`9.
`
`I have reviewed the ‘349 patent, its file history, the asserted prior art,
`
`the Petition, Patent Owner’s Preliminary Response, and the Institution Decision. I
`
`have also reviewed the declaration testimony of Dr. Ehsani. Dr. Ehsani provides a
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`basic description of the operation of an electrically commutated motor and control
`
`of such a motor utilizing current control in the rotating frame of reference. I see
`
`nothing technically inaccurate in that background description and see no need to
`
`repeat it here.
`
`10.
`
`I have reviewed Dr. Ehsani’s description of one of ordinary skill in the
`
`art and generally agree with that description.
`
`CLAIM 1
`
`11.
`
`I understand that the Board has interpreted, and I have been asked to
`
`assume, that the claim 1 recitation of “using independent values of Q and d axis
`
`currents” requires “the use of Q and d axis current values that are developed
`
`independently of each other, without relying on one to derive the other.” Each of
`
`the challenged claims requires this limitation.
`
`
`
`3
`
`Nidec Motor Corporation
`IPR2014-01121
`
`Exhibit 2038 - 3
`
`

`
`
`
`Claim 1 in its entirety states:
`
`A heating, ventilating and/or air conditioning (HVAC) system
`
`comprising a system controller, a motor controller, an air-moving
`
`component, and a permanent magnet motor having a stationary
`
`assembly, a rotatable assembly in magnetic coupling relation to the
`
`stationary assembly, and a shaft coupled to the air-moving
`
`component, wherein
`
`the motor controller
`
`is configured for
`
`performing sinewave commutation, using independent values of Q
`
`and d axis currents, in response to one or more control signals
`
`received from the system controller to produce continuous phase
`
`currents in the permanent magnet motor for driving the air-moving
`
`component.
`
`(Ex. 1001, cl. 1).
`
`12. The claim requires that the motor controller “is configured for
`
`performing sinewave commutation, using independent values of Q and d axis
`
`currents, in response to one or more control signals received from the system
`
`controller to produce continuous phase currents in the permanent magnet motor for
`
`driving the air-moving component.” Given the Board’s construction, and read in
`
`context of the entire limitation, in response to signals received from the system
`
`controller the motor controller must develop quadrature and direct axis currents, Q
`
`
`
`4
`
`Nidec Motor Corporation
`IPR2014-01121
`
`Exhibit 2038 - 4
`
`

`
`and d, without relying on one to derive the other, and use those independently
`
`derived currents to create the signals that will drive the motor using sine wave
`
`commutation. The motor controller is tasked to drive the motor in response to
`
`system demands using vector control to develop sine wave commutated currents that
`
`drive the motor. Thus, taken in context, the independent Q and d axis currents must
`
`necessarily be the Q and d axis currents the motor controller calculates are required
`
`by the system controller demands and that are used to set or produce the continuous
`
`phase sine wave commutated currents for the motor. The structure identified by
`
`Broad Ocean as meeting this limitation is merely the part of a feedback loop that, at
`
`best, represents the instantaneous measured current values of Iq and Id, it is not the
`
`demanded value of Iq and Id developed by the motor controller in response to system
`
`control signals. Moreover, there is no basis to determine that Iq and Id were
`
`developed by the motor controller independently at that point in the system. Indeed,
`
`Hideji discloses they were not.
`
`13.
`
`I do not agree that Broad Ocean has identified independent Q and d axis
`
`currents in the Hideji reference. Broad Ocean points to the currents coming from
`
`the “three-phase/two-phase coordinate conversion part” 36 of Hideji as the alleged
`
`independent Q and d axis currents of the claim:
`
`
`
`5
`
`Nidec Motor Corporation
`IPR2014-01121
`
`Exhibit 2038 - 5
`
`

`
`
`
`
`
`(Second Petition, p. 24)
`
`14. But the currents identified by Broad Ocean do not meet the claim
`
`limitation. The currents coming from part 36 are a conversion of the currents coming
`
`from an analog to digital conversion of the phase currents labeled Iu and Iv that are
`
`being fed to the motor. This is part of a feedback path identified in Hideji that is
`
`used by the Hideji controller to determine the instantaneous value of the current
`
`being fed to the motor M in the rotating frame of reference. Hideji uses this feedback
`
`
`
`6
`
`Nidec Motor Corporation
`IPR2014-01121
`
`Exhibit 2038 - 6
`
`

`
`path to help determine how to set the Iq and Id current demand to obtain the desired
`
`Iq and Id current that will meet the demands being placed on the motor.
`
`15.
`
` In other words, the values coming from part 36 are at best a transform
`
`into the rotating frame of reference of actual measured currents. They are not the
`
`demanded currents generated by the controller. Even if the system used independent
`
`Q and d axis currents in its control scheme, that would not be determinable by
`
`measuring them at this point in the system architecture. Those of ordinary skill
`
`looking at the output of part 36 would not know how Q and d axis currents are
`
`generated by the system, they would only know the instantaneous values of the
`
`currents in the rotating frame based upon the measured values of the currents being
`
`fed to the motor M. The identified currents are not the independent Q and d axis
`
`currents of the claim language.
`
`16.
`
`In my opinion, one of ordinary skill would not understand or agree that
`
`the values coming from part 36 are not in fact Q and d axis currents. They are an
`
`interim value, sometimes referred to as alpha and beta. This is because the transform
`
`into the rotating frame of reference cannot be completed without knowing the rotor
`
`position. This is not calculated according to Hideji’s disclosure until the values
`
`labeled Iq and Id reach “rotor speed and position calculating part” 37. Thus the
`
`alleged independent values of Iq and Id that Broad Ocean points to are not values
`
`one of ordinary skill would refer to as Iq and Id.
`
`
`
`7
`
`Nidec Motor Corporation
`IPR2014-01121
`
`Exhibit 2038 - 7
`
`

`
`17. Despite the above, if I were to assume that Hideji is actually able to
`
`transform Iq and Id in part 36, there is no disclosure in the reference of how it is
`
`done. Hideji simply says the transformation occurs, with no discussion of how. (Ex.
`
`1005, Par. [0035]). Thus, Hideji does not disclose the claim term “using independent
`
`values of Q and d axis currents” based upon this unexplained transformation.
`
`Nothing in this aspect of the document discloses to one of ordinary skill in the art
`
`how the values are derived or in fact that they are independent as interpreted by the
`
`Board. Simply because the currents can be separately represented does not mean
`
`they are independent of each other. Broad Ocean has failed to identify sine wave
`
`commutation “using independent values of Q and d axis.”
`
`18. Hideji discloses that its controller does not use independent Q and d
`
`axis demand currents in response to control signals from the system controller. The
`
`Hideji system develops “torque current Iq target values” and “flux current Id target
`
`values” in the “speed control part” 38 and the “phase control part” 39, respectively.
`
`The target values are added or subtracted from the detected Iq and Id currents before
`
`they are fed to part 40. Hideji states that “speed control part 38 performs
`
`proportional integral control (PI control) based on the deviation between the speed
`
`of the rotor calculated by the rotor speed and position calculating part 37 and the
`
`target speed of the rotor every 1 ms, for example, to generate a torque current Iq
`
`target value.” (Ex. 1005, Par. [0038]). One of ordinary skill would understand that
`
`
`
`8
`
`Nidec Motor Corporation
`IPR2014-01121
`
`Exhibit 2038 - 8
`
`

`
`to the extent that Hideji discloses responding to a system control signal, the only
`
`discussion is of “target speed” signal that is input to a summer and then the
`
`difference between target and measured speed is input to the speed control part 38.
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`The output from this part is the target Iq current.
`
`19. The flux current Id target value is generated in part 39. Then “current
`
`control part 40 executed PI control based on the deviation between the torque current
`
`Iq target value generated by the speed control part 38 and the actual current Iq to
`
`calculate a torque voltage Vq (Vq-axis voltage), and executes PI control based on
`
`the deviation between the flux current Id target value generated by the phase control
`
`part 39 and the actual flux current Id target value to calculate a flux voltage Vd (Vd-
`
`axis voltage).” (Ex. 1005, Par. [0040]). The voltage outputs Vd and Vq of current
`
`control part 40 are used to create the continuous phase sine wave commutated
`
`currents for the motor after being transformed back out of the rotating frame of
`
`reference in part 41. In other words, for Hideji to meet the claim language
`
`independently derived Iq and Id values must be fed into the current control part 40.
`
`If Iq and Id are not independent at this step, “the motor controller” is not using
`
`“independent values of Q and d axis current” to perform “sine wave commutation.”
`
`20. But Hideji discloses that the Q and d axis currents input to current
`
`control part 40 are not developed independently. Specifically, Hideji describes its
`
`control scheme with respect to Q axis and d axis current in the rotating frame at
`
`
`
`9
`
`Nidec Motor Corporation
`IPR2014-01121
`
`Exhibit 2038 - 9
`
`

`
`paragraph [0038] and [0039]. (Ex. 1005, [0038-0039]). In this description, Hideji
`
`makes clear that the Q axis current and d axis current are dependent upon one
`
`another. Hideji states that “by introducing the torque current Iq in direct proportion
`
`to the increase of the load acting on the brushless DC motor 30A, the flux current Id
`
`target value is reduced on the basis of the following formula . . . The flux current Id
`
`target value is equal to K x Iq 2.” (Id.) Therefore the target value Id is expressed in
`
`terms of, or derived from, the value of Iq., This target Id current is fed to and
`
`compared with the sensed Id in the summer whose output is fed to “current control
`
`part 40” and the value of d axis current is set by the target d axis current and is
`
`therefore directly dependent on the value of Q axis current. Furthermore, the above
`
`description is the only disclosure of how the motor controller responds to a system
`
`control signal to develop Iq and Id.
`
`21. Because Hideji discloses that the Id and Iq currents are not developed
`
`independently of each other when the motor controller uses sine wave commutation
`
`in response to system control signals, Hideji does not have all of the elements of
`
`claim 1.
`
`22. Hideji discloses a motor start-up routine, described in its paragraphs
`
`[0052 – 0074] and Figure 5. The start-up routine is used to ensure that the rotor is
`
`correctly positioned and that the rotor is turning in the right direction before control
`
`is ceded to the normal feedback based control routine described above. During this
`
`
`
`10
`
`Nidec Motor Corporation
`IPR2014-01121
`
`Exhibit 2038 - 10
`
`

`
`start-up routine Id is set equal to zero, and the Iq current is “monotonically” ramped
`
`up while the controller ensures proper motor direction. (Ex. 1005, [0062-63]). The
`
`monotonic speed ramp up is based upon a target current Iq “based on the stipulated
`
`expression of first degree and according to the mode of monotonically increasing the
`
`voltage.” (Id.) There is no further explanation in Hideji of what the stipulated
`
`expression of first degree is, but given the entire context of this passage one of
`
`ordinary skill would understand that the “stipulated” start-up routine is pre-set and
`
`not based upon responding to a target speed signal. If the rotor is not positively
`
`revolving the rotor is stopped and the start-up routine is restarted. (Ex. 1005,
`
`[0065]). This special case start-up routine is not a disclosure of the motor controller
`
`using independent Q and d axis currents to drive sine wave commutation in response
`
`to system control signals. The system control signal (e.g. “target speed” in Hideji)
`
`is not pertinent to operation until the start-up routine ends and control is ceded to the
`
`normal control operation. (Ex. 1005, [0066-67], and Fig. 5). Hideji states that the
`
`motor starts when “a motor running command is formed.” (Ex. 1005, [0045]). There
`
`is no disclosure of where this motor running command comes from, or what indeed
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`it is. There certainly is no disclosure that it comes from a system controller and
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`indeed it need not as it could equally come from the motor controller or indeed
`
`simply reflect that power to the motor has been detected. Accordingly, this is not a
`
`disclosure in Hideji of the claimed invention.
`
`
`
`11
`
`Nidec Motor Corporation
`IPR2014-01121
`
`Exhibit 2038 - 11
`
`

`
`23. For the exact same reasons, Hideji does not have this same limitation
`
`that is found in claims 16 and 19. Each of those claims requires using independent
`
`values of Q and d axis currents in response to control signals.
`
`24.
`
`I understand that Nidec is making a motion to conditionally amend the
`
`independent claims. Below is a claim listing with added language underlined:
`
`
`21. (PROPOSED AMENDED CLAIM 1) A heating, ventilating and/or air conditioning
`
`CLAIM LISTING
`
`(HVAC) system comprising a system controller, a motor controller, an air-moving
`
`component, and a permanent magnet motor having a stationary assembly, a
`
`rotatable assembly in magnetic coupling relation to the stationary assembly, and a
`
`shaft coupled to the air-moving component, wherein the motor controller is
`
`configured for performing sinewave commutation, using vector control having
`
`independent values of Q and d axis currents, in response to one or more control
`
`signals received from the system controller to produce continuous phase currents in
`
`the permanent magnet motor for driving the air-moving component, wherein the
`
`control signals received from the system controller are at least one member
`
`selected from the group consisting of demanded torque, demanded speed, and
`
`demanded airflow and wherein vector control of the motor controller enables
`
`substantially no motor controller interaction with an airflow control loop of the
`
`system.
`
`
`
`12
`
`Nidec Motor Corporation
`IPR2014-01121
`
`Exhibit 2038 - 12
`
`

`
`
`
`22. (PROPOSED AMENDED CLAIM 16) A blower assembly for a heating, ventilating
`
`and/or air conditioning (HVAC) system, the blower assembly comprising a motor
`
`controller, a blower, and a permanent magnet motor having a stationary assembly,
`
`a rotatable assembly in magnetic coupling relation to the stationary assembly, and
`
`a shaft coupled to the blower, wherein the motor controller is configured for
`
`performing sinewave commutation, using vector control having independent values
`
`of Q and d axis currents, in response to one or more control signals received from a
`
`system controller to produce continuous phase currents in the permanent magnet
`
`motor for driving the blower, wherein the control signals received from the system
`
`controller are at least one member selected from the group consisting of demanded
`
`torque, demanded speed, and demanded airflow and wherein vector control of the
`
`motor controller enables substantially no motor controller interaction with an
`
`airflow control loop of the system.
`
`
`
`23. (PROPOSED AMENDED CLAIM 19) A method for driving an air-moving
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`component of a heating, ventilating and/or air conditioning (HVAC) system in
`
`response to a control signal, the HVAC system including a permanent magnet
`
`motor having a stationary assembly and a rotatable assembly in magnetic coupling
`
`relation to the stationary assembly, said rotatable assembly coupled in driving
`
`
`
`13
`
`Nidec Motor Corporation
`IPR2014-01121
`
`Exhibit 2038 - 13
`
`

`
`relation to the air-moving component, the method comprising receiving at least one
`
`control signal from a system controller, and performing sinewave commutation,
`
`using vector control having independent values of Q and d axis currents, in
`
`response to the at least one control signal received from the system controller to
`
`produce continuous currents in the permanent magnet motor for driving said air-
`
`moving component, wherein the control signals received from the system
`
`controller are at least one member selected from the group consisting of demanded
`
`torque, demanded speed, and demanded airflow and wherein vector control of the
`
`motor controller enables substantially no motor controller interaction with an
`
`airflow control loop of the system.
`
`25.
`
`In each proposed amendment, the proposed additional claim language
`
`is the same. In my opinion the language that is added is fully supported by the
`
`specification of the ‘349 patent. The first added language is set forth and underlined
`
`below: “vector control having independent values of Q and d axis currents . . .”
`
`26. The added language, “vector control” is supported in the specification.
`
`For example, at Col. 4, ll. 3 – 7, the specification states “For the particular
`
`embodiment shown in FIG.4, the motor controller 404 is configured for performing
`
`sinewave commutation using vector control to ensure the continuous phase currents
`
`produced in the permanent magnet motor are substantially sinusoidal.” Furthermore,
`
`the disclosure of utilizing Q and d axis currents is a form of vector control.
`
`
`
`14
`
`Nidec Motor Corporation
`IPR2014-01121
`
`Exhibit 2038 - 14
`
`

`
`27. The added language requiring that “wherein the control signals
`
`received from the system controller are at least one member selected from the group
`
`consisting of demanded torque, demanded speed, and demanded airflow” is
`
`supported at Col. 3, l. 64 – Col. 4, l. 2. In this passage the specification specifically
`
`identifies a desired torque, speed, or airflow as example control signals, and one of
`
`skill would understand that desired values are synonymous with demanded values
`
`as set forth in the claim.
`
`28. Finally, the added language requiring that “vector control of the motor
`
`controller enables substantially no motor controller interaction with an airflow
`
`control loop of the system” is supported at Col. 4, ll. 12 – 23. The specification
`
`states that “due to the dynamic response of the vector control architecture, there is
`
`substantially no interaction with the constant airflow control loop.”
`
`29. The words “vector control,” “demanded torque,” demanded speed,”
`
`and “demanded airflow” have well understood meanings in the art and require no
`
`interpretation. In particular, “vector control” means that the motor controller is
`
`developing control signals by performing calculations in the d-q frame of reference.
`
`Demanded torque, demanded speed and demanded airflow are signals that represent
`
`values that the system requires at any given time for one of those metrics. The phrase
`
`“vector control of the motor controller enables substantially no motor controller
`
`interaction with an airflow control loop of the system” should also be given its
`
`
`
`15
`
`Nidec Motor Corporation
`IPR2014-01121
`
`Exhibit 2038 - 15
`
`

`
`ordinary meaning. The disclosure of the system demonstrates that the system
`
`controller will provide a demand, such as torque, speed, or airflow. Then the vector
`
`control is disclosed to be dynamic, meaning quickly responding to the demand, such
`
`that the motor controller need not interact with an airflow control loop of the system
`
`after the initial demand is received. Thus, in my opinion this language means that
`
`there is initial interaction between the motor controller and an airflow control loop
`
`because the demand must be set. But there would be little or no further interaction
`
`until a new demand was set.
`
`Distinctions between the proposed amended claims and the prior art of record
`
`30.
`
`I have reviewed U.S. Patent No. 5,410,230 to Bessler. The Bessler
`
`patent does not disclose sine wave commutation. Bessler makes no mention of sine
`
`wave commutation, Q and d axis vector control, or the problems solved by the
`
`invention of the ’349 patent. Indeed, Bessler fails to recognize the noise and
`
`vibration problem introduced by square wave or 6-step commutation and addressed
`
`by the ’349 patent. Moreover, Bessler does not disclose “substantially no interaction
`
`between the motor controller and an airflow control loop.” In the Bessler disclosure
`
`the prior art is described to have a system controller but the discussion of the prior
`
`art does not address having substantially no interaction between the motor controller
`
`and an airflow control loop of the system. The point of Bessler’s invention, as
`
`discussed further below, is to eliminate the system controller, and there is no
`
`
`
`16
`
`Nidec Motor Corporation
`IPR2014-01121
`
`Exhibit 2038 - 16
`
`

`
`discussion in Bessler that addresses utilizing “vector control” or reducing interaction
`
`between the motor controller based upon vector control and an airflow control loop
`
`of the system.
`
`31.
`
`I have reviewed the Kocybik doctoral thesis (Ex. 1007). Kocybik
`
`discusses motor control schemes including that sine wave commutation may be used
`
`with a BPM motor, but Kocybik does not discuss HVAC systems or the motors used
`
`in them. Kocybik does not advocate the use of sine wave commutation as a solution
`
`for all motor control problems. In fact, when discussing the uses of a BPM motor,
`
`Kocybik references higher end applications at the time of its publication, including
`
`hybrid car engines, the aerospace industry, and high accuracy machine tooling
`
`applications. (Ex. 1007, pp. 19-20). Kocybik states “[i]t is possible to achieve a
`
`good approximation to the ideal sinewave currents by utilizing high bandwidth
`
`current control. The brushless ac motor is therefore more suitable for high precision
`
`control tasks than the brushless dc motor.” (Id., at 17). When Kocybik refers to
`
`“brushless ac motors” he means BPM motors that are electronically controlled using
`
`sine wave commutation. (Id., at 11). When he refers to “brushless dc motors” he
`
`means those using square wave control. (Id.) Thus, as between a square wave
`
`commutated motor and a sine wave commutated motor, sine wave is “more suitable
`
`for high precision control tasks . . . .” (Id., at 17). In my opinion, given the above
`
`cited disclosure nothing in Kocybik teaches to use sine wave commutation with an
`
`
`
`17
`
`Nidec Motor Corporation
`IPR2014-01121
`
`Exhibit 2038 - 17
`
`

`
`HVAC system. Furthermore, Kocybik does not teach the use of “demanded
`
`airflow,” as a control signal, or indeed that a system can have an “airflow control
`
`loop.” As a consequence, Kocybik does not disclose that “vector control of the
`
`motor controller enables substantially no motor controller interaction with an airflow
`
`control loop of the system.” For all of these reasons, the proposed amended claims
`
`distinguish over Kocybik.
`
`32. As discussed extensively above, Hideji (Ex. 1005) is also missing
`
`multiple limitations of the original claims and the claims as proposed to be amended.
`
`In particular, Hideji does not disclose independent Q and d axis control during
`
`normal operation. (See ¶¶ 12-24, above). Thus, Hideji does not disclose
`
`“performing sinewave commutation, using vector control having independent values
`
`of Q and d axis currents, in response to the at least one control signal.” As proposed
`
`to be amended, this distinction is more explicit because the control signals must be
`
`selected from at least one of “demanded torque,” “demanded speed,” and “demanded
`
`airflow.” While Hideji discloses that target speed is utilized in his system, Hideji
`
`expressly discloses that the Q and d axis currents are not independently developed
`
`in response to target speed. (See ¶¶ 12-21, above). Hideji discloses that during a
`
`startup phase Id is set to zero, but the motor controller is not responsive to target
`
`speed during that phase of operation. (See ¶ 22, above). Finally, Hideji does not
`
`discuss a system controller or indeed how “target speed” is actually developed.
`
`
`
`18
`
`Nidec Motor Corporation
`IPR2014-01121
`
`Exhibit 2038 - 18
`
`

`
`Hideji does not disclose the existence of an airflow based control loop in the system.
`
`And Hideji does not discuss the interaction between a system airflow control loop
`
`and the motor controller. Consequently, Hideji does not disclose “vector control of
`
`the motor controller enables substantially no motor controller interaction with an
`
`airflow control loop of the system.” For all of these reasons the proposed
`
`amendments distinguish over Hideji.
`
`33. For the reasons discussed below, when accounting for the basic
`
`knowledge and skill set possessed by a person of ordinary skill in the art, I do not
`
`believe that one of ordinary skill at the time of the application for the ’349 patent
`
`would have combined the references to arrive at the proposed amended claims.
`
`BESSLER TEACHES AWAY FROM
`THE CLAIMED COMBINATIONS.
`
`
`
`34.
`
`In my opinion, Bessler expressly teaches away from the claimed
`
`combination of the proposed amended claims. Each of the ’349 patent independent
`
`claims requires both a “system controller,” “control signals received from the system
`
`controller” selected from the group consisting of “demanded torque,” “demanded
`
`speed,” or “demanded airflow,” and an “airflow control loop.” (see claim listing
`
`above).
`
`35. A system controller in an HVAC system is a controller that develops
`
`control signals that interpret the demands from, for example, a thermostat, into
`
`system demand signals that the motor controller can interpret, such as desired torque,
`
`
`
`19
`
`Nidec Motor Corporation
`IPR2014-01121
`
`Exhibit 2038 - 19
`
`

`
`speed, or airflow, to drive the motor to meet the system demands. The specification
`
`of the ’349 patent describes the function of the system controller consistent with this
`
`meaning:
`
`The motor controller 404 is configured for performing sinewave
`
`commutation in response to one or more (analog or digital) control
`
`signals received from the system controller 402 to produce
`
`continuous phase currents in the permanent magnet motor 406 for
`
`driving the air-moving component 410. As shown in FIG. 4, the
`
`motor controller 404 is coupled to the system controller 402 for
`
`receiving control signals directly from the system controller 402.
`
`Such control signals may represent, for example, a desired torque or
`
`speed of the motor 406. Alternatively, the control signals may
`
`represent a desired airflow to be produced by the air-moving
`
`component 410.
`
`(Ex. 1001, Col. 3:59 - 4:2).
`
`36. While the ’349 specification states that the system controller may be “a
`
`thermostat, an additional control module in communication with a thermostat, or a
`
`standalone controller for the HVAC system 400,” this does not eliminate the
`
`requirement that the system controller be developing the types of signals set forth
`
`above. (Col. 4, ll. 35 – 38). That is, system control signals are those that are
`
`
`
`20
`
`Nidec Motor Corporation
`IPR2014-01121
`
`Exhibit 2038 - 20
`
`

`
`expressed as demands setting a particular torque, speed, or airflow requirement.
`
`This is how one of ordinary skill would understand that term, and is the only thing
`
`that is disclosed as a system control signal in the ’349 specification. Simple
`
`thermostat signals identifying a difference between a set temperature and ambient
`
`temperature are not system control signals as understood by one of ordinary skill in
`
`the art. Therefore, a simple thermostat or the like would not be considered to be a
`
`system controller by one of ordinary skill. Thus, a smart thermostat can be designed
`
`to develop these types of system control signals, but would not be considered a
`
`system controller if it did not. Moreover, the proposed amendment adds the further
`
`requirement that the system control signal be one of demanded torque, demanded
`
`speed, or demanded airflow. One of ordinary skill would know that a simple
`
`thermostat does not produce such signals.
`
`37. Moreover, one of the principal objects of Bessler is to eliminate the
`
`need for a system controller in an HVAC system:
`
`Variable capacity central heating, ventilating and air conditioning
`
`(HVAC) systems are typically controlled by electronic thermostats
`
`containing microprocessors which continuously monitor indoor air
`
`temperature by a thermistor or other means. The thermostat
`
`temperature set point is compared to the sensed or monitored
`
`temperature value and the microprocessor in the thermostat
`
`
`
`21
`
`Nidec Motor Corporation
`IPR2014-01121
`
`Exhibit 2038 - 21
`
`

`
`evaluates this differential to generate a control signal. It should be
`
`apparent that it would be desirable to provide a system which
`
`eliminates the need for a microprocessor within a thermostat or as
`
`part of a system controller.
`
`* * *
`
`It is an object of this invention to provide a central heating, air
`
`conditioning and ventilating system which does not require a system
`
`controller.
`
`(Ex. 1006, Col. 1:22-34; Col. 2:3-5) (emphasis added).
`
`38. Bessler describes a prior art system shown in its Figure 1, which
`
`includes a thermo

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