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
`
`v.
`
`NIDEC MOTOR CORPORATION
`
`Patent Owner
`
`U.S. Patent No. 7,626,349
`Issue Date: December 1, 2009
`Title: LOW NOISE HEATING, VENTILATING AND/OR
`AIR CONDITIONING (HVAC) SYSTEMS
`
`SECOND PETITION FOR INTER PARTES REVIEW
`OF U.S. PATENT NO. 7,626,349
`
`Case No. IPR2015-00762
`
`NY 784650v.1
`
`

`

`TABLE OF CONTENTS
`
`INTRODUCTION ...........................................................................................1
`I.
`II. Mandatory Notices (37 C.F.R. §42.8) .............................................................2
`A.
`Real Party In Interest (37 C.F.R. §42.8(b)(1))............................2
`B.
`Related Matters (37 C.F.R. §42.8(b)(2)) ....................................2
`C.
`Lead and Back-Up Counsel (37 C.F.R.
`§42.8(b)(3)).................................................................................3
`Service Information (37 C.F.R. §42.8(b)(4))..............................4
`D.
`III. GROUNDS FOR STANDING........................................................................4
`IV.
`STATEMENT OF PRECISE RELIEF REQUESTED FOR
`EACH CLAIM CHALLENGED.....................................................................5
`A.
`Claims For Which Review Is Requested (37 C.F.R.
`§42.104(b)(1)).............................................................................5
`Statutory Grounds Of Challenge (37 C.F.R.
`§42.104(b)(2)).............................................................................5
`REASONS FOR THE RELIEF REQUESTED UNDER
`37 C.F.R. §§42.22(a)(2) AND 42.104(b)(4)...................................................5
`A.
`Background .................................................................................5
`1.
`Declaration Evidence........................................................5
`2.
`Prior Art Technology........................................................7
`3.
`Prosecution History ..........................................................8
`4.
`The ‘349 Patent.................................................................9
`Claim Construction (37 C.F.R. §42.104(b)(3)) ........................10
`The Challenged Claims Are Invalid Under
`35 U.S.C. §102(b) .....................................................................11
`1.
`Ground 1 -- Hideji ..........................................................11
`a.
`Claim 1 .................................................................11
`“A heating, ventilating and/or
`(1)
`air conditioning (HVAC)
`system comprising”....................................11
`“a system controller” ................................12
`
`(2)
`
`NY 784650v.1
`
`i
`
`V.
`
`B.
`
`B.
`C.
`
`

`

`(3)
`(4)
`
`(5)
`
`“a motor controller”..................................14
`“an air-moving component,
`and” ...........................................................15
`“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,”...............................................17
`“wherein the motor controller
`is configured for performing
`sine wave 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.”...............................................19
`Claim 2 .................................................................27
`“The HVAC system of claim 1
`(1)
`wherein the stationary
`assembly includes a plurality of
`phase windings and the motor
`controller is configured for
`energizing all of the phase
`windings at the same time”........................27
`Claim 3 .................................................................28
`“The HVAC system of claim 2
`(1)
`wherein the continuous phase
`currents are substantially
`sinusoidal.”................................................28
`Claim 8 .................................................................29
`
`(6)
`
`b.
`
`c.
`
`d.
`
`NY 784650v.1
`
`ii
`
`

`

`e.
`
`f.
`(1)
`
`g.
`(1)
`
`(2)
`(3)
`(4)
`
`h.
`
`(1)
`
`“The HVAC system of claim 3
`wherein the permanent magnet
`motor is a brushless permanent
`magnet (BPM) motor.” ..............................29
`Claim 9 .................................................................30
`“The HVAC system of claim 8
`(1)
`wherein the BPM motor is a
`back-emf BPM motor.”..............................30
`Claim 12 ...............................................................31
`“The HVAC system of claim 3
`wherein the at least one control signal
`from the system controller represents
`a desired torque or speed of the
`permanent magnet motor..” .................................31
`Claim 16 ...............................................................32
`“A blower assembly for a heating,
`ventilating and/or air conditioning
`(HVAC) system, the blower assembly
`comprising”..........................................................32
`“a motor controller”............................................34
`“a blower” ...........................................................35
`“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,”.....................36
`Claim 19 ...............................................................41
`(1)
`“A method for driving an
`air-moving 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
`
`NY 784650v.1
`
`iii
`
`

`

`(2)
`
`magnetic coupling relation to
`the stationary assembly, said
`rotatable assembly coupled in
`driving relation to the
`air-moving component, the
`method comprising”...................................41
`“receiving at least one control
`signal from a system controller,
`and” ...........................................................43
`“performing sine wave
`commutation, using
`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.”...............................................44
`VI. CONCLUSION..............................................................................................48
`
`(3)
`
`NY 784650v.1
`
`iv
`
`

`

`TABLE OF AUTHORITIES
`
`Statutes
`35 U.S.C. §102(b) ..................................................................................... 3, 5, 11, 48
`35 U.S.C.§103............................................................................................................3
`35 U.S.C. §315(c) ......................................................................................................4
`
`Regulations
`37 C.F.R. §42.22(a)(2)...............................................................................................5
`37 C.F.R. §42.104(b)(1).............................................................................................5
`37 C.F.R. §42.104(b)(2).............................................................................................5
`37 C.F.R. §42.104(b)(3)...........................................................................................10
`37 C.F.R. §42.122 ......................................................................................................4
`
`NY 784650v.1
`
`v
`
`

`

`LISTING OF EXHIBITS
`
`Exhibit No. Description
`
`1001
`
`1002
`
`1003
`
`1004
`
`1005
`
`1006
`
`1007
`
`1008
`
`1009
`
`1010
`
`U.S. Patent No. 7,626,349 to Marcinkiewicz et al. (“Marcinkiewicz
`‘349”)
`
`Excerpts from the Prosecution History of Application 11/701,350,
`which issued as the ‘349 Patent
`
`Japanese Patent Publication JP 2003-348885 (“Hideji”)
`
`English Abstract of Hideji
`
`Certified English translation of Hideji
`
`U.S. Patent 5,410,230 to Bessler, et al. (“Bessler”)
`
`“Electronic Control of Torque Ripple in Brushless Motors” by Peter
`Franz Kocybik (“Kocybik”)
`
`Excerpts from Paul C. Krause et al, Analysis of Electric Machinery and
`Drive Systems (2nd ed. 2002) (“Krause”)
`
`Expert Declaration of Dr. Mark Ehsani
`
`U.S. Patent No. 7,342,379 to Marcinkiewicz et al. (“Marcinkiewicz
`‘379”)
`
`NY 784650v.1
`
`vi
`
`

`

`I.
`
`INTRODUCTION
`
`Pursuant to 35 U.S.C. § 312 and 37 C.F.R. § 42.100 et seq., Zhongshan
`
`Broad Ocean Motor Co., Ltd., Broad Ocean Motor LLC, and Broad Ocean
`
`Technologies, LLC (collectively, “Petitioner”) request
`
`inter partes review of
`
`claims 1, 2, 3, 8, 9, 12, 16, and 19 (the “Challenged Claims”) of U.S. Patent
`
`No. 7,626,349 (“the ’349 patent,” Ex. 1001), which issued on December 1, 2009.
`
`The Board is authorized to deduct all required fees associated with this petition
`
`from Locke Lord LLP Deposit Account No. 504827, under Order No.
`
`0027512.00004.
`
`The ‘349 patent is generally directed to systems and methods for heating,
`
`ventilating and/or heating (“HVAC”)
`
`systems with a permanent magnet
`
`synchronous motor (“PM Motor”) that drives a fan or blower. More specifically,
`
`the PM Motor drive of the ‘349 patent uses sine wave commutation and
`
`independent q- and d-axis currents to create continuous currents in the PM Motor’s
`
`windings.
`
`As demonstrated by various references discussed below and the declaration
`
`of Professor Mark Ehsani, long before the ‘349 patent’s priority date, PM Motors
`
`using sine wave commutation and vector control (q- and d-axis currents) were well
`
`understood, developed, and used in a variety of industries, including HVAC. As
`
`NY 784650v.1
`
`1
`
`

`

`such, there is a reasonable likelihood that Petitioner will prevail on at least one of
`
`the challenged claims.
`
`II. Mandatory Notices (37 C.F.R. §42.8)
`Real Party In Interest (37 C.F.R. §42.8(b)(1))
`
`A.
`
`Zhongshan Broad Ocean Motor Co., Ltd., Broad Ocean Motor LLC, and
`
`Broad Ocean Technologies, LLC are the real parties-in-interest.
`
`B.
`
`Related Matters (37 C.F.R. §42.8(b)(2))
`The ‘349 patent is the subject of an instituted inter partes review, styled as
`
`Zhongshan Broad Ocean Motor Co., Ltd. et al. v. Nidec Motor Corp., Case
`
`No. IPR2014-01121, which was
`
`instituted on January 21, 2015.
`
`In that
`
`proceeding, Petitioner, for its proposed Ground No. 1, relied upon Hideji Japanese
`
`Patent Publication JP 2003-348885 (“Hideji”) and filed an English translation of
`
`Hideji, but omitted an affidavit attesting to the accuracy of that translation. In its
`
`Preliminary Response, the Patent Owner requested that Hideji be stricken from
`
`consideration by the Board for failing to comply with 37 C.F.R. §42.63(b), but
`
`nevertheless addressed the merits of Ground No. 1. The Board denied Petitioner’s
`
`motion under §42.104(c) to file an affidavit attesting to the accuracy of the
`
`originally filed English translation of Hideji and, consequently, refused to consider
`
`Hideji. See Zhongshan Broad Ocean v. Nidec Motor, IPR2014-01121, Paper
`
`No. 20 (Decision) at pp. 9-13. As a result, the Board declined to institute an inter
`
`NY 784650v.1
`
`2
`
`

`

`partes review of claims 1-3, 8-9, 12, 16 and 19 under 35 U.S.C. §102(b) based on
`
`Hideji, but did institute an inter partes review of those claims under 35 U.S.C.§103
`
`based on other prior art references. See Paper No. 20 (Decision) at pp. 13 & 17.
`
`The following matter may affect, or be affected by, a decision in this
`
`proceeding: Nidec Motor Corporation v. Broad Ocean Motor LLC et al., Civil
`
`Action No. 4:13-CV-01895-JCH (E. D. Mo.) (the “Litigation”). The Litigation is
`
`currently stayed and the Court has ordered the parties to submit a report by April 2,
`
`2015 on the status of the instituted inter partes trials for Zhongshan Broad Ocean
`
`v. Nidec Motor, IPR2014-01121 and Zhongshan Broad Ocean v. Nidec Motor,
`
`IPR2014-01122.
`
`C.
`
`Lead and Back-Up Counsel (37 C.F.R. §42.8(b)(3))
`
`Lead counsel: Steven F. Meyer (Reg. No. 35,613)
`
`Back-up counsel: Charles S. Baker (Pro Hac Vice)
`
`Petitioner hereby requests authorization to file a motion for Charles S. Baker
`
`to appear pro hac vice, as Mr. Baker is an experienced litigating attorney, is lead
`
`counsel for Broad Ocean in the Litigation and has an established familiarity with
`
`the subject matter at issue in this proceeding. Mr. Baker is admitted pro hac vice
`
`in the related inter partes review trial, Zhongshan Broad Ocean v. Nidec Motor,
`
`IPR2014-01121.
`
`NY 784650v.1
`
`3
`
`

`

`D.
`
`Service Information (37 C.F.R. §42.8(b)(4))
`
`Electronic Service:
`
`ptopatentcommunication@lockelord.com
`
`Post and Delivery:
`
`Locke Lord LLP, 3 World Financial Center
`(20th Floor), New York, NY 10281
`
`Phone:
`
`(212) 415-8600
`
`Fax: (212) 303-2754
`
`Petitioner consents to electronic service.
`
`III. GROUNDS FOR STANDING
`Petitioner hereby certifies that the ‘349 patent is available for inter partes
`
`review, and that Petitioner is not barred or estopped from requesting an inter partes
`
`review challenging the claims of the ‘349 patent on the ground identified in this
`
`Second Petition. Although Petitioner was served more than one year ago with a
`
`complaint asserting infringement of the ‘349 patent, the normal statutory one-year
`
`bar under 35 U.S.C. §315(c) does not apply here because (1) less than one month
`
`ago, the Board instituted an inter partes review trial on the ‘349 patent on a timely
`
`first petition filed by Petitioner (Case No. IPR2014-01121), and (2) Petitioner
`
`accompanies this Second Petition with a motion for joinder under 35 U.S.C.
`
`§315(c). See 37 C.F.R. §42.122.
`
`NY 784650v.1
`
`4
`
`

`

`IV.
`
`STATEMENT OF PRECISE RELIEF REQUESTED FOR EACH
`CLAIM CHALLENGED
`Claims For Which Review Is Requested (37 C.F.R. §42.104(b)(1))
`
`A.
`
`Petitioner requests review and invalidation of claims 1-3, 8-9, 12, 16, and 19
`
`of the ‘349 patent.
`
`B.
`
`Statutory Grounds Of Challenge (37 C.F.R. §42.104(b)(2))
`
`For the reasons presented below, Petitioner seeks the following relief:
`
`Ground 1: Invalidation of claims 1-3, 8-9, 12, 16, and 19 under 35 U.S.C.
`
`§102(b) based on the same Hideji Japanese Patent Publication JP 2003-348885
`
`(“Hideji”) (Ex. 1003) that was excluded from consideration in the related
`
`IPR2014-01121 proceeding solely due to an omitted attesting affidavit. Hideji
`
`published in Japan on December 5, 2003, and is therefore prior art to the ‘349
`
`Patent (whose priority date is February 1, 2007) at least under 35 U.S.C. §102(b).
`
`The English translation of Hideji filed herewith as Exhibit 1005 includes an
`
`attesting affidavit. See Ex. 1005 at p. 26.
`
`V.
`
`REASONS FOR THE RELIEF REQUESTED UNDER
`37 C.F.R. §§42.22(a)(2) AND 42.104(b)(4)
`
`A.
`
`Background
`
`1.
`
`Declaration Evidence
`
`This Petition is supported by the declaration of Professor Mark Ehsani from
`
`Texas A&M University. (Ex. 1009). Dr. Ehsani offers his opinion with respect to
`
`NY 784650v.1
`
`5
`
`

`

`the content and state of the prior art and the understanding of a person having
`
`ordinary skill in the art.
`
`Dr. Ehsani holds BS and MS degrees in electrical engineering from the
`
`University of Texas at Austin and a Ph.D. in Electrical Engineering from the
`
`University of Wisconsin-Madison. He is currently a tenured Professor in the
`
`Department of Electrical and Computer Engineering and the director of the Power
`
`Electronics and Motor Drives Laboratory and Advanced Vehicle Systems Research
`
`Program at Texas A&M University.
`
`Dr. Ehsani has published over 370 papers in refereed conferences, and
`
`journals in the areas of energy systems, power electronics, motor drives, and
`
`electric and hybrid electric vehicles, and other areas of control, storage, and use of
`
`electric power and energy systems. He is also the co-author of 17 books on the
`
`above topics. During his over 33 years of employment at Texas A&M, Dr. Ehsani
`
`has originated and taught over eight different undergraduate and graduate electrical
`
`engineering courses on a variety of topics including power electronics, motor
`
`drives, DC power systems, electric and hybrid electric vehicles, sustainable energy
`
`and transportation systems, and industrial practice of electrical and computer
`
`engineering. Directly relevant to the ‘349 Patent, Dr. Ehsani first taught a class at
`
`Texas A&M University that covered vector control (using independent q- and d-
`
`NY 784650v.1
`
`6
`
`

`

`axis currents) and sine wave commutation with PM Motor drives in 1985. See
`
`Ex. 1009, Ehsani Decl. at ¶11.
`
`2.
`
`Prior Art Technology
`
`As evidenced by Dr. Ehsani’s declaration and the prior art Hideji reference
`
`discussed below, as of the ‘349 patent’s 2007 priority date, motor controls for
`
`permanent magnet motors were well developed, understood and used in a variety
`
`of applications. See Ex. 1009, Ehsani Decl. at ¶10. For example, a textbook by
`
`Dr. Krause, Analysis of Electric Machinery and Drive Systems (2nd ed. 2002)
`
`(“Krause”) (Ex. 1008) includes many equations and descriptions that describe the
`
`control and performance of permanent magnet motors.
`
`The ‘349 patent includes the concept of vector control, which uses a rotating
`
`frame of reference and separates the current (and flux) provided to control the
`
`motor into a quadrature axis (“q-axis”) and a direct axis (“d-axis”) current. As
`
`explained in more detail the declaration of Dr. Ehsani, the use of vector control
`
`provides an analytical tool to control a permanent magnet motor to produce a
`
`commanded amount of torque or speed. See Ex. 1009, Ehsani Decl. at ¶¶12-17.
`
`The ‘349 patent also includes the concept of sine wave commutation, which relates
`
`to the waveforms of the currents that are fed to a PM Motor—they are sine waves,
`
`rather than square waves.
`
`NY 784650v.1
`
`7
`
`

`

`Hideji (discussed below) discloses an HVAC system that uses a PM Motor
`
`that uses vector control and sine wave commutation. Bessler (also discussed
`
`below) discloses an HVAC system that uses a PM Motor. Therefore, the ‘349
`
`claims are directed to teachings that were within the knowledge of one of ordinary
`
`skill in the art at the time of the invention and there is a reasonable likelihood that
`
`Petitioner will prevail on at least one of the challenged claims. A more detailed
`
`application of Hideji to the challenged claims is provided below in Section C.
`
`3.
`
`Prosecution History
`
`The ‘349 patent was filed with 20 claims of which 3 were independent. Ex.
`
`1002, 30-49. Claims 1-15 were directed to an HVAC system, claims 16-18 were
`
`directed to a blower assembly, and claims 19-20 were directed to a method for
`
`driving an air-moving component of a HVAC system. Ex. 1002, 41-44.
`
`In a non-final Office Action mailed February 26, 2009, all claims were
`
`rejected under 35 USC § 103 as being unpatentable over U.S. Patent No. 5,410,230
`
`to Bessler and U.S. Patent No. 5,426,354 to Bausch. Ex. 1002, 20-24. The Office
`
`stated that Bessler taught every claim element except the use of a sine wave to
`
`control the motor system. Ex. 1002, 22. However, the Office found that Bausch
`
`taught the use of a sine waves to control a permanent magnet motor which
`
`rendered the claims obvious. Ex. 1002, 22.
`
`NY 784650v.1
`
`8
`
`

`

`A response to the Office Action was filed on June 26, 2009 in which the
`
`phrase “using independent values of q- and d-axis currents” was added to
`
`independent claims 1, 16 and 19. Ex. 1002, 9-19. The Applicant argued that
`
`Bausch did not disclose or suggest a motor controller configured for performing
`
`sine wave commutation “using independent values of q and d axis to produce
`
`continuous currents.” Ex. 1002, 15-18.
`
`The Office mailed a Notice of Allowability on July 28, 2009 in which the
`
`examiner stated that
`
`the reasons for allowance were based on Applicant’s
`
`amendments and remarks in the response filed June 26, 2006. Ex. 1002, 3-7. The
`
`‘349 patent issued on December 1, 2009. Ex. 1001.
`
`4.
`
`The ‘349 Patent
`
`The ‘349 patent relates to an HVAC system that uses a permanent magnet
`
`motor that, in turn, uses sine wave commutation and independent q- and d- axis
`
`current control signals.
`
`The Background of the Invention section states that many HVAC systems
`
`used air-moving components (e.g. fans, blowers, etc.) and that those air-moving
`
`components were driven using variable speed electric motors. Ex. 1001, Col. 1:19-
`
`29. However, according to the ‘349 patent, those variable speed motors were
`
`driven using “6-step” commutation, as opposed to using sine wave commutation.
`
`Ex. 1001, Col. 1:30-47. As the ‘349 patent explains, the known disadvantages of
`
`NY 784650v.1
`
`9
`
`

`

`6-step commutation included: 1) high cogging torque, 2) high torque ripple, and
`
`3) lower efficiency. Ex. 1001, Col. 1:58-Col. 2:3.
`
`The ‘349 specification states that the HVAC system of the disclosure uses a
`
`permanent magnet motor and, in response to a control signal (such as from a
`
`thermostat), the permanent magnet motor uses sine wave commutation to produce
`
`continuous phase currents in the motor for driving an air-moving component (i.e. a
`
`fan). Ex. 1001, Col. 3:24-30.
`
`As described above in connection with the prosecution history, every
`
`independent claim of the ‘349 Patent includes the limitations of: 1) using sine wave
`
`commutation, and 2) using independent values of q- and d-axis currents.
`
`B.
`
`Claim Construction (37 C.F.R. §42.104(b)(3))
`In the related instituted inter partes review, IPR2014-01121, the Board
`
`construed the phrase “using independent values of Q and d axis currents,” which is
`
`recited in claims 1, 16 and 19, “as requiring the use of Q and d axis current values
`
`that are developed independently of each other, without relying on one to derive
`
`the other.” Zhongshan Broad Ocean v. Nidec, IPR2014-01121, Paper No. 20
`
`(Decision) at pp. 7-8 (PTAB Jan. 21, 2015). The Board also construed the term
`
`“back-emf motor”, which is recited in claim 9, “as coterminous with ‘permanent
`
`magnet motor.’” Paper No. 20 (Decision) at p. 8.
`
`NY 784650v.1
`
`10
`
`

`

`C.
`
`The Challenged Claims Are Invalid Under 35 U.S.C. §102(b)
`
`1.
`
`Ground 1 -- Hideji
`
`Claims 1-3, 8-9, 12, 16, and 19 are anticipated under 35 U.S.C. §102(b) by
`
`Hideji. Hideji generally describes an HVAC system that uses a permanent magnet
`
`motor using sine wave commutation and independent q- and d- axis current
`
`commands. See Ex. 1005 (hereinafter referred to as “Hideji, ¶[xxxx]”). Hideji
`
`was not considered during the original prosecution of the ‘349 Patent, nor is it
`
`cumulative of any prior art considered by the Examiner. The following discussion
`
`demonstrates, on a limitation-by-limitation bases, how claims 1-3, 8-9, 12, 16, and
`
`19 of the ‘349 patent are anticipated by Hideji.
`
`a.
`
`Claim 1
`“A heating, ventilating and/or air conditioning
`(HVAC) system comprising”
`
`(1)
`
`Hideji discloses an air conditioning system.
`
`The present invention relates to a method and a device
`for controlling a permanent magnet synchronous motor
`and an air conditioning device,
`in particular
`to a
`technology
`for
`controlling
`a
`permanent magnet
`synchronous motor in a sine wave driving mode.
`
`Hideji, ¶ [0001]. “Moreover, an air conditioning device includes an indoor unit
`
`and an outdoor unit, characterized by also including: a permanent magnet
`
`synchronous motor used for driving a fan ….” Hideji, ¶ [0018].
`
`NY 784650v.1
`
`11
`
`

`

`Figure 1 of Hideji, which is reproduced below, “is a diagram of a refrigerant
`
`circuit of an air conditioning device with a compressor driven by a permanent
`
`magnet synchronous motor (called as brushless DC motor below).” Hideji,
`
`¶[0022].
`
`Hideji, FIG. 1; See also, Ex. 1009, Ehsani Decl. at ¶33.
`
`(2)
`
`“a system controller”
`
`Hideji discloses a system controller because a thermostat or some other
`
`control device must be present in an HVAC system. See Ex. 1009, Ehsani Decl. at
`
`¶34. Figure 2 of Hideji, which is reproduced below, “is a block diagram of a
`
`driving device for brushless DC motors.” Hideji, ¶[0028].
`
`NY 784650v.1
`
`12
`
`

`

`Hideji, FIG. 2.
`
`The target speed in Figure 2 of Hideji comes from a system controller that
`
`tells the motor controller the commanded speed of the motor.
`
`The 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.
`
`Hideji, ¶[0037]; see also Ex. 1009, Ehsani Decl. at ¶34 (“Fig. 2 in Hideji shows an
`
`input of a target speed, which originates in a system controller that commands the
`
`speed at which the motor is to turn.”).
`
`To the extent the Patent Owner argues that Hideji does not expressly
`
`disclose a system controller, a person of ordinary skill in the art would understand
`
`that an HVAC system would necessarily use a system controller, such as a
`
`thermostat. See Ex. 1009, Ehsani Decl. at ¶34. Thermostats have been used long
`
`NY 784650v.1
`
`13
`
`

`

`before the ‘349 Patent’s priority date to control HVAC systems. See e.g. Ex. 1006,
`
`Bessler at Fig. 1; see also Ex. 1009, Ehsani Decl. at ¶48.
`
`(3)
`
`“a motor controller”
`
`Hideji discloses a motor controller:
`
`The present invention relates to a method and a device
`for controlling a permanent magnet synchronous motor
`and an air conditioning device,
`in particular
`to a
`technology
`for
`controlling
`a
`permanent magnet
`synchronous motor in a sine wave driving mode. Hideji,
`¶[0001]
`
`*
`*
`*
`[T]he invention provides a method for controlling a
`permanent magnet
`synchronous motor,
`and
`for
`performing vector control on the permanent magnet
`synchronous motor in a sine wave driving mode….
`Hideji, ¶[0006]
`
`Figure 2 of Hideji, which is reproduced below, “is a block diagram of a
`
`driving device for brushless DC motors.” Hideji, ¶[0028].
`
`NY 784650v.1
`
`14
`
`

`

`Hideji, FIG. 2. More particularly, Hideji discloses a brushless motor driving
`
`device 50:
`
`Each of brushless DC motors 30A and 30B includes a
`stator winding and a rotor of a permanent magnet which
`are not shown in the diagram, and these brushless DC
`motors 30A and 30B are driven by a brushless DC motor
`driving device 50 respectively.
`
`Hideji, ¶[0029]. “The brushless DC motor driving device 50 roughly includes a
`
`three-phase PWM inverter 31, an alternating current power supply 32, a rectifier
`
`circuit 33 and a control device 34.” Hideji, ¶[0030]; see also Ex. 1009, Ehsani
`
`Decl. at ¶35.
`
`(4)
`
`“an air-moving component, and”
`
`Hideji discloses an air-moving component:
`
`When a fan for heat exchange is driven, a part of three-
`phase alternating current is supplied to the brushless DC
`
`NY 784650v.1
`
`15
`
`

`

`motor by a three-phase PWM inverter, converted to a
`revolving coordinate system of the rotor and used as flux
`current
`Id and torque current
`Iq. The position and
`revolving speed (revolutions) of the rotor are calculated
`through these currents, and drive control of the fan is
`performed on the basis of these calculated values.
`
`Hideji, ¶[0003]. “Moreover, an air conditioning device includes an indoor unit and
`
`an outdoor unit, characterized by also including: a permanent magnet synchronous
`
`motor used for driving a fan….” Hideji, ¶[0018].
`
`More particularly, Hideji discloses that brushless DC motor 30A drives an
`
`outdoor fan 20 and that brushless DC motor 30B drives an indoor fan 23.
`
`Moreover, an outdoor fan 20 which is driven by a
`brushless DC motor 30A and blows air to the outdoor
`heat exchanger 19 is configured adjacent to the outdoor
`heat exchanger 19.
`…An indoor fan 23 which is driven by a brushless DC
`motor 30B and blows air to the indoor heat exchanger 21
`is configured adjacent to the indoor heat exchanger 21.
`
`Hideji, ¶¶[0025-26]. This configuration is depicted in Figure 1 of Hideji, which is
`
`reproduced below.
`
`NY 784650v.1
`
`16
`
`

`

`“A fan is an air-moving component.” Ex. 1009, Ehsani Decl. at ¶36.
`
`(5)
`
`“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,”
`
`Hideji discloses a permanent magnet motor, which includes a stator and a
`
`rotor:
`
`A brushless DC motor serving as a permanent magnet
`synchronous motor is provided with a stator winding and
`a rotor of a permanent magnet and is driven under the
`control of an inverter and the like. Hideji, ¶ [0002].
`
`*
`
`*
`
`*
`
`Each of brushless DC motors 30A and 30B includes a
`stator winding and a rotor of a permanent magnet which
`are not shown in the diagram, and these brushless DC
`motors 30A and 30B are driven by a brushless DC motor
`driving device 50 respectively. Hideji, ¶[0029].
`
`NY 784650v.1
`
`17
`
`

`

`Moreover, “[a] person of ordinary skill would know that a permanent magnet
`
`synchronous motor would have a stator, which is a stationary assembly, and a
`
`rotor, which is a rotatable assembly that is magnetically coupled to the stator.”
`
`Ex. 1009, Ehsani Decl. at ¶37.
`
`Figure 1 of Hideji, which is reproduced below, is “a diagram of a refrigerant
`
`circuit of an air conditioning device with a compressor driven by a permanent
`
`magnet synchronous motor (called as brushless DC motor below)”. Hideji, ¶[0022].
`
`The rotor is in magnetic coupling relation with the stator, and thereby rotates the
`
`shaft which is depicted in Figure 1 above as being coupled to each of the fans 20
`
`and 23.
`
`NY 784650v.1
`
`Moreover, an outdoor fan 20 which is driven by a
`brushless DC motor 30A and blows air to the outdoor
`heat exchanger 19 is configured adjacent to the outdoor
`heat exchanger 19. Hideji, ¶[0025].
`
`*
`
`*
`
`*
`
`18
`
`

`

`…An indoor fan 23 which is driven by a brushless DC
`motor 30B and blows air to the indoor heat exchanger 21
`is configured adjacent to the indoor heat exchanger 21.
`Hideji, ¶[0026].
`
`“[A] person of ordinary skill in the art would know that a permanent magnet motor
`
`would have a shaft attached to the rotor and that the shaft would be connected
`
`either directly or indirectly to the fan to cause the fan to rotate and move air.”
`
`Ex. 1009, Ehsani Decl. at ¶37.
`
`(6)
`
`“wherein the motor controller is configured for
`performing sine wave 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.”
`
`Hideji performs sine wave commutation using independent values of q- and
`
`d- axis currents. Moreover, the sine wave commutation is performed in response
`
`to one or more signals from the system controller. See Ex. 1009, Ehsani Decl. at
`
`¶¶38-40.
`
`More particularly, Hideji discloses that it controls the permanent magnet
`
`synchronous motor in a sine wave driving mode:
`
`The present invention relates to a method and a device
`for controlling a permanent magnet synchronous motor
`and an air conditioning device,
`in particular
`to a
`
`NY 784650v.1
`
`19
`
`

`

`permanent magnet
`a
`controlling
`for
`technology
`synchronous motor in a sine wave driving mode. Hideji,
`¶[0001]
`
`*
`*
`*
`As known, these existing brushless DC motors are driven
`in a sine wave driving mode in the absence of sensors for
`detecting revolving speeds and positions of rotors. When
`a fan for heat exchange is driven, a part of three-phase
`alternating current is supplied to the brushless DC motor
`by a three-phase PWM inverter, converted to a revolving
`coordinate system of the rotor and used as flux current Id
`and torque current Iq. The position and revolving speed
`(revolutions) of the rotor are calculated through these
`currents, and drive control of the fan is performed on the
`basis of these calculated values. Hideji, ¶[0003]
`*
`*
`*
`[T]he invention provides a method for controlling a
`permanent magnet
`synchronous motor,
`and
`for
`performing vector control on the permanent magnet
`synchronous motor in a sine wave driving mode .…
`Hideji, ¶ [0006]
`
`“A person of ordinary skill in the art would know that a sine wave driving mode
`
`means that the motor controller performs sinewave commutation.” Ex. 1009,
`
`Ehsani Decl. at ¶38.
`
`NY 784650v.1
`
`20
`
`

`

`“One of ordinary skill in the art would know that the motor controller of
`
`Hideji would use sine wave commutation in response to a control signal from the
`
`system controller. For example, when the thermostat sends the signal for the air
`
`conditioning system to begin cooling, the motor controller would, in turn, use sine
`
`wave commutation to cause the motor to turn the fan and move air through the
`
`system.” Ex. 1009, Ehsani Decl. at ¶39.
`
`“A permanent magnet motor that is driven using sine wave commutation
`
`will have continuous sinusoidal phase currents in the windings. Unlike 6-step
`
`commutation, in which certain windings will have essentially no current flowing
`
`through them during certain periods of a cycle, sinusoidal commutation results in
`
`continuous sinusoidal phase currents.” Ex. 1009, Ehsani Decl. at ¶40.
`
`H