throbber

`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`UNITED ST.-\TlI-ZS DEPARTMENT OF COMMERCE
`United Slam Patent and Trademark Office
`Addrus: COMMISSIONER FOR PATENTS
`P.0.Bo:_|-159 I
`I
`hlunndnl. Virgina 213Il- I-190
`wunw.ns_pln.9m'
`
`APPLICATION NO.
`
`95moo,396
`
`FILING DATE
`
`09:23:20-as
`
`30662
`‘I590
`I IIZORWE
`sculcmlwomcamc.
`SU1-1-E 292
`280] MERIDIAN STREET
`BELLINGHAM wa 932254412
`
`FIRST NAMED INVENTOR
`
`ATTORNEY DOCKET NO.
`
`CONFIRMATION N0.
`
`65|623I5
`
`14933-13!
`
`I593
`
`I
`
`KOSOWSKI, ALEXANDER!
`
`3992
`
`I [.I'2|l|'2003
`
`PAPER
`
`Please find below andfor attached an Office communication concerning this application or proceeding.
`
`The time period for reply, if any, is set in the attached communication.
`
`PTOL-90A (Rev. 0410?]
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`”
`
`
`
`-, UNITED STATES PATENT AND TRADEMARK OFFICE
`
`Commissioner for Parents
`United Slales Palenls and Trademark 0lTI:e
`P.0.Box 1450
`Alexandria, VA 223 I 3-1450
`www.uspto.gnv
`
`DO NOT USE IN PALM PRINTER
`
`THIRD PARTY REQUESTER'S CORRESPONDENCE ADDRESS
`William J. Zychlewicz
`ARMSTRONG TEASDALE LLP
`
`One Metropolitan Square
`St Louis, MO 63102-2740
`
`Datel
`
`I l’ 20' 0:
`
`Transmittal of Communication to Third Party Requester
`Inter Partes Reexamination
`
`REEXAMINATION CONTROL N0. : 95000396
`
`PATENT NO. : 6516236
`
`TECHNOLOGY CENTER : 3999
`
`ART UNIT : 3992
`
`Enclosed is a copy of the latest communication from the United States Patent and Trademark
`Office in the above identified Reexamination proceeding. 37 CFR 1.903.
`
`Prior to the filing of a Notice of Appeal, each time the patent owner responds to this
`communication, the third party requester of the inter partes reexamination may once file
`written comments within a period of 30 days from the date of service of the patent owner's
`response. This 30-day time period is statutory (35 U.S.C. 314(b)(2)), and, as such, it cannot
`be extended. See also 37 CFR 1.947.
`
`If an ex parte reexamination has been merged with the inter partes reexamination, no
`responsive submission by any ex parte third party requester is permitted.
`
`All correspondence relating to this inter partes reexamination proceeding should be directed
`to the Central Reexamination Unit at the mail, FAX, or hand-carry addresses given at the end
`of the communication enclosed with this transmittal.
`
`PTO L-20? 0( Rev.0'.-'-04}
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`Control No.
`
`95000 396
`Examiner
`
`Patent Under Reexamination
`
`6516235
`Art Unit
`
`ALEXANDER J. KOSOWSKI
`
`
`
`REQUEST FOR INTER PARTES
`
`
`
`The request for inter partes reexamination has been considered. Identification of the claims. the
`references relied on, and the rationale supporting the determination are attached.
`
`1. E] The request for interpartes reexamination is GRANTED.
`
`E] An Office action is attached with this order.
`
`E An Office action will follow in due course.
`
`2. C] The request for inter partes reexamination is DENIED.
`
`-- The MAILING DATE of this communication appears on the cover sheet with the correspondence address. --
`
`Attachment(s):
`
`D PTO-892
`
`IXI PTOISBIOB
`
`Eother: Decision
`
`- This decision is not appealable. 35 U.S.C. 312(c). Requester may seek review of a denial by petition
`to the Director of the USPTO within ONE MONTH from the mailing date hereof. 37 CFR 1.927.
`EXTENSIONS OF TIME ONLY UNDER 37 CFR 1.183. In due course, a refund under 37 CFR 1.26(c)
`will be made to requester.
`
`All correspondence relating to this inter panes reexamination proceeding should be directed to the
`Central Reexamination Unit at the mail, FAX, or hand~carry addresses given at the end of this
`Order.
`'
`
`‘ U
`
`S. Patent and Trademark Office
`PTOL-2053 (DBIOB)
`
`'
`
`Paper No. 20081112
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`Page 3 of 26
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`AMS
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`ORDER GRANTING/DENYING
`
`
`
`REEXAII/HNA TION
`
`

`

`Applicatioru’Control Number: 9Sr‘000,396
`Art Unit: 3992
`
`Page 2
`
`DECISION
`
`1)
`
`A substantial new question of patentability affecting claims 1-10 of United States Patent
`
`Number 6,516,236 (Brown et al) is raised by the request for inter partes reexamination filed
`
`9!23!03.
`
`References Cited in the Request
`
`2)
`
`A total of 41 references have been asserted in the request as providing teachings relevant
`
`to the claims of the Brown patent. These references are listed on pages 3-7 of the request.
`
`Identification of Every Claim for Which Reexamination is Requested
`The 41 references cited above are separately discussed regarding claims 1-10 of the
`
`3)
`
`Brown patent. Pages 8-421 of the request detail out proposed substantial new questions of
`
`patentability in light of the 41 references cited -above.
`
`Prosecution l-listory
`
`4)
`
`The Brown patent was assignedlserial number 10iO2 1 ,669. During prosecution, the
`
`application was allowed with the following reasons for allowance:
`
`The allowability of the claims resides, at least in part, in that the closest prior art of
`
`record I-lirai (US 5,914,876) does not disclose or suggest, alone or in combination the step ofa
`
`motion control component for generating the sequence of control commands for controlling the
`
`selected motion control device based on the component functions of the application program, the
`‘component code associated with the component functions, and the driver code associated with
`
`the selected software driver, in combination with the other elements and features of the claimed
`
`invention.
`
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`Page 4 of 26
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`AMS
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`Exhibit
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`2002
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`AMS
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`RA V
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`AMS
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`IPR2017—OOO48
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`Appiication!Contro| Number: 95f000,396
`Art Unit: 3992
`
`Page 3
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`None of the 41 references in the currently filed request were previously discussed bi.’ the
`
`examiner or applied to claims 1-10 in the prosecution history of the Brown patent.
`
`Substantial New Question of Patentability
`
`5)
`
`Eleven possible combinations of the 4] references cited in the request have been
`
`proposed as reading on claims 1-10 of the Brown patent. Of these eleven possible combinations,
`
`examiner notes that the six combinations below raise a substantial new question of patentability.
`
`For purposes of determination, independent claim 1 is a representative claim. The
`
`italicized sections of claim 1 below were cited by the examiner in the reasons for allowance
`
`discussed above and are utilized to show how specific teachings of the proposed references
`
`create a substantial new question of patentability.
`
`Claim 1:
`
`A system for generating a sequence of control commands for controlling a selected
`
`motion control device selected from a group of supported motion control devices, comprising:
`
`a set of motion control operations, where each motion control operation is either a
`
`primitive operation the implementation of which is required to operate motion control devices
`
`and carmot be simulated using other motion control operations or a non-primitive operation that
`
`does not meet the definition of a primitive operation;
`
`a core set of core driver functions, where each core driver function is associated with one
`
`of the primitive operations; an extended set of extended driver functions, where each extended
`
`driver function is associated with one of the non-primitive operations;
`
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`RA V AMS
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`Applicationtcontrol Number: 95t'000,396
`Art Unit: 3992
`
`Page 4
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`a set of component functions; component code associated with each of the component
`
`functions, where the component code associates at least some of the component functions ‘with at
`
`least some of the driver functions;
`
`a set of software drivers, where each software driver is associated with one motion control device
`
`in the group of supported motion control devices, each software driver comprises driver code for
`
`implementing the motion control operations associated with at least some of the driver functions,
`
`and one of the software drivers in the set of software drivers is a seiected software driver, where
`
`the selected software driver is the software driver associated with the selected motion control
`
`device;
`
`. an application program comprising a series of component functions, where the
`
`application program defines the steps for operating motion control devices in a desired manner;
`
`and a motion control componentfor generating the sequence ofcontrot commandsfor
`
`controlling the seiected motion control device based on the component functions of the
`
`application program, the component code associated with the component functions, and the
`
`driver code associated with the setected Software driver.
`
`L
`
`6)
`
`The SOSAS references Volumes I-VI describe the Specification for an Open System
`
`Architecture Standard which governs the design and construction of a family of workstation t’
`
`machine controllers. The request shows that SOSAS discloses a motion controi componentfor
`
`generating the sequence ofcontrol commands for controfling the selected motion control device
`
`I based on the componentfunctions ofthe application program (Volume S p. 4-5), the component
`
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`ApplicationtControl Number: 95t000,3 96
`Art Unit: 3992
`
`i
`
`i
`
`Page 5
`
`code associated with the componentfunctions (Volume 1, p. A-3 and Volume 5 p. 56). and the
`
`driver code associated with the selected software driver (Volume 2 p. 181 and Volume 5 p. C-3).
`
`_The SOSAS reference was not previously discussed by the examiner nor applied to
`
`claims 1- l 0 in the prior examination of the patent as discussed above.
`
`It is agreed that the consideration of SOSAS raises a SNQ as to claims 1-10 ofthe Brown
`
`patent as pointed out above. There is a substantial likelihood that a reasonable examiner would
`
`consider this teaching important in deciding whether or not these claims are patentable.
`
`For additional reasons why SOSAS raises a substantial new question of patentability, see
`also pages 77'-I L6-of the request, which is hereby incorporated by reference from the request for
`
`their explanation of the teachings provided in SOSAS that were not present in the prosecution of
`
`the application which became the Brown patent.
`
`Accordingly, SOSAS raises a substantial new question of claims 1-10, which question
`
`has not been decided in a previous examination of the Brown patent nor was there a final holding
`
`of invalidity by the Federal Courts regarding the Brown patent.
`
`Ability Systems
`
`'i')
`
`The Ability Systems references describe the HPGL and HP-GLt2 controllers, as well as
`
`Indexer LPT software. The request shows that Ability Systems discloses a motion control
`
`componentfor generating the sequence ofcontrol commandsfor controlling the selected motion
`
`controt device based on the component functions ofthe application program (DEFS 00043017).
`
`the component code associated with the component functions (DEFS 00031041), and the driver
`
`"code associated with the selected software driver (DEFS 00043023-25).‘ In addition, the Ability
`
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`ApplicationiControl Number: 95i000,396
`Art Unit: 3992
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`Page 6
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`Systems references all relate .to_similar art and it would be obvious to combine them since they
`
`are interoperable together.
`ThelAbility Systems references were not previously discussed by the examiner nor
`
`applied to claims 1-10 in the prior examination of the patent as discussed above.
`
`It is agreed that the consideration of the Ability Systems references raises a SNQ as to
`
`claims l-l0 of the Brown patent as pointed out above. There is a substantial likelihood that a
`
`reasonable examiner would consider this teaching important in deciding whether or not these
`
`claims are patentable.
`
`For additional reasons why Ability Systems raises a substantial new question of
`
`patentability, see also pages 151-164 of the request, which is hereby incorporated by reference
`
`from the request for their explanation of the teachings provided in Ability Systems that were not
`
`present in the prosecution of the application which became the Brown patent.
`
`Accordingly, the Ability Systems references raise a substantial new question of claims l-- -
`
`10, which question has not been decided in a previous examination of the Brown patent nor was
`
`there a final holding of invalidity by the Federal Courts regarding the Brown patent. '
`
`Sorensen
`
`8)
`
`The Sorensen reference describes a ROBLINE system that allows a user to select a
`
`motion control device to control through a task planner andfor an application.-
`
`The request shows that Sorensen discloses a motion control component for generating the
`sequence ofcontrol commandsfor controlling the selected motion control device based on the
`
`component functions ofthe appiication program (Pages 92-93), the component code associated
`
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`ApplicationJ'Control N'u.1-nber: 95t000,396
`Art Unit: 3992
`
`Page 7
`
`with the componentfunctions (Pages 186-187), and the driver code associated with the selected
`
`software driver (Page 20).
`
`I
`
`The Sorensen reference was not previously discussed by the examiner nor applied to
`
`claims 1- l 0 in the prior examination of the patent as discussed above.
`
`It is agreed that the consideration of the Sorensen reference raises a SNQ as to claims I-
`
`10 of the Brown patent as pointed out above. There is a substantial likelihood that a reasonable
`
`examiner would consider this teaching important in deciding whether or not these claims are
`
`patentable.
`
`For additionai reasons why Sorensen raises a substantial new question of patentability,
`see also pages 241-246 of the request, which is hereby incorporated by reference from the
`
`request for their explanation of the teachings provided in Sorensen that were not present in the
`
`prosecution of the application which became the Brown patent.
`
`Accordingly, the Sorensen reference raises a substantial new question of claims 1-10, I
`
`which question has not been decided in a previous examination of the Brown patent nor was
`
`there a final holding of invalidity by the Federal Courts regarding the Brown patent.
`
`K193
`
`9)
`
`The King reference describes a graphics engine for use. with the Windows Operating
`
`System.
`
`The request shows that King discloses a motion contra} component for generating the
`
`sequence ofcontroi commandsfor controiiing the seiected motion control device basedion the
`
`componentfimctions ofthe application program (DEFS 00025172), the component code
`
`Page 9 of 26
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`A
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`ApplicationfControl Number: 95l000,3 96
`Art Unit: 3992
`
`Page 3
`
`-
`
`associated with the component functions (DEFS 00025163), and the driver code associated with
`
`the selected software driver (DEFS 0002516? and DEF S 00024975).
`
`The King reference was not previously discussed by the examiner nor applied to claims
`
`1-10 in the prior examination of the patent as discussed above.
`
`It is agreed that the consideration of the King reference raises a SNQ as to claims 1-10 of
`
`the Brown patent as pointed out above. There is a substantial likelihood that a reasonable
`
`examiner would consider this teaching important in deciding whether or not these claims are
`
`patentable.
`
`For additional reasons why King raises a substantial new question of patentability, see
`
`also pages 275-282 of the request, which is hereby incorporated by reference from the request for
`
`their explanation of the teachings provided in King that were not present in the prosecution of the
`
`application which became the Brown patent.
`
`Accordingly, the King reference raises a substantial new question of claims 1-10, which
`
`question has not been. decided in a previous examination of the Brown patent nor was there a
`
`final holding of invalidity by the Federal Courts regarding the Brown patent.
`
`Petzold
`
`10)
`
`The Petzold reference describes the graphics application module used to control graphics
`
`or printing in the Windows Operating System.
`
`The request shows that Petzold discloses a motion control componentfor generating the
`
`sequence ofcontrol commands for controlling the selected motion control device based on the
`
`componentfiznctions ofthe application program (DEFS 00042201), the component code
`
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`Applicati0nx’Control Number: 951000396
`Art Unit: 3992
`
`Page 9
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`associated with the componenrfimctions (DEFS 00042I54), and the driver code associated with
`
`the selected software driver (DEFS 00042375).
`
`The Petzold reference was not previously discussed by the examiner nor applied to
`claims 1-10 in the prior‘examination of the patent as discussed above._
`
`It is agreed that the consideration of the Petzold reference raises a SNQ as ‘to claims 1-] 0
`
`- of the Brown patent as pointed out above. There is a substantial likelihood that a reasonable
`
`examiner would consider this teaching important in deciding whether or not these claims are
`
`patentable.
`
`I
`
`For additional reasons why Petzold raises a substantial new question of patentability, see
`
`also pages 294-309 of the request, which is hereby incorporated by reference from the request for
`
`their explanation of the teachings provided in Petzold that were not present in the prosecution of
`
`the application which became the Brown patent.
`
`Accordingly, the Petzold reference raises a substantial new question of claims 1-10,
`
`which question has not been decided in a previous examination of the Brown patent nor was
`
`there a final holding of invalidity by the Federal Courts regarding the Brown patent.
`
`Windows NT Operating System [O51
`
`11)
`
`The Windows -NT references describe device driver purposes, design and debugging for a
`
`) variety of motion control devices such as printers and piotters.
`
`The request shows that Windows NT discloses a motion eontroi component for
`
`generating the sequence ofcontrol commandsfor controlling the selected motion control’ device
`
`based on the component functions of the application program (RGBINSPOOOOOOZI , pages 1-1 3),
`
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`AppIicationx'Control Number: 951000396
`Art Unit: 3992
`
`_
`
`‘ Page 10
`‘
`
`the component code associated with the componentfunctions (RGBINSPOOQOOOZI part I, p. l-
`2), and the driver code associated with the seiectedsofnvare driver (i?.GBINSP0000002l part
`
`111, p. 2-2).
`
`I
`
`I
`
`In addition, the Windows NT references all relate to similar art and it would be obvious
`
`to combine them since they are interoperable together.
`
`The Windows NT references were not previously discussed by the examiner nor applied
`
`to claims 1- 1 0 in the prior examination of the patent as discussed above.
`
`It is agreed that the consideration of the Windows NT references raises a SNQ as to
`
`claims 1-10 of the Brown patent as pointed out above. There is a substantial likelihood that a
`
`reasonable examiner would consider this teaching important in deciding whether or not these
`
`claims are patentable.
`
`For additional reasons why Windows NT raises a substantial new question of
`
`patentability, see also pages 320-356 of the request, which is hereby incorporated by reference
`
`from the request for their explanation of the teachings provided in Windows NT that were not
`
`present in the prosecution of the application which became the Brown patent.
`
`Accordingly, the Windows NT references raise a substantial new question of claims 1-1 0,
`
`which question has not been decided in a previous examination of the Brown patent nor was
`
`there a final holding of invalidity by the Federal Courts regarding the Brown patent.
`
`Discussion of References that Do Not Raise a SNQ
`
`12)
`
`Eleven possible combinations of the 41 references cited in the request have been
`
`proposed as reading on claims 1- l 0 of the Brown patent. Of these eleven possible combinations,
`
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`AppEicationfControl Number: 95f000,396
`Art Unit: 3992
`'
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`_
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`Page 11
`
`examiner notes that the five combinations below do not raise a substantial new question of
`
`' patentability.
`
`MOSAIC
`
`13)
`
`The MQSAIC references describe the development of self-sustaining, open-system
`
`machine tools for manufacturing, including an open aspect that provides a communications
`
`ability, modular configuration, and a universal architecture.
`
`With regard to claims 1-10, the requester states that the combination of 12 M~OSAIC
`
`references arrives at the claimed limitations. Specifically for mapping claim 1, the requester has
`applied a combination ofat least eight ofthe 12 MOSAIC references“ While examiner agrees
`
`that many of the claimed features are at least partially disclosed throughout the references, the
`
`references are from disparate sources.
`
`It is not clear how the piecemeal analysis of the numerous
`
`MOSAIC references could be considered important to patentability.
`
`Thus, there is not a substantial likelihood that a reasonable examiner would have
`
`considered these teachings important in deciding whether or not the instant claims under
`
`reexamination are patentable. Accordingly, the MOSAIC references do not raise a SNQ as to
`
`claims_l-10 ofthe Brown patent.
`
`Silififfi
`
`14)
`
`The SERCOS references describe digital NC drives that perform drive control,
`
`monitoring, and diagnosis of a device such as a rotor.
`
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`Applicationt'Control Number: 951000396
`Art Unit: 3992
`‘
`
`'
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`Page 12
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`With regard to claims 1- l 0, the requester states that the combination of 5 SERCOS
`
`references arrives at the claimed limitations. ‘Specifically for mapping claim 1, the requester has
`
`applied a combination of all 5 of the SERCOS references.
`
`The request shows that SERCOS discloses a motion control’ component for generating
`
`the sequence ofcontrol commandsfor controlling the selected motion control device based on
`
`the componentfunctions ofthe appiicotion program (Digital Interface, DEFS0004l200). the
`
`component code associated with the component functions (Open Drive DEFS 00051136-37).
`
`However, the request does not clearly show, for instance, the driver code associated with the
`
`selected sofiware driver.
`
`In addition, there is no specific reason given to combine these multiple references. The
`
`references are from disparate sources and vary in date by up to five years. It is not clear how an
`
`examiner would avoid using piecemeal analysis to read the SERCOS references upon claims 1-
`
`l0 of the Brown patent.
`
`’ Thus, there is not a substantial likelihood that a reasonable examiner would have
`
`considered these teachings important in deciding whether or not the instant claims under
`
`reexamination are patentablc. Accordingly, the SERCOS references do not raise a SNQ as to
`
`claims l~I0 ofthe Brown patent.
`
`Brtlel & Kjaer
`
`-
`
`15)
`
`The Bruel and Kjaer (B&K) references describe a modular, computer-based system that
`
`includes a plurality of components in communication over a network and controlled by an
`
`integrated operating system.
`
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`Applicationtcontrol Number: 9St'000,396
`Art Unit: 3992
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`-
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`Page 13
`
`With regard to claims 1- 10, the requester states that the combination of 8 B&K references
`
`arrives at the claimed limitations. Specifically for mapping claim I, the requester has applied a
`
`combination of at least 4 of the B&I( references.
`
`The request shows that B&K discloses component code associated with the component
`
`functions (ASTBS page 21), and driver code associated with the selected software driver
`
`(ASTBS page 10).
`
`However, the request does not clearly show, for instance. on motion control componentfor
`
`generating the sequence ofcontrot commands for controlling the selected motion control device
`
`based on the component functions ofthe application program.
`
`In addition, there is no specific reason given to combine the multiple references to
`
`achieve the limitations ofclaims 1-10. The references are from disparate sources only generally
`
`relate. It is not clear how an examiner would avoid using piecemeal analysis to read the B & K
`
`references upon claims 1-10 of the Brown patent.
`
`Thus, there is not a substantial likelihood that a reasonable examiner wouid have
`
`considered these teachings important in deciding whether or not the instant claims under
`
`reexamination are patentable. Accordingly, the B & K references do not raise a SNQ as to
`
`claims 1-10 of the Brown patent.
`
`Cornwall
`
`16)
`
`The Cornwell reference describes factory machines that are monitored and 2’ or controlled
`
`over a network by a management computer including a set of drivers that are used to control the
`
`factory machines by issuing commands to the factory machines through the network.
`
`Page 15 of 26
`Page 15 of 26
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`IPR2017—00048
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`AMS
`AMS
`Exhibit 2002
`RA v AMS
`IPR2017-00048
`
`Exhibit 2002
`
`RA V AMS
`
`

`

`Applicationt'ControI Number: 9St000,396
`Art Unit: 3992
`
`-’
`
`Page 14
`
`The request shows that Cornwell discloses a motion control component for generating
`
`the sequence ofcontrot commandsfor controfling the setected motion controt device based on
`
`the component functions of the appiication program (col. 5 fine 66 through col. 6 line 4).
`
`Although Cornwell does generally teach convening NC control commands to be
`
`translated to specific formats for motion control tools, the request does not clearly show, for
`
`instance, component code associated with the componentfunctions and driver code associated
`
`with the selected software driver.
`
`Thus, there is_ not a substantial likeiihood that a reasonable examiner would have
`
`considered these teachings important in deciding whether or not the instant claims under
`
`_ reexamination are patentable. Accordingly, the Cornwell reference does not raisela SNQ as to
`
`claims 1-10 of the Brown patent.
`
`Norton
`
`16)
`
`The Norton reference describes a device driver as a program modnle that is integrated
`
`within an operating system to provide a standard interface between an application program and
`
`an external device.
`
`The request shows that Norton discloses component code associated with the component
`
`functions {DEFS 0002543 6), and driver code associated with the selected software driver (DEFS
`00025406).
`I
`
`However, the request does not clearly show, for instance, a motion control component for
`
`generating the sequence ofcontrot commands for controtiing the setected motion control device
`
`based on the component functions of the application program.
`
`Page 16 of 26
`Page 16 of 26
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`AMS
`AMS
`Exhibit 2002
`Exhibit 2002
`RA v AMS
`IPR2017-00048
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`IPR2017—00048
`
`RA V AMS
`
`

`

`ApplicationfControl Number: 95!'000,396
`Art Unit:.3992
`
`-
`
`Page 15
`
`The Norton reference describes general application programs, but does not specifically
`teach the details of the claimed motion control program.
`
`Thus, there is not a substantial likelihood that a reasonable examiner would have
`
`considered these teachings important in deciding whether or not the instant claims under
`
`reexamination are patentable. Accordingly, the Norton reference does not raise a SNQ as to
`
`claims 1-10 of the Brown patent.
`
`Page 17 of 26
`Page 17 of 26
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`IPR2017—00048
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`AMS
`AMS
`Exhibit 2002
`RA v AMS
`IPR2017-00048
`
`Exhibit 2002
`
`RA V AMS
`
`

`

`ApplicationJ'Contro| Number: 95;’000,396
`Art Unit: 3992
`
`.
`
`Page 16
`
`Conclusion
`
`1?)
`
`Extensions of time under 37 CFR 1.136(3) will not be permitted in inter partes
`
`reexamination proceedings because the provisions of 37 CFR 1.136 apply only to “an applicant”
`
`and not to the patent owner in a reexamination proceeding. Additionally, 35 U.S.C. 314(c)
`
`requires that inter partes reexamination proceedings “will be conducted with special dispatch"
`
`(3? CFR 1.93 7). Patent owner extensions of time in inter partes reexamination proceedings are
`
`provided for in 3? CFR 1.956. Extensions of time are not available for third party requester
`
`comments, because a comment period of 30 days from service of patent owner’s response is set
`
`by statute. 35 U.S.C. 3 l4(b)(3).
`
`The Patent Owner is reminded of the continuing responsibility under 3? CFR 1.985(a) to
`
`apprise the Office of any litigation activity, or other prior or concurrent proceeding, involving the
`
`US Patent 6,516,236 throughout the course of this reexamination proceeding. The Third Party
`
`Requester is also reminded of the ability to similarly apprise the Office of any such activity or
`
`proceeding through the course of this reexamination proceeding. See MPEP § 2686 and
`
`2686.04.
`
`18)
`
`All correspondence relating to this ex parte reexamination proceeding should be directed
`
`as follows:
`
`By U.S. Postal Service Mail to:
`
`Mail Stop Inter Partes Reexam
`AI 1 N: Central Reexamination Unit
`Commissioner for Patents
`P.O. Box 1450
`
`Alexandria, VA 22313-1450
`
`Page 18 of 26
`Page 18 of 26
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`IPR2017—00048
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`AMS
`AMS
`Exhibit 2002
`RA v AMS
`IPR2017-00048
`
`Exhibit 2002
`
`RA V AMS
`
`

`

`ApplicationJ'Control Number: 95!'000,396
`A11 Unit: 3992
`
`'
`
`Page 17
`
`By FAX to:
`
`(571) 273-9900
`Central Reexamination Unit
`
`By hand to:
`
`Customer Service Window
`
`Randolph Building
`401 Dulany St.
`Alexandria, VA 22314
`
`By EFS-Web:
`
`Registered users of EFS-Web may alternatively submit such correspondence via the
`electronic filing system EFS-Web, at
`
`httpszffs1:§rtal.usgto. govfauthenticatefauthentic ateuserloc alep f.html
`
`EFS-Web offers the benefit of quick submission to the particular area of the Office that
`needs to act on the correspondence. Also, BFS-Web submissions are “soft scanned” (i.e.,
`electronically uploaded) directly into the official file for the reexamination proceeding, which
`offers parties the opportunity to review the content of their submissions after the “sofi scanning"
`process is complete.
`
`19)
`
`Any inquiry concerning this communication or earlier communications from the
`
`I Reexamination Legal Advisor or Examiner, or as to the status of this proceeding, should be
`
`directed to the Central Reexamination Unit at telephone number (5? 1) 272-T705.
`
`{Alexander J Kosowskif
`Primary Examiner, Ar‘! Unit 3992
`
`.
`
`/
`
`fl.P
`E3 K .
`
`Page 19 of 26
`Page 19 of 26
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`IPR2017—00048
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`AMS
`AMS
`Exhibit 2002
`RA v AMS
`IPR2017-00048
`
`Exhibit 2002
`
`RA V AMS
`
`

`

`970.!“-3am3I (03-03)
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`
`Application Number
`
`10021669
`
`'NF°R'“'”'°"°'S°L°9-“RE
`
`Filing Date
`
`5T”E'”"5"*""“""L'°““T in
`
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`Examine one Patent Number
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`
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`of cited Document
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`U.S.PATENTS
`
`'
`
`If you wish to add additional U.S. Patent citation information piease click the Add button.
`U.S.PATENT APPLICATION PUBLICATIONS
`
`Name of Patentee or Applicant
`of cited Document
`
`Pages.CoIurnns_Lines where
`Retevanl Passages or Relevant
`Figures Appear
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`A Imam of cited
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`If you wish to add additional Foreign Patent Document citation iriformation please click the Add button
`HON-P1\TENT LITERATURE DOCUMENTS
`
`EFS Web 2.1.5
`
`Page 20 of 26
`Page 20 of 26
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`AMS
`AMS
`Exhibit 2002
`RA v AMS
`IPR2017-00048
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`Exhibit 2002
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`RA V AMS
`
`IPR2017—00048
`
`

`

`Application Number
`
`
`
`2001-12-10
`
`
`
`
`
`First Named Inventor
`
`Art Unit
`
`
`
`
`
`Int-‘oRM'ATr0N DISCLOSURE
`David W. Brown
`-
`
`STATEMENT BY APPLICANT
`( Not for submission under 37 CFR 1.99]
`
`
`
`Attorney Docket Number
`
`
`
`
`Examine Cite
`
`Include name of the author [in CAPITAL LETTERS), title of the article (when appropriate), title of the item
`(book, magazine. journal. serial. symposium. catalog, etc). date. pages{s). volume-issue nurnberts),
`publisher. city and.-‘or country where pubtished.
`
`SERCOS interface. lnc.. ‘SERCOS Interlacez Digital Interface for Communication between Controls and Drives for
`Numerically Controlled Machines‘. September 1991. pp. DEFS 00041290 — 00041654.
`
`SERCOS interface, lnc.. "Digital Interfa

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