Ex parte SALCUDEAN et al.

Board of Patent Appeals and Interferences

Nov 21, 1997

07965427 (B.P.A.I. Nov. 21, 1997)

Application for patent filed October 23, 1992.1
1
THIS OPINION WAS NOT WRITTEN FOR PUBLICATION
The opinion in support of the decision being entered today
(1) was not written for publication in a law journal and
(2) is not binding precedent of the Board.
Paper No. 15
UNITED STATES PATENT AND TRADEMARK OFFICE
__________
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
__________
Ex parte SEPTIMIU E. SALCUDEAN and ALLAN J. KELLEY
__________
Appeal No. 95-1357
Application 07/965,4271
__________
ON BRIEF
__________
Before HAIRSTON, BARRETT, and FLEMING, Administrative Patent
Judges.
FLEMING, Administrative Patent Judge.
DECISION ON APPEAL
This is a decision on appeal from the final rejection of
claims 1 through 15. Claims 16 through 18 are objected to for
Appeal No. 95-1357
Application 07/965,427
2
the reason that they depend from a rejected claim.
The invention relates to an electromagnetic system for the
application of force feedback to a moveable platform of a
controller. Appellants disclose on pages 4 through 7 of the
specification that Figure 1 illustrates the main component of the
controller of their invention. In particular, Figure 1 shows a
controller 10 comprising a base 12, a platform 14 and a gantry 16
for mounting the platform 14 for a range of movement in a plane
in each of two different directions. Appellants also disclose
two force applying actuators 70 and 72. The force applying
actuators include stationary permanent magnets 74 mounted on the
base 12 and stationary permanent magnets 76 mounted on cover 13.
Appellants disclose that each actuator includes a coil 90 mounted
on the platform 14 in a position to cooperate with the magnets 74
and 76.
The only independent claim 1 is reproduced as follows:
1. A controller comprising:
a base,
a platform,
means for mounting said platform for a range of
movement in a plane in each of two different
directions,
Appeal No. 95-1357
Application 07/965,427
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a first magnetic force applying means including a
first magnet means mounted on said base and a first
cooperating magnetic force generating means mounted on
and moveable with said platform in position to interact
with said first magnet means,
a second magnetic force applying means including a
second magnet means mounted on said base and a second
cooperating magnetic force generating means mounted on
and moveable with said platform in a position to
interact with said second magnet means,
said first and said second magnet means being fixed
relative to each other on said base and
said first and second cooperating magnet force
generating means being fixed relative to each other on
said platform,
said first force applying means being positioned and
constructed to controllably apply selected forces to
said platform in one of said two different directions
and
said second force applying means being constructed and
positioned to controllably apply selected forces to
said platform in the other of said two different
directions and
control means to selectively control said first and
said second force applying means to generate said
selected forces.
The Examiner relies on the following references:
Clark 4,692,756 Sep. 8, 1987
Cadoz et al. (Cadoz) 5,107,262 Apr. 21, 1992
Claims 1 through 15 stand rejected under 35 U.S.C. § 103 as
Appeal No. 95-1357
Application 07/965,427
Appellants filed an appeal brief on February 22, 1994. We2
will refer to this appeal brief as simply the brief. Appellants
filed a reply appeal brief on June 15, 1994. We will refer to
this reply appeal brief as the reply brief. The Examiner
responded to the reply brief with a Supplemental answer, thereby
entering and considering the reply brief.
The Examiner responded to the brief with an Examiner's3
answer, dated May 18, 1994. We will refer to the Examiner's
answer as simply the answer. The Examiner responded to the reply
brief with a supplemental Examiner's answer, dated September 7,
1996. We will refer to the Supplemental Examiner's answer as
simply the supplemental answer.
4
being unpatentable over Clark and Cadoz.

Rather than reiterate the arguments of Appellants and the
Examiner, reference is made to the briefs and answers for the 2 3
respective details thereof.
OPINION
We will not sustain the rejection of claims 1 through 15
under 35 U.S.C. § 103.
Appeal No. 95-1357
Application 07/965,427
5
The Examiner has failed to set forth a prima facie case.
It is the burden of the Examiner to establish why one having
ordinary skill in the art would have been led to the claimed
invention by the express teachings or suggestions found in the
prior art, or by implications contained in such teachings or
suggestions. In re Sernaker, 702 F.2d 989, 995, 217 USPQ 1, 6
(Fed. Cir. 1983). "Additionally, when determining obviousness,
the claimed invention should be considered as a whole; there is
no legally recognizable 'heart' of the invention." Para-Ordnance
Mfg. v. SGS Importers Int’l, Inc., 73 F.3d 1085, 1087, 37 USPQ2d
1237, 1239 (Fed. Cir. 1995), cert. denied, 117 S.Ct. 80 (1996)
citing W. L. Gore & Assocs., Inc. v. Garlock, Inc., 721 F.2d
1540, 1548, 220 USPQ 303, 309 (Fed. Cir. 1983), cert. denied, 469
U.S. 851 (1984).
Appellants argue on pages 5 through 8 of the brief that
Clark and Cadoz, together or individually, fail to teach or
suggest a first and second magnetic force applying means
comprising coils fixed in spaced relationship to the platform and
a pair of magnets fixed to the base in a relationship so that the
first and second magnetic force applying means apply selected
Appeal No. 95-1357
Application 07/965,427
6
forces to move the platform in one of two different directions.
Appellants further emphasize in the reply brief that neither
reference teaches the specific structure claimed of mounting two
magnets in fixed relationship to a base and two coils in fixed
relationship on a platform.
We note that Appellants’ claim 1 recites the following:
said first and said second magnet means being fixed
relative to each other on said base and said first and
said second cooperating magnet force generating means
being fixed relative to each other on said platform,
said first force applying means being positioned and
constructed to controllably apply selected forces to
said platform in one of said two different directions
and said second force applying means being constructed
and positioned to controllably apply selected forces to
said platform in the other of said two different
directions and control means to selectively control
said first and said second force applying means to
generate said selected forces.
Upon a careful review of Clark and Cadoz, we fail to find
that the references teach a controller having the above
limitations as recited in Appellants’ claim 1.
Furthermore, we fail to find any suggestion of modifying
Clark with the Cadoz magnetic force applying means to provide a
controller as recited in Appellants’ claim 1. The Federal
Circuit states that "[t]he mere fact that the prior art may be
Appeal No. 95-1357
Application 07/965,427
7
modified in the manner suggested by the Examiner does not make
the modification obvious unless the prior art suggested the
desirability of the modification." In re Fritch, 972 F.2d 1260,
1266 n.14, 23 USPQ2d 1780, 1783-84 n.14 (Fed. Cir. 1992), citing
In re Gordon, 733 F.2d 900, 902, 221 USPQ 1125, 1127 (Fed. Cir.
1984). "Obviousness may not be established using hindsight or in
view of the teachings or suggestions of the inventor." Para-
Ordnance Mfg., 73 F.3d at 1087, 37 USPQ2d at 1239, citing W. L.
Gore, 721 F.2d at 1551, 1553, 220 USPQ at 311, 312-13.
We have not sustained the rejection of claims 1 through 15
under 35 U.S.C. § 103. Accordingly, the Examiner's decision is
reversed.
REVERSED
KENNETH W. HAIRSTON )
Administrative Patent Judge )
)
)
Appeal No. 95-1357
Application 07/965,427
8
) BOARD OF PATENT
LEE E. BARRETT ) APPEALS AND
Administrative Patent Judge ) INTERFERENCES
)
)
)
MICHAEL R. FLEMING )
Administrative Patent Judge )
Appeal No. 95-1357
Application 07/965,427
9
Cecil A. Rowley
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