Trials@uspto.gov
`571-272-7822
`
`
`
`
`Paper 32
`Entered: June 22, 2016
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`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`
`ZHONGSHAN BROAD-OCEAN MOTOR CO. LTD.,
`Petitioner,
`
`v.
`
`NIDEC MOTOR CORPORATION,
`Patent Owner.
`____________
`
`Case IPR2015-00465
`Patent 8,049,459 B2
`____________
`
`
`
`
`
`
`Before BENJAMIN D. M. WOOD, JAMES A. TARTAL, and
`PATRICK M. BOUCHER, Administrative Patent Judges.
`
`TARTAL, Administrative Patent Judge.
`
`
`
`FINAL WRITTEN DECISION
`35 U.S.C. § 318(A) and 37 C.F.R. § 42.73
`
`
`
`
`
`
`
`571-272-7822
`
`
`
`
`Paper 32
`Entered: June 22, 2016
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`
`ZHONGSHAN BROAD-OCEAN MOTOR CO. LTD.,
`Petitioner,
`
`v.
`
`NIDEC MOTOR CORPORATION,
`Patent Owner.
`____________
`
`Case IPR2015-00465
`Patent 8,049,459 B2
`____________
`
`
`
`
`
`
`Before BENJAMIN D. M. WOOD, JAMES A. TARTAL, and
`PATRICK M. BOUCHER, Administrative Patent Judges.
`
`TARTAL, Administrative Patent Judge.
`
`
`
`FINAL WRITTEN DECISION
`35 U.S.C. § 318(A) and 37 C.F.R. § 42.73
`
`
`
`
`
`
`
`
`IPR2015-00465
`Patent 8,049,459 B2
`
`
`INTRODUCTION
`I.
`Petitioner, Zhongshan Broad-Ocean Motor Co. Ltd., filed a corrected
`Petition requesting an inter partes review of claims 1–7 and 16–18 of U.S.
`Patent No. 8,049,459 B2 (Ex. 1001, “the ’459 patent”). Paper 6 (“Pet.”).
`Patent Owner, Nidec Motor Corporation, filed a Preliminary Response.
`Paper 8 (“Prelim. Resp.”). We instituted an inter partes review of claims 1–
`3, 7, and 18 as anticipated under 35 U.S.C. § 102 by Mullin1 and by Pant.2
`Paper 10 (“Inst. Dec.”).
`After institution of trial, Patent Owner filed a Response (Paper 14,
`“PO Resp.”), to which Petitioner replied (Paper 20, “Pet. Reply”). Patent
`Owner also filed a Motion to Amend (Paper 16, “Mot.”), proposing a
`substitute claim to claim 18. Petitioner, in turn, filed an Opposition to the
`proposed amended claim (Paper 19, “Pet. Opp.”), and Patent Owner
`followed with a Reply (Paper 23, “PO Reply”). The Petition is supported by
`the Declaration of Mr. Joseph C. McAlexander (Ex. 1007) and the Second
`Declaration of Mr. Joseph C. McAlexander (Ex. 1011). The Response is
`supported by the Declaration of Dr. Mark N. Horenstein (Ex. 2001). An oral
`hearing was held on March 22, 2016. Paper 31 (“Tr.”).
`We have jurisdiction under 35 U.S.C. § 6(c). In this Final Written
`Decision, issued pursuant to 35 U.S.C. § 318(a) and 37 C.F.R. § 42.73, we
`determine, based on the record before us, that Petitioner has shown by a
`preponderance of the evidence that claims 1, 3, 7, and 18 are unpatentable.
`
`
`1 U.S. Application No. 2008/0180048 A1 (Ex. 1006, “Mullin”), published
`July 31, 2008 (also referred to as “the ’048 Publication” in the Petition).
`2 U.S. Application No. 2007/0069683 A1 (Ex. 1003, “Pant”), published
`March 29, 2007 (also referred to as “the ’683 Publication” in the Petition).
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`Additionally, Patent Owner concedes that claim 18 is unpatentable. See PO
`Resp. 4 (not disputing claim 18 is anticipated by Mullin); see also Tr.
`17:15–16 (Counsel for Patent Owner states “I believe we have conceded that
`claim 18 is unpatentable without an amendment.”). Petitioner has not shown
`by a preponderance of the evidence that claim 2 is unpatentable. We further
`determine that Patent Owner has not met its burden of showing that the
`proposed substitute claim to claim 18 is patentably distinct over the prior art
`of record, and thus, we deny the Motion to Amend.
`BACKGROUND
`II.
`The ’459 Patent (Ex. 1001)
`A.
`The ’459 patent, titled “Blower Motor for HVAC Systems” issued
`November 1, 2011, from U.S. Application No. 12/206,062, filed September
`8, 2008. Ex. 1001. The ’459 patent describes a “blower motor assembly
`having a variable speed motor that is suitable for direct, drop-in replacement
`in a residential HVAC (heating, ventilation, and air conditioning) system
`that employs a [permanent split capacitor] PSC motor.” Id. at Abstract.
`According to the ’459 patent, “HVAC systems traditionally use fixed speed
`or multiple speed permanent split capacitor (PSC) motors. These motors
`generally have two independent power connections to accommodate heating
`or cooling modes of operation.” Id. at 2:5–9. The ’459 patent explains that,
`when in circulation mode, the blower motor operates continuously, typically
`at the speed used for cooling, which is usually well in excess of the speed
`necessary to achieve air circulation, magnifying blower mode inefficiencies.
`Id. at 1:43–2:3. Due to inefficiencies with PSC motors, “many newer
`HVAC systems use variable speed motors such as brushless permanent
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`magnet (BPM) motors and corresponding electronic variable speed motor
`controllers. The speed of a BPM can be electronically controlled and set
`specifically to match the airflow requirements for each application, thus
`permitting more efficient operation.” Id. at 2:66–3:5. According to the ’459
`patent, replacing an existing PSC motor with a variable speed motor has
`required “costly, time-consuming, and complex changes in the mechanical,
`wiring, or control configuration of the system.” Id. at 3:14–18. With the
`intention of resolving such issues, the ’459 patent describes “a blower motor
`assembly broadly comprising a rectifier, a novel sensing circuit, a variable
`speed motor, and the motor’s associated motor controller and power
`converter.” Id. at 3:58–64. Figure 2 of the ’459 patent is reproduced below.
`
`Figure 2 shows blower motor assembly 10, including rectifier 12, sensing
`circuit 14, variable speed motor 16, and the motor’s associated motor
`controller and power converter 18. Id. at 6:44–49. As explained by
`Mr. McAlexander, “sensing circuit 14 monitors L1C or L1H inputs and
`generates a logic level signal CR1 whenever AC power is detected in either
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`of these inputs.” Ex. 1007 ¶ 14 (citing Ex. 1001, 7:21–23). If sensing
`circuit 14 senses power in L1C, the motor controller 18 causes the motor 16
`to drive the blower fan at a speed selected for the cooling mode of operation
`of the HVAC system. Id. (citing Ex. 1001, 8:9–12). Alternatively, motor
`controller 18 causes motor 16 to drive the blower fan at a speed selected for
`the heating mode of operation of the HVAC system if no power is detected
`on L1C by sensing circuit 14. Id. (citing Ex 1001, 8:12–17).
`The ’459 patent further discloses embodiments with additional power
`input connections and sensor circuits to provide for additional fan blower
`speeds. Figure 6 of the ’459 patent is reproduced below.
`
`Figure 6 shows blower motor assembly 100, including six power
`connections IN1 to IN6, and three sensing circuits 140a, 140b, and 140c that
`provide signaling to motor controller 18. Id. ¶ 15 (citing Ex. 1001, 8:65–
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`9:2). The power inputs IN1 to IN6 may correspond to any set of operating
`parameters for the motor and, based on which of the sensing circuits 140a,
`140b, or 140c transmits a signal, motor controller 18 selects an operating
`speed of motor 16. Id. (citing Ex. 1001, 9:3–11, 35–37).
`B.
`Illustrative Claim
`Claims 1 and 18 of the ’459 patent are independent. Claims 2, 3 and 7
`depend from claim 1. Claim 1 of the ’459 patent is illustrative of the claims
`at issue:
`
`1. A blower motor assembly comprising:
`a variable speed motor and motor controller;
`a power input coupled with the motor controller and
`comprising at least first, second, and third inputs for
`receiving AC power from an AC power source;
`at least two sensing circuits, each of said at least two
`sensing circuits operable for sensing which of at least
`one of the first, second, and third inputs power is
`applied to and for delivering a corresponding signal to
`the motor controller for selecting a corresponding
`operating parameter for the motor;
`wherein a first one of the sensing circuits senses power
`applied to the first and second inputs, a second one of
`the sensing circuits senses power applied to the second
`and third inputs, and wherein the motor controller is
`operable for determining that power is applied to the
`first input when the first sensing circuit senses power.
`Ex. 1001, 17:37–53.
`
`III. ANALYSIS
`Claim Construction
`A.
`Only terms that are in controversy need to be construed, and then only
`to the extent necessary to resolve the controversy. Vivid Techs., Inc. v. Am.
`Sci. & Eng’g, Inc., 200 F.3d 795, 803 (Fed. Cir. 1999).
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`“inputs for receiving AC power from an AC power source”
`1.
`Petitioner contends that “inputs for receiving AC power from an AC
`power source,” as recited in claim 1, means “connections that enable
`alternating current (AC) to be supplied from a power source.” Pet. 6.
`Petitioner notes that the ’459 patent discloses that “[p]ower to the blower
`motor 10 is provided via the same set of power input connections provided
`to the PSC motors M1 … i.e., L1C, L1H, and neutral N.” Id. (quoting
`Ex. 1001, 6:49–52). From this, Petitioner asserts that one input for receiving
`AC power is the neutral line N. Pet. 6.
`In our Institution Decision we agreed with Petitioner’s proposed
`construction over the arguments raised by Patent Owner in its Preliminary
`Response based on the record at that time. The ’459 patent states that the
`blower assembly may be equipped with “several sensing circuits for sensing
`current or voltage in the hot inputs and/or the neutral lines for controlling
`various aspects of the variable speed motor.” Ex. 1001, Abstract. The ’459
`patent further states that “[a] sensing circuit is configured for sensing current
`in one of the neutral inputs and for providing a corresponding signal to the
`motor controller for controlling an operational parameter of the motor such
`as the motor’s rotation direction.” Id. at 4:26–34. The specification thus
`discloses neutral inputs that are used exactly the way the claim recites the
`operability of the sensing circuits, i.e., “for delivering a corresponding signal
`to the motor controller for selecting a corresponding operating parameter for
`the motor.” In its Response, Patent Owner does not dispute that one input
`for receiving AC power is the neutral line. PO Resp. 13, n.3 (stating that,
`for purposes of this proceeding, it accepts our construction of “power input”
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`in the Institution Decision). Based on the record, as fully developed, we
`maintain our determination that “inputs for receiving AC power from an AC
`power source” means “connections that enable alternating current (AC) to be
`supplied from a power source.”
`2.
`Additional Claim Terms
`For purposes of this Decision, no express construction of any
`additional claim term is necessary.
`Asserted Anticipation by Mullin
`B.
`Petitioner contends claims 1–3, 7, and 18 are anticipated by Mullin.
`Pet. 29–38. Mullin discloses:
`A brushless direct current (BLDC) motor having a simulated
`tapped-winding input. The BLDC motor includes a stator/rotor
`assembly having a stator and a rotor. The BLDC motor has a
`common input and a plurality of power inputs. Each power input
`corresponds to an operating parameter. The BLDC motor
`receives an AC voltage across the common input and one of the
`power inputs and operates the stator/rotor assembly according to
`an operating parameter corresponding to the power input
`receiving power.
`Ex. 1006, Abstract.
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`Figure 5 of Mullin is reproduced below.
`
`
`Mullin Figure 5 is a schematic illustration of an input interface 505 for a
`BLDC motor simulating a tapped-winding. Ex. 1006 ¶ 18. “The input
`interface 505 includes three power input lines P1, P2, and P3; a common
`input line COM; diodes D1-D8; resistors R1-R4; and opto-isolators ISO1
`and ISO2.” Id. ¶ 46. “Opto-isolators ISO1 and ISO2 include an optical
`transmitter such as a light-emitting-diodes (LEDs) 660a or 660b.” Id. ¶ 47.
`Petitioner provides a claim chart identifying disclosures in Mullin
`corresponding to each of the limitations of claims 1–3, 7, and 18. Pet. 33–
`38.
`
`Claim 1
`1.
`Claim 1 recites a blower motor assembly comprising, among other
`things, “a variable speed motor and motor controller.” There is no dispute
`that BLDC motor 275 and controller 535 correspond to the recited “variable
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`speed motor and motor controller.” See Pet. 33 (citing Ex. 1006 ¶¶ 26–27).
`There also is no dispute that Mullin’s disclosure of power inputs P2, COM,
`and P3 correspond to the “power input . . . comprising at least first, second
`and third inputs for receiving AC power,” as claimed. Id. (citing Ex. 1006
`¶ 41). Nor is there any dispute that Mullin’s opto-isolators ISO1 and ISO2
`with triggering phototransistors 670a and 670b correspond to the claimed “at
`least two sensing circuits.” Id. at 33–34 (citing Ex. 1006 ¶ 46).
`Claim 1 requires that each sensing circuit is “operable for sensing
`which of at least one of the first, second, and third inputs power is applied to
`and for delivering a corresponding signal to the motor controller for
`selecting a corresponding operating parameter for the motor.” We agree
`with Petitioner, and Patent Owner does not dispute, that Mullin also
`discloses this limitation, as explained by Petitioner:
`“When AC power is applied across the common input COM and
`the second power input P2, the AC signal is also present across
`ISO1,” and during the positive half-cycle of this AC signal, line
`582 is coupled to the controller 535. [Ex. 1006] ¶ [0048]. A
`square-wave signal is thus present on line 582 and at the
`controller 535 in this circumstance. [Id.] at ¶ [0048]. Similarly,
`“[w]hen AC power is applied across the common input COM and
`the third power input P3, the AC signal is also present across
`ISO2,” and during the positive half-cycle of this AC signal, line
`583 is coupled to the controller 535. [Id.] at ¶ [0049]. A square-
`wave signal is therefore present on line 583 and at the controller
`535 in this other circumstance.” [Id.] at ¶ [0049].
`Pet. 32–33. Thus, sensing circuit ISO1 is operable for sensing AC power
`applied to power inputs COM and P2, and delivers a corresponding square-
`wave signal to the controller. Similarly, sensing circuit ISO2 is operable for
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`sensing AC power applied to power inputs COM and P3, and delivers a
`corresponding square-wave signal to the controller.
`The disagreement of the parties focuses on whether Mullin discloses
`“a first one of the sensing circuits senses power applied to the first and
`second inputs, a second one of the sensing circuits senses power applied to
`the second and third inputs, and wherein the motor controller is operable for
`determining that power is applied to the first input when the first sensing
`circuit senses power.” See PO Resp. 21–26. More particularly, the issue is
`whether that limitation requires power to be sensed at the second input.
`Indeed, Patent Owner acknowledges that Mullin’s sensors detect power at
`P2 and P3 (PO Resp. 23) and Petitioner concedes that Mullin does not detect
`power at the second input (COM). Tr. 12:20–13:2.
`We agree with Petitioner that, for Mullin to anticipate claim 1, Mullin
`need not disclose power sensed at COM. See Pet. Reply 19–22. The claim
`language does not require power to be sensed at any specific location, only
`that one sensing circuit senses “power applied to” the first and second
`inputs, and the other senses “power applied to” the second and third inputs.
`Patent Owner does not direct us to any persuasive disclosure in the ’459
`patent to support its contention that claim 1 requires that power be sensed at
`the second input. See PO Resp. 21–26. Similarly, although Dr. Horenstein
`states that “the Mullin circuit is incapable of providing unique information
`that power has been connected to COM,” a point not in dispute,
`Dr. Horenstein provides only conclusory assertions and no persuasive
`explanation for why claim 1 would be understood to require such “unique
`information” for the second input. See Ex. 2001 ¶¶ 56, 63.
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`
`Moreover, in Mullin, when a sensor detects power at either P2 or P3,
`power is necessarily applied to COM (neutral) to complete the circuit, even
`if the sensor does not directly detect power at COM. As Dr. Horenstein
`explained, “at least two inputs from the source of AC power – generally line
`and neutral – would have to be connected in order to complete the circuit
`and enable the flow of power to the motor.” Ex. 2001 ¶ 53.
`Mr. McAlexander similarly explained that by the very nature of alternating
`current, “the flow of electric charge periodically reverses direction.” Ex.
`1011 ¶ 12. Thus, when alternating current is applied to Mullin’s input P2
`and COM it will “be input from the input P2 and return by way of the COM,
`and at other times it will be input from the COM and return by way of the
`input P2.” Id. ¶ 13. The same is true of P3 and COM. See id. As shown by
`Petitioner, Dr. Horenstein
`confirmed during cross-examination that, when AC power, as
`referred to in Mullin, is applied to the power input P2 and
`common input COM as shown above, the opto-isolator ISO1
`senses this power and outputs a corresponding signal, [and] when
`Mullin’s AC power is applied to the power input P3 and common
`input COM as shown above, the opto-isolator ISO2 senses this
`power and outputs a corresponding signal.
`Pet. Reply 22; see also Ex. 1010, 68:24–69:19. Accordingly, the testimony
`of Mr. McAlexander and Dr. Horenstein supports our determination that
`Mullin discloses a first sensing circuits that “senses power applied to the
`first and second inputs” and a second sensing circuit that “senses power
`applied to the second and third inputs,” as well as a motor controller that is
`“operable for determining that power is applied to the first input when the
`first sensing circuit senses power,” as required by claim 1.
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`We have considered each of the arguments raised by Patent Owner,
`and we determine, based on the information presented, that claim 1 of the
`’459 patent is anticipated by Mullin.
`2.
`Claim 2
`Claim 2, which depends from claim 1, further requires that “the motor
`controller is operable for determining that power is applied to the second
`input when both the first sensing circuit and the second sensing circuit sense
`power.” Petitioner contends in its claim chart, with no additional
`explanation, that Mullin discloses this limitation because:
`“When power is applied between the common input COM and
`the second power input P2, the input interface 505 provides a
`signal on line 582 and no signal on line 583 and the controller
`operates the motor based on a second operating parameter (e.g.,
`1000 RPM). And when power is applied between the common
`input COM and the third power input P3, the input interface 505
`provides a signal on line 583 and no signal on line 582 and the
`controller operates the motor based on a third operating
`parameter (e.g., 850 RPM).”
`Pet. 35 (quoting Ex. 1006 ¶ 45) (emphasis omitted). Petitioner’s argument is
`premised on the contention that the claim language “when both the first
`sensing circuit and the second sensing circuit sense power” means “when the
`first sensing circuit or when the second sensing circuit sense power.”
`Petitioner, however, does not explain why this interpretation of the claim
`language comports with the broadest reasonable interpretation of the claim,
`particularly since the ’459 patent is directed to sensing circuits that deliver
`signals to a motor controller to control the speed of the variable speed motor.
`Petitioner’s interpretation results in sending the same signal if either of the
`two sensing circuits senses power. Indeed, neither party directs us to
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`anything in the specification of the ’459 patent to illuminate how claim 2
`should be construed.
`
`Patent Owner argues that “Mullin never discloses that power will be
`applied simultaneously to P2 and P3,” or “that both sensors will sense power
`simultaneously.” PO Resp. 27–28. Thus, Patent Owner’s argument is
`premised on the contention that the claim language “when both” requires
`sensing power at the first sensing circuit and the second sensing circuit at the
`same time, but Patent Owner provides little explanation why its
`interpretation of the claim language is the broadest reasonable interpretation.
`Petitioner argues in reply that “claim 2 includes no requirement that
`the ‘first sensing circuit’ and the ‘second sensing circuit’ sense power
`simultaneously,” and further argues “[n]or does Patent Owner present any
`argument with reference to, e.g., the 459 Patent specification or prosecution
`history as to why this additional limitation should be read into this claim.”
`Pet. Reply 23. Petitioner’s reply, however, fails to recognize that Petitioner
`bears the burden of demonstrating that Mullin anticipates the claim,
`including providing sufficient evidence and argument in support of its
`proposed claim interpretation. The Petition fails to provide a sufficient
`explanation to support that “when both” should be construed in the manner
`asserted by Petitioner, particularly when the more natural reading of the
`claim language conveys that two sensing circuits sense power at the same
`time. Although Petitioner provided a second declaration from
`Mr. McAlexander in reply to Patent Owner’s response, neither that
`declaration nor Mr. McAlexander’s first declaration provides sufficient
`support for how claim 2 would have been understood by a person of
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`ordinary skill to show that it is anticipated by Mullin. See Exs. 1007 and
`1011. Because Petitioner failed to persuasively prove that claim 2 requires
`only that one of two sensors senses power for the motor controller to
`determine that power is applied to the second input, Petitioner has not shown
`by a preponderance of the evidence that claim 2 of the ’459 patent is
`anticipated by Mullin.
`3.
`Claims 3 and 7
`Claim 3, which depends from claim 1, further requires “the motor
`controller is operable for determining that power is applied to the third input
`when the second sensing circuit senses power.” Claim 7, which also
`depends from claim 1, requires that “the operating parameter is a speed of
`the motor.” Petitioner has shown how the additional features of claims 3
`and 7 are disclosed by Mullin (Pet. 33–36), and Patent Owner does not assert
`any additional arguments in opposition to Petitioner’s contentions with
`respect to claims 3 and 7 beyond those Patent Owner asserted with respect to
`claim 1. Accordingly, Petitioner has shown by a preponderance of the
`evidence that, as demonstrated in the Petition, claims 3 and 7 of the ’459
`patent are anticipated by Mullin.
`4.
`Claim 18
`As noted above, Patent Owner concedes that claim 18 is unpatentable.
`See PO Resp. 4 (not disputing claim 18 is anticipated by Mullin); see also
`Tr. 17:15–16. Additionally, Petitioner has shown by a preponderance of the
`evidence that, as demonstrated in the Petition, claim 18 of the ’459 patent is
`anticipated by Mullin. Pet. 36–38.
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`Asserted Anticipation by Pant
`C.
`Petitioner contends claims 1–3, 7, and 18 are anticipated by Pant.
`Pet. 13–24. Pant discloses:
`A method of and apparatus for controlling an electric machine.
`The method can include using a controller to detect whether
`power is present at a first node of the controller, detect whether
`power is present at a second node of the controller, generate at
`least one signal based at least in part on the detection, and
`energize the electric machine using a detected power when the at
`least one signal indicates power is present at at least one of the
`first node, the second node, and a combination of the first node
`and the second node.
`Ex. 1003, Abstract.
`Figure 3 of Pant is reproduced below.
`
`Pant Figure 3 illustrates HVAC system 210, including electric machine 218
`connected to controller 222. Ex. 1003 ¶ 34. Pant states that “[t]he
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`illustrated electric machine 218 comprises an induction motor such as a
`single-speed, single-phase (SSSP) permanent split capacitance (PSC) motor
`or a multiple-tapped, single-phase (MTSP) PSC motor,” and that “[i]n other
`constructions, the electric machine 218 can comprise other types of electric
`motors,” including “brushless permanent magnet motors.” Id. Controller
`222 includes first power connection 226, second power connection 231, and
`third power connection 234.
`
`Figure 4 of Pant is reproduced below.
`
`
`Pant Figure 4 illustrates a solid-state detection circuit 250a, including
`connection 270 corresponding to the high-speed power (HSP) input,
`connection 274 corresponding to the common power (CP) input, and
`connection 278 corresponding to the low-speed power (LSP) input. Ex.
`1003 ¶ 42. As explained by Petitioner, “when voltage greater than a
`threshold level is detected across the first and second connections 270 and
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`274, a portion of a first electrical isolation device 290 receives a signal that
`is output as a detection signal DS1 on the fourth connection 282.” Pet. 16
`(citing Ex. 1003 ¶ 42). Similarly, “when voltage greater than a threshold
`level is detected across the second and third connections 274 and 278, a
`portion of a second electrical isolation device 294 receives a signal that is
`output as a detection signal DS2 on the fourth connection 286.” Id. (citing
`Ex. 1003 ¶ 43).
`The detection signal DS that includes the first and second
`detection signals DS1 and DS2 can be in the following states: (i)
`a first state when power is not detected at the first and third
`connections 270 and 278; (ii) a second state when power is
`detected only at the first connection 270; (iii) a third state when
`power is detected only at the third connection 278; and (iv) a
`fourth state when power is detected at both the first and third
`connections 270 and 278.
`Id. (citing Ex. 1003 ¶ 44).
`Control circuit 254 of controller 222 selects a control mode based, at
`least in part, on the detection signal DS it receives. “[C]ontrol circuit 254
`can include a plurality of control modes including an OFF control mode, a
`first operational control mode, second operational control mode, and a third
`operational control mode,” corresponding to the first, second, third, and
`fourth states of the signal DS. Ex. 1003 ¶ 54. Control circuit 254 transmits
`a switch control signal SCS to switch 258 by which electric machine 218 is
`energized to operate at a high-speed power HSP, a low-speed power LSP,
`and the like. Pet. 17 (citing Ex. 1003 ¶ 55).
`Petitioner provides a claim chart identifying disclosures in Pant
`allegedly corresponding to each of the limitations of claims 1–3, 7, and 18.
`Pet. 17–24.
`
`18
`
`
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`IPR2015-00465
`Patent 8,049,459 B2
`
`
`Claim 1
`1.
`There is no dispute that the “brushless permanent magnet motor”
`(“BPM motor”) disclosed by Pant is a variable speed motor, as required by
`claim 1. Patent Owner also recognizes that Pant discloses that a BPM motor
`may be substituted for a PSC motor. PO Resp. 11. Patent Owner, however,
`argues that Pant fails to disclose the claim elements as arranged in the claim
`because it refers to the BPM motor as an alternative construction, and
`“provides no details as to how one would actually incorporate a variable
`speed motor, such as a BPM, into the disclosed HVAC system so as to take
`advantage of its variable-speed capability.” Id. Patent Owner’s argument is
`not persuasive because Pant discloses the use of a variable speed motor in
`the same system in which it describes the use of a PSC motor, and need not
`explicitly describe a system that takes advantage of all of the benefits of a
`variable speed motor to anticipate claim 1.
`Patent Owner further argues that the “variable speed motor and motor
`controller” recited by claim 1 requires not only a “variable speed motor,” but
`also a “variable speed motor controller.” PO Resp. 10. Patent Owner
`further contends that “[a] variable speed motor controller is an electronic
`controller capable of producing control signals to operate a ‘variable speed
`motor’ in a wide range of speeds,” and that Pant does not disclose “a
`variable-frequency controller” to drive a BPM. Id. at 10, 12. The ’459
`patent explains that “many newer HVAC systems use variable speed motors
`such as brushless permanent magnet (BPM) motors and corresponding
`electronic variable speed motor controllers.” Ex. 1001, 2:67–3:3. Claim 1,
`however, does not require the “electronic variable speed motor controller”
`
`19
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`IPR2015-00465
`Patent 8,049,459 B2
`
`described in the specification in association with “newer HVAC systems,”
`but instead only recites a “motor controller.” Further, Patent Owner
`identifies insufficient support from the specification of the ’459 patent for its
`contention that claim 1 should be read to require a “variable speed motor
`controller,” much less any express description of what such a “variable
`speed motor controller” would necessarily include. To suggest that a
`variable speed motor controller must operate a variable speed motor in “a
`wide range of speeds,” is, at best, ambiguous. Moreover, although a drop-in
`replacement blower motor assembly may desirably operate at a wide range
`of speeds for purposes of producing a drop-in replacement for a multitude of
`systems, in any single system application the assembly need only operate at
`a limited number of speeds to function, and that is all that claim 1 requires.
`As explained during the oral hearing:
`JUDGE TARTAL: Can I just ask counsel, in the same vein
`of claim 1, do any of the additional limitations correspond to,
`what I think you described as a wide range of speeds?
`So, in other words, if it is only utilizing two sensing
`circuits and identifying two or three operating situations, how is
`that encompassed by a wide range of speeds that a variable motor
`would correspond to?
`MR. BROWN: It is not encompassed by that particular
`language, Your Honor. It is the concept that the system is going
`to be dropped into different systems.
`So for any one system, there is going to be three, five, six
`speeds that it needs to operate at. But because it can chameleon-
`like be substituted in the different systems, it will have different
`variable speeds depending on which system it is put into, but
`there is not, within the body of claim 1, there is not a direct
`further reference to the variable range of speeds.
`Tr. 23:13–24:4. To be clear, common sense dictates that the motor
`controller of claim 1 must be capable of controlling the variable speed motor
`20
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`IPR2015-00465
`Patent 8,049,459 B2
`
`also recited in claim 1. Thus, so long as the controller is “capable of
`producing signals to operate a ‘variable speed motor,’” it satisfies the
`requirement of claim 1 for a “motor controller.” Dr. Horenstein makes
`passing reference to Pant’s lack of a “variable frequency controller,” but
`claim 1 does not recite such a controller, and Dr. Horenstein provides no
`persuasive explanation for why the claim should be construed to require
`such a controller. Dr. Horenstein also recognizes that the motor controller of
`Pant is capable of operating the BPM motor disclosed by Pant. Ex. 2001
`¶¶ 29–31. That is all that claim 1 requires of a motor controller.
`There is no dispute that Pant discloses three power connections 226,
`231, and 234 corresponding to the “power input . . . comprising at least first,
`second and third inputs for receiving AC power,” as claimed. Pet. 18 (citing
`Ex. 1003 ¶ 35). Nor is there any dispute that Pant’s first electrical isolation
`device 290 and second electrical isolation device 294 correspond to the
`claimed “at least two sensing circuits.” Id. at 18–19 (citing Ex. 1003 ¶¶ 42–
`43); see also PO Resp. 14.
`As discussed above, claim 1 also requires that each sensing circuit is
`“operable for sensing which of at least one of the first, second, and third
`inputs power is applied to and for delivering a corresponding signal to the
`motor controller for selecting a corresponding operating parameter for the
`motor.” We agree with Petitioner, and Patent Owner does not dispute, that
`Pant discloses this limitation, as described above in reference to Pant Figure
`4. See Pet. 18–19.
`As with the ground based on Mullin, the disagreement of the parties
`again focuses on whether the asserted anticipatory reference discloses “a
`
`21
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`IPR2015-00465
`Patent 8,04
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