*2 WORLEY, Judge, Before RICH, Chief SMITH, ALMOND, Judges, Judge WILLIAM H. KIRKPATRICK* RICH, Judge. appeal
This is from a decision of the Appeals, Patent Office Board adhered reconsideration, affirming to on the re- jection of claims 1-10 of ser- 659,717, May 16, 1957, ial No. filed en- titled “Non-Linear Code Member.” No claim has been allowed.
Claims 1-5 and 7 are directed to a per code disc se and and 8 set encoding analog forth a “method of in- digital utilizing formation into valuеs” the disc. Claims 9 and 10 are directed to combinations of elements of an “ana- log-to-digital encoder” in which the disc is one of the elements.1 * Judge, by directly Senior bers District Eastern District measurable quantities (as Pennsylvania, sitting by designation. voltages, resistances, rotations). understanding help 1. It be of some computer DIGITAL A COMPUTER n: this somewhat obscure invention to have operates expressed with numbers following in mind the from dеfinitions directly digits decimal, binary, in a Collegiate Webster’s Seventh New Dic system. or other tionary : n: a calcu- ANALOGUE COMPUTER lating operates machine that with num- separate re- made four
The examiner rejected
jections: (1) Claims 1-8 2,- unpatentable over Schmidt
907,996 (copending). *3 of October appear issued
This to have would application 512,032, filed serial No. Schmidt,
May 31, 1955, by Vernon E. bar, application and
referred to at in assigned Company,
was H. to D. Baldwin
assignee present application. For recite,
reasons we need not the board prior found Schmidt art ref- be a In thisillustration, lamp produces, along a (2) rejection. erence and reversed this light may radius ofthe a line оf rejected Claims 1-8 were further pass through transparent one or mere areas being “non-statutory printed for matter by disc depicting merely concept and a num- darkareas.On the otherside of the disc system ber to the base 2.” The board lamp fromthe slitbehindwhichare rejection. affirmed (3) this Claims photocells tracks, in line withthe coaxial rejected and 8 were further “as an shown, transparent five оn which the improper method claim” in for the positioned. areasare The disc apparatus. function of the The board is, effect, plurality dividedinto rejection. reversed (4) this Claims pie-shaped equal narrow sectors rejected 10 were as based on new parent numberto the numberof trans- and attempted to be inserted an amend- opaque track, areasin finestdivided ment entry. which was rеfused shown as the outermost track. rejection. board ap- affirmed For each sectorthe combinationof peal propriety raises issue transparent opaque areascontained rejections (2) (4). By reason of unique. Thus, thereinis lamp flashed, angular nature, their art is relied rota-tion here, none is of record other than that the discfroma referencecan be application. admitted in the through photocellsby read out reason responses light their either (nolight). The Invention darkness appears The disc aboveshown a linear the in- to describe We shall undertake appellant speci- statesin his ficationthat patterns it, vention, suffi- we understand use of non-linear code was known, may directly legal ciently issue clear what the to make fromwhich be read binary sponding (2), supra. rejection respect is with out numberscorre- may trigonomeric angle form The “code member” function displacement rotating specification disc and the of a of a shaftfroma may ity being be em- such form it states nominalsuch non-linear- appealed ployed angular encoders a example, limitationof the claims.For Lippel angular type described Bernard the shaft and disc rotation High-Precision point(or mark") entitled “A article from a zero "fiducial Analog-to-Digital Converter,” expressed Proceed- as the sine angle, ings Electronics Confer- the National formof a ence, pp. 206-215, photocells Vol. Feb. as transparentopaque read fromthe segment appellant’s from which article has brief areasin following underlying extracted the to aid illustratiоn slit the timeof explanation: illumination. of illumination. right illustrating improvement Appellant's contains following drawing, Fig. thereon in accordance with the invention: 1 on the left be- Fig. half of a art disc and 2 on *4 Appellant's specificationthus problem Counting fromperiphery, states a encountered the it will be noted using Fig. in the thatin 1 on theleftthereare five Fig. problem 24, 26, 28, art which the invention concentric tracks and 30 рortions opaque is said to sol v e: of which are as indicated heavy patterns the lines.Where there is In thedistribution of code in a logicalmanner, primpractice, lineit is to be assumed the track is as is transparent,e., light provide i. wouldbe transmittedto for non-lineaicodessuch overlying photocell. correspond an along A read-out would to thE sineof through angle, pattern a horizontalrаdius the code will contain in least-significant zero on this discwouldencounter all its track tc digit, dark areasand the numberresult a fiducialmarkor track,32, segmentrepresenting grees(and would be 00000.Thesixth zero de- symmetrical opaqueportion terminatec, theoretically,also diski~ about is). exactly passing the 2700ax- In radius usually through point, line withsuchmarksis founda zero or center segment31, opaque transitionbetwеen section ola concentric of zero shownas sponding positive (+) transparent trackon diskcorre for numbers and for positive sign trig negative (-) onometric function numbers and is portionsponding "sign (not corre knownas the track" be negative sign. representation, "sine") In th code confusedwith and indi- cates whether positive signifi digit number read-out least cant pattern quantumquantum gat one wide wide ne ive. hаlf-quantum in distribution error transition in ideal disk member, patterns upon sign negative code occurs positive to from Figure Consequently, as exactly the disk illustrated center. hereinafter, greater explained detail As will be explained in detail will be hereinafter, deliberately-in- since this as much as will an error sign- error around the quanta produced if troduced exists entire two disk, provision easily pattern one- cаn be made more than transition equipment correcting the read-out quantum its ideal half in error from possible ambigu- also, ambiguity ex- error. Thus the will slight ities due to errors ist. removed, higher disks ac- general This is made more statement curacy, given size, for a are achieved. specific specification: later in the Referring Fig- now to the details type illustrat- Disks my rep- ure the disk of invention is de- Figure service met 1 have еd part resented nec- digits mands wherein the essary remainder, to illustrate the be- disks relatively low. required is symmetry. cause of The disk has or- approaching the accuracies plus segments and minus in a track produced 2“, der of *5 (corresponding 32' elements in the disk in a type apparatus disclosed of Figure Figure of 1 and 2 have corre- 512,- co-pending application No. Serial sponding numbers). base Tracks cor- 31, 1955, of 032, May name in filed responding Figure 1 are illustrated Schmidt, Code Gen- E. entitled Vernon 24', 28', 26' and 30'. These assignee, erator, assigned to the same represent tracks 30', from 24' to re- distance, quantum as that spectively, most-significant Fig- represented in the sector “+1” least-significant digits of the number order becomes of the same ure corresponding to the [sic] accuracy location of the bound- as the position. disk from the zero The fi- seg- ary plus minus between the and ducial mark 31' can be seen as sign If, for ments of the track 32. quanta length, two pri- whereas the boundary example, between or art (in Figure fiducial 1) mark 31 — segments and is dis- the track + quantum is 1 length. slightly, placed oc- so as to downward Appellant’s brief summarizes the inven- cur in line a radial advantage tion and its thus: position slightly “—0” sec- below the tor, Figure 2 number read out would bе of this shows present the correct number but in which “0” invention sign positive. long would read as sector made twice as as nu- be out Therefore, ambiguity it, merical calculations would arise would make is, long in which the same twice as number would be as the art “0” Figure 8). (Tr. read out for both the —1 sector shown in 1 and the +1 result, present sectors of disk. As a the code disc of the may displaced invention be from the position up zеro or nominal to one-half disks, laid out Thus in length of the sector further without logical manner, with each producing change in the electrical quan- one on the disk output. This error is carried about tum, possibility of there resides this disc, every the entire so that each and larger in the vicin- than normal errors output of the disc is low one half high accuracy ity disks. of “0” output count. The electrical gist is contained invеntion The code disc then be made accurate following paragraphs two by simply adding one half count description: output. the numerical my concept out, points invention and basic As the brief also it disputed, lies in deliberate introduction of a the “0” sector the “least 1012
significant” track has the shortest disc outer we would not characterize length length printing structure, that limits indicia or al arc and is “рattern possible because beit the 1 of the disc areas” of claim are resolution necessarily transparent opaque, point sec- not the transition of the innermost and respectively, plus might produced or minus must tor which indicates be accurately aligned printing technique. some sort dark with the center A By light area on a sector. dou- base can an element of the shortest outermоst bling electrically length, structure. Patentability its and then See the “The note entitled compensating for the error thus deliber- Printed Cri Matter: tique George ately introduced, Proposal,” Washing appellant has solved a problem by ton L.Rev. seems to us to be a June 1950. what change claims other than claim 1 structural brings which also the tracks are up transparent opaque made about a new dimensional and areas. relationship hence functional between Opinion segment shortest in the outer track We shall consider first the the transition track, allowing greater in the innermost re jection “non-statutory.” of claims posi- 1-8 latitude in tioning board said of them: the latter. Claims 1 to and 7 set forth a code Illustrative of the disc claims claim disc and claims 8 set forth a
1: ** method of *. code disc type 1. In a code member оf the The statement is in accord with the rec- plurality wherein a series except ord as to and We arranged areas for line readout of agree appellant’s statement that representa- non-linear code numbers These claims are to this directed meth- displacements tive of of said member generating output od of with a code *6 from a nominal a series of disc, such as forth in sеt the subcom- plurality having areas in said at least * * * through bination claims 1 5 by one area which is bisected the line “adding binary and and thereafter a readout at said nominal represent- from the number quantum which extends one distance by give digital ed the other tracks to a in both directions from said nominal representing trigonomeric remaining areas said analog function of the information.” quanta length, series also two sign-deter- and at least two additional Notwithstanding preliminary error mining boundary areas whose occurs appraisal, group claims the entire of position. at said nominal rejection ground, is under on the same non-statutory subject matter, they in that claim, That and the like others directed, words, are not board’s to wise, not, opinion, do in our define physical process “a or novel structure “printed mаtter” in the sense which required under 35 U.S.C. 101.” The stat- that term has heretofore been used to utory language which we are con- with indicate various sorts of indicia whose is, course, “process, machine, cerned of primary purpose conveying manufacture, composition matter, in of or any telligence improvement or new and useful to a What we find reader. Similarly, arrangement paragraph particularly 2. cell. if an have we sighting tele- lines is used for as in a mind reads: scope [sic, reticle], can, course, produce is also Printed reticule matter physical physical optical has been no as in an in- structure. There results legal suggestion any or strument such as an actinometer or a decision commentary arrangement grating diffract or other- where lines produce optical light. рrinted situations effect on in such wise nonpatentable printed a even if it constitutes Another device in which matters arrangement. produces physical mathematical results where printed photo-electric marks actuate a
1013 ** Pope, (6th 1913), the Co. v. 210 to the claims to F. 443 Cir. As thereof arrangement printed ma- terms are where the ter, mat- either the relevant distinguished intelligence Appellant re- as from the or manufacture. chine correctly think, conveyed claims, words, provided, gards as we in rela- these transfer, to tion a or to a to either manufacture new structural directed facility patentable. of a machine. was held a “subcombination” he to be deems within Claims Certainly “printing” in this is no there process in 35 the term as defined U.S.C. sym- or other of words in the form case 100(b), pertinent part of which § intelligеnce convey to to bols intended says, ‘process’ proc- means “The term rulings in the form reader nor * * terms, ess, or method disc is user of the form. The a business en- these claims are to “The method of contemplate it he supposed to coding digital analog information into table, weighing a mathematical would trigonometric values chart, in order derive or the like scale analog function of thе information com- devised, disc some information. The defined, prising” steps certain thereafter part component of a used as made and including use of a kind de- disc utilizing optics electronics machine fined in the disc claims. perform of which we functions rejection fully apprised We basis the record. examiner’s 1-8 claims was that the lines in his Answer think it is error confuse stated non-statutory subject drawing, mat- have are “drawn Sterling, matter,” “printed appearance In re with accordance ter in 494,” 21 CCPA F.2d mechanism of a CD functional elements case considered that mechanisms which in actuate other We use rejection. supports the to see that it or devices intended fail electrical circuits “savings drawing. check” to a We see It involved claims to be illustrated savings containing Sterling applying checks book case or check basis found, first This court at intervals. here. unpatentable all, The board did not mention check, savings prior art. The over the sup Sterling case but cited two others subject fea- claim was the novel Gwinn, port rejection, parte Ex opin- book claims. The ture of the check USPQ (Bd. parte App.) and Ex says: ion *7 USPQ (Bd. App.). Jenny, 130 318 ** * Considering the claim lengthy dealing opinion Gwinn is a with praсtically physical is structure the golf” game patentability “parlor the of a physical same as having the using spots on dice the usual language The structure of Watrous. them, possibly like some with variations upon printed respective the checks Apparently blank faces and colors. the differs, in a stubs but we have held dice, only apparatus involved, the were ar- number of cases that rangement thе mere lacking wholly patentable found to be features, printed on sheet matter game the rules of the paper or sheets does not constitute patentability. to found irrelevant * * * subject-matter. patentable solicitor, remarking that we never arrangement print- case, [cases cited] commented on that from extracts may patenta- ed not principles matter constitute it two therein stated which novelty, approvingly ble it would seem obvious that applied he indicates were language the or of that substance They here the board. are: printed may not so. which is do [Em- (A) sole distinction that where the phasis ours.] set out in claims the over the distinguished, printed matter, as it had court art is be- then there ing prior case, physical the famous no streetcar new struc- feature case, рrinted transfer Cincinnati Traction and no new relation of ticket ture structure, Abrams, application. physical In re He cites matter * * * al- allowed; which was 188 F.2d 38 CCPA not be claims Jenny, su- on in so discussed and relied only where (B) that it rely. pra, does not on which the solicitor of structure features new either define dealing rejection Since we are with the printed matter relations or new non-statutory, the claims are features structure, new or which much find in claims and 8 as since we give new to some rise relations or new other claims to the disc which as in the result or effect function and useful statutory, do not we consider to be we may properly be allowed. that claims single possibly step feel that mental Board) (Emphasis them of addition is sufficient make state- subject these quarrel rejection. with no to this Absent We have summаry the cases step, as a the claims would be non-statu- ments they un- are they but they tory; based not rendered so its were are which respect how one deter- addition. with critical “printed matter” certain mines whether rejected Claims and 10 are consider do not We is also “structure.” ground on the matter. The new controlling in this case to be them rejection predicated presence on the Officе Patent that what reason claims, were added late disc we printed to be deems together prosecution an at Anyway there to be structure. consider tempt specification, add to comparable to the nothing in this case adding potential “means for an electrical printed no in Gwinn involved dice equal poten to one-half of the electrical Jenny involved either. involved rulеs are representing quantum electrically tial intensity changing “field method confronting photocells connected to the high function resolution profiles” into “a (Our other tracks of the code disc.” graph map intensity profile field emphasis. it Claim words somewhat rejection was on sustained paper.” The deny differently.) Appellant does not con- method ground claimed that he fails to disclose means “mental, con- steps sisted says Lippel was either disclosed printed drafting practice, and ventional article or would be obvious to one of steps method The three matter.” ordinary Appellant skill in the art. can “¿hording” to reduce (1) the curve positively claim has what he not dis ¿hord- changes, (2) “splining” gross closed and he has disclosed means. merely averaging out ed curve which rejection. We will affirm this variations, “plotting” (3) rapid The decision of the board is reversed be- representing difference curves as to claims 1-8 and affirmed as to claims original splined and its curve tween 9 and 10. hold- profile. no relevance We see Modified. unpatentability a method of such *8 and the The disc here. to the issue Judge KIRKPATRICK, (dissenting). do not here claimed of its use method agree myself I unable to find any steps apрear mental to us to involve majority. possible exception of final with the “adding change pattern step in the in method claims doubling length binary ‘y2’ art disc consists of from the along edge by tracks” to the of the zero indication the other because, propose important appellant disc. This is does readout. mentally pattern represent is intended to this addition to make angle, plus sign or minus provisiоn in the read- sine of the therefor change point, equipment. at this The solicitor’s of the number will out sign regard step and a mistake as to would lead as a mental we should reading degrees of, say, three in- a disclosure of some in the absence degrees accomplish step ap- stead of of rotation. The this means to actual large errors elect- plicant avoids inability ing ac- to detеct to tolerate zero curately near the rotation a minute lengthening the
point. As a result spac- continuing the same zero mark edge disc as existed around the pat- art, scale or when always read, it will the disc is tern on than it would have lower one-half
read original pattern un- had been read if the I think do not
disturbed. change change pattern in an arti- is a of manufacture.
cle significance fact to the I attach no be read scale or is to
that the photo of the hu- cells instead
a bank of difficulty eye. I distin- man
guishing subject said arrangements
patentable from the ordinary of an bath-
numbers the dial Certainly,
room the method scale. controlling. reading it should CCPA RALSTON PURINA Appellant, COMPANY,
v. Inc., COMPANY, CORDAGE
MIDWEST Appellee. Appeal No. 7720.
Patent of Customs States Court
United Appeals. and Patent
March