| 摘要: | 本研究依據專利法令、專利侵權判例和專業技術為基礎，提出一種適用於機構專利的系統化創新性迴避設計方法。 首先，定義符合專利法定要件的機件和接頭類型。藉由專利構成要件分解規則和圖理論的概念，將申請專利範圍轉化成專利碼。藉由專利構成要件轉化成機構元件之原則，將申請專利範圍以機構構造簡圖表示。藉由一般化規則將專利的機構構造簡圖轉化成一般化運動鏈。經由處理專利的贅餘構成要件，形成以多循環手段尋找可行方案。每一循環尋找可行方案之作法，係依據一般化運動鏈的連桿和接頭數目，由連桿運動鏈目錄資料庫中檢索，初步發散獲得一般化運動鏈圖譜，再以可行機構的基本規格為判斷指標，初步收斂獲得可被用來作指定化的一般化運動鏈。接著，依據可行機構的基本規格作指定化，細部發散找出所有特定化鏈，並以波利亞定理(Polya,s Theorem)作定量評估。再以可行機構的基本規格為限制條件，刪除不可行特定化鏈，細部收斂獲得所有可行特定化鏈。藉由一般化逆推，將特定化鏈逐一轉化成機構的構造簡圖。藉由專利構成要件分解規則和圖理論的概念，將可行機構逐一轉化成產品鄰接矩陣。比對專利碼和產品鄰接矩陣，進行專利侵權定性和定量評估。 最後，以切屑取樣速停裝置和車刀防斷保護裝置兩個專利為例，進一步說明和驗證本研究提出的方法，結果證明是可行且有效的。 In this thesis, which based on the related patent law, the judgment examples of the patent invasion, and the professional technique, we will use the system analysis to propose an innovative methodology for design around under the constraints of the mechanism type patent. First, the type of the machine members and the joint will be defined according to the patent law. By using the separating rule of the essential element and the concept of the graph theory, we will transfer the extent of the patent to the patent code. According to the concept by transferring the patent essential element to the mechanism element, the extent of the applied patent can be represented by the mechanism structural diagram. According to the generalized rule, the structural diagram of the mechanism patent can be transferred to the generalized kinematical chain. By processing the redundant essential element of the patent, the multiple cycle methods for searching the feasible solution could be formed. For every cycle method in searching the feasible solution, which was based on the number of the link and joint of the generalized kinematical chain, the generalized kinematical graph can be divergently found in the catalogue index of the link kinematical data base. Based on the feasible mechanism of the elementary regulation as the judgment index, the obtaining which was obtained by the convergent process could be used as the specialized and generalized kinematical chain. Based on the feasible mechanism of the elementary regulation which was specialized, the specialized chain could be divergently totally found, and the Polya’s theorem was used as an evaluation method. In terms of the constrained conditions for the feasible mechanism of the elementary regulation, the infeasible specialized chain could be canceled and the all feasible specialized chain could be obtained by the convergent process. Using the opposite way of the generalized rule, the feasible specialized chain could be transferred to the structural diagram of the mechanism. Using the separating rule of the essential element and the concept of the graph theory, the every feasible mechanism could be totally represented by the production junction matrix. After comparing the production junction matrix with the patent code, the quality and quantity of the patent infringement could be easily evaluated. Finally, two patents were used as example; one is the abrupt stopping apparatus using the cutting samples as reference, and the other one is the protective apparatus preventing Lathe tool from breaking. The two examples further explained and proved the feasibility and effect about the method proposed by us in this thesis. |
