DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 2/11/2026 has been entered.
Responses to Amendments and Arguments
The amendments filed 2/11/2026 have been entered. Claims 1 and 6 are amended and claims 11 and 12 are newly added. Claims 1-12 remain pending in the application.
Applicant's argument and amendments filed 2/11/2026 with respect to
the rejection of claim 1-10 under 35 U.S.C. 101 have been fully considered but are not persuasive.
On pages 11-12 of Applicant’s response, Applicant alleges that claim 1 recites elements demonstrating that the claim as a whole integrates the exception into a practical application. … By correcting the position measurement value of the movable part based on a modeled position, the position measurement values are directly improved and effects of mechanical vibrations on the measuring sensor are reliably corrected … the application or use of this abstract idea meaningfully limits the claim by going beyond generally linking the use of the abstract idea to a particular technological environment and thus transforms the claim into patent eligible subject matter. Therefore, claim 1 is not directed to an abstract idea.
Examiner respectfully disagrees.
The limitation of “wherein the position measurement value of the movable part is corrected based on the modeled position” recited in claims 1 and 6 is a mathematical process based on the mathematical result or value calculated from the previous mathematical processes, where the modeled position is indicative of a mathematical concept/value calculated using a mathematical algorithm. The first and second acceleration sensors and the measuring sensor are additional elements recited at a high-level of generality to collect routine data (i.e., position value, acceleration value) and perform general computer functions of a generic computer component without improvements to the functioning and/or specific structure/configuration of their sensors or to other technology or technical field. (MPEP 2106.05(a)). The features related to “(b) measuring a first acceleration value ~” and “(c) measuring a second acceleration value~” are not meaningful limitations to improvements to the functioning of the sensors, but just a “apply it” element of the sensors to perform insignificant extra-solution activities to collect data which are used to perform mathematical processes/calculations without any specific or tangible feature/operation/act. (See MPEP 2106.05(f) and 2106.05(g)). The feature related to “a measuring sensor of the coordinate measuring machine is moved by a movement of the movable part” is not a meaningful limitation to improvements to the functioning of the measuring sensor, but just a “apply it” element of the sensor and the movable part to perform generic functions/operations of the generic sensor and to thereby perform insignificant pre-solution activity to collect data (i.e., position data) which are used to perform mathematical processes/calculations. Note that the claims do not present tangible or physical elements/components/structures and/or integration of improvements to be indicative of specific features/structure/acts, for example, how and or with what to correct the position measurement value of the movable part based on a modeled position. (See MPEP 2106.04(d)). Further, the claims do not present a technical solution to a technical problem by providing an improvement to the functioning of computer, or to any other technology or technical field related to, for example, correcting the position measurement value of the movable part based on a modeled position and the steps (a) to (i). (See MPEP 2106.04(d)). Therefore, this judicial exception is abstract ideal itself and not integrated into a practical application, and also has no significant more beyond the abstract idea. (See the details in the modified action set forth below). Accordingly, applicant’s arguments and amendments are not persuasive and the rejection is maintained.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
The current 35 USC 101 analysis is based on the current guidance (Federal Register vol. 79, No. 241. pp. 74618-74633). The analysis follows several steps. Step 1 determines whether the claim belongs to a valid statutory class. Step 2A prong 1 identifies whether an abstract idea is claimed. Step 2A prong 2 determines whether any abstract idea is integrated into a practical application. If the abstract idea is integrated into a practical application the claim is patent eligible under 35 USC 101. Last, step 2B determines whether the claims contain something significantly more than the abstract idea. In most cases the existence of a practical application predicates the existence of an additional element that is significantly more.
The 35 USC 101 analysis between each element of claims and its combination is presented in the table below
Claim number and elements
Judicial exception (Step 2A Prong one)
Practical application (Step 2A Prong two)/ Significantly more (Step 2B)
Claim 1
Step 1: Yes, statutory class
Step 2A Prong two: No / Step 2B: No
A method for correcting vibrations of a movable part of a coordinate measuring machine, the method comprising:
Step2A Prong one: Yes
repeatedly determining a position of a movable part of the coordinate measuring machine by,
(a) measuring a position measurement value of the movable part with a position measuring system of the coordinate measuring machine, the position measuring system measuring the position measurement value in relation to a reference location of the coordinate measuring machine that can move when the movable part moves, wherein a measuring sensor of the coordinate measuring machine is moved by a movement of the movable part;
(b) measuring a first acceleration value of an acceleration at a first acceleration measuring location of the coordinate measuring machine with a first acceleration sensor;
(c) measuring a second acceleration value of an acceleration at a second acceleration measuring location of the movable part with a second acceleration sensor, the second acceleration measuring location being arranged closer to the measuring sensor than the first acceleration measuring location or being a location of the measuring sensor, and the first acceleration measuring location being arranged closer to the reference location than the second acceleration measuring location or being the reference location;
“a position measuring system”, “a measuring sensor”, “a coordinate measuring machine”, “a first acceleration sensor”, “a second acceleration sensor” and “a measuring sensor” are high level of generalities merely recited to collect data.
“measuring a position measurement value ~”, “measuring a first acceleration value ~” and “measuring a second acceleration value~” are insignificant extra-solution activities to collect data which are used to perform mathematical processes/calculations.
“a measuring sensor of the coordinate measuring machine is moved by a movement of the movable part” is insignificant pre-solution activity to collect data (i.e., position data) which are used to perform mathematical processes/calculations.
(d) supplying a state value, which describes at least one of a target state and an actual state of the coordinate measuring machine, to a computational model of the coordinate measuring machine;
(e) forming an estimator of a position deviation between the reference location and the second acceleration measuring location with the computational model;
(f) forming and outputting an estimator of an acceleration deviation between the acceleration at the first acceleration measuring location and the acceleration at the second acceleration measuring location with the computational model;
(g) supplying the position deviation to the computational model taking into account the estimator of the position deviation between the reference location and the second acceleration measuring location;
(h) supplying the acceleration deviation to the computational model taking into account the estimator of the acceleration deviation between the acceleration at the first acceleration measuring location and the acceleration at the second acceleration measuring location and taking into account a deviation between the measured first acceleration value and the measured second acceleration value;
abstract idea
mathematical concept
“a computational model” is mathematical calculation and/or mathematical algorithm to execute arithmetic functions related to data processing based on the collected data. (para 0031). “an estimator” is a mathematical concept/value/parameter to present a mathematical value (e.g., position deviation or acceleration deviation).
“supplying a state value ~”, “forming an estimator of a position deviation ~”, “forming and …. an estimator of an acceleration deviation~”, “supplying the position deviation~”, “supplying the acceleration deviation ~ taking into account a deviation~” are math processes. (para 0030-0041, 0050).
“a state value, target value and actual state are indicative of mathematical value such as current or rotation speed of a drive motor (para 0032). “a position deviation”, “acceleration deviation”, and “position deviation” are indicative of mathematical value/amount calculated from measured position and acceleration values. (para 0035, 0037-0039)
“outputting an estimator of an acceleration deviation~” is insignificant extra-solution activity to output the mathematical result calculated by the mathematical process.
(i) determining a modeled position of the movable part from the measured position measurement value in relation to the reference location and in accordance with the estimator of the position deviation between the reference location and the second acceleration measuring location formed by the computational model, and wherein steps (a) to (i) are repeatedly carried out, and wherein the position measurement value of the movable part is corrected based on the modeled position.
abstract idea
mathematical concept
“determining the position of the movable part~” is a math process calculated or inferred from the measured values (i.e., data).
“a modeled position” is a math concept to be indicative of a specific value related to a position of the movable part.
“wherein the position measurement value of the movable part is corrected based on the modeled position” is a math process based on the mathematical result or value calculated from the previous mathematical processes.
1. Claims 1-12 are rejected under 35 U.S.C. 101 because the claimed invention is directed to a judicial exception (i.e., a law of nature, a natural phenomenon, or an abstract idea) without significantly more. Claims 1-12 are directed to an abstract idea. The claim(s) does/do not include additional elements that are sufficient to amount to significantly more than the judicial exception as addressed below and presented in the above table.
Step 2A: Prong One
Regarding Claim 1, the limitations recited in Claim 1, as drafted, are processes that, under its broadest reasonable interpretation, cover performance of the limitation in the mathematical calculations and/or the mind, as presented in the above table. Nothing in the claim elements precludes the step from practically being performed in the mind and/or the mathematical calculations. For example, “(d) supplying a state value, which describes at least one of a target state and an actual state of the coordinate measuring machine, to a computational model of the coordinate measuring machine; (e) forming an estimator of a position deviation between the reference location and the second acceleration measuring location with the computational model; (f) forming and outputting an estimator of an acceleration deviation between the acceleration at the first acceleration measuring location and the acceleration at the second acceleration measuring location with the computational model; (g) supplying the position deviation to the computational model taking into account the estimator of the position deviation between the reference location and the second acceleration measuring location;
(h) supplying the acceleration deviation to the computational model taking into account the estimator of the acceleration deviation between the acceleration at the first acceleration measuring location and the acceleration at the second acceleration measuring location and taking into account a deviation between the measured first acceleration value and the measured second acceleration value” in the context of this claim may encompass mathematical calculations by calculating or inferring the state value (e.g., current or ration speed of a drive motor), the position deviation and acceleration deviation based on the collected mathematical data (i.e., the measured position values, the measured acceleration values) (see paragraphs 0030-0041 and 0050). The computational model is mathematical algorithm to execute arithmetic functions related to data processing based on the collected data (see paragraph 0031). The “estimator” is indicative of a mathematical concept/value/parameter to present a mathematical value (e.g., position deviation or acceleration deviation). The state value, the target value and the actual state are indicative of mathematical values such as current or rotation speed of a drive motor (see paragraph 0032). The position deviation, the acceleration deviation and the position deviation are indicative of a mathematical value/amount calculated from the measured position value and the measured acceleration values (see paragraph 0035, 0037-0039).
For example, “(i) determining a modeled position of the movable part from the measured position measurement value in relation to the reference location and in accordance with the estimator of the position deviation between the reference location and the second acceleration measuring location formed by the computational model, and wherein steps (a) to (i) are repeatedly carried out, and wherein the position measurement value of the movable part is corrected based on the modeled position” in the context of this claim may encompass calculating or inferring the modeled position of the movable part based on the mathematical processes calculated from the measured values (i.e., collected data), where the limitation of “wherein the position measurement value of the movable part is corrected based on the modeled position” is a mathematical process based on the mathematical result or value calculated from the previous mathematical processes of the steps (a) to (i), where the modeled position is indicative of a mathematical concept/value calculated using a mathematical algorithm (see paragraph 0049).
Step 2A: Prong Two
This judicial exception is abstract ideal itself and not integrated into a practical application. In particular, the specification details use of processing circuitry of the sensor to perform mathematical calculations of “(d) supplying a state value, which describes at least one of a target state and an actual state of the coordinate measuring machine, to a computational model of the coordinate measuring machine; (e) forming an estimator of a position deviation between the reference location and the second acceleration measuring location with the computational model; (f) forming and outputting an estimator of an acceleration deviation between the acceleration at the first acceleration measuring location and the acceleration at the second acceleration measuring location with the computational model; (g) supplying the position deviation to the computational model taking into account the estimator of the position deviation between the reference location and the second acceleration measuring location; (h) supplying the acceleration deviation to the computational model taking into account the estimator of the acceleration deviation between the acceleration at the first acceleration measuring location and the acceleration at the second acceleration measuring location and taking into account a deviation between the measured first acceleration value and the measured second acceleration value” and “(i) determining a modeled position of the movable part from the measured position measurement value in relation to the reference location and in accordance with the estimator of the position deviation between the reference location and the second acceleration measuring location formed by the computational model, and wherein steps (a) to (i) are repeatedly carried out, and wherein the position measurement value of the movable part is corrected based on the modeled position”. The additional elements of the position measuring system, the measuring sensor, the coordinate measuring machine, the first acceleration sensor and the second acceleration sensor are high-level of generalities recited to perform a generic computer function of a generic computer component to collect the measured position and acceleration values and calculate the mathematical values or amounts (i.e., “state value”, “position deviation, “acceleration deviation”, and “position deviation”) with which the position of the movable part is calculated or inferred. The limitations of “(a) measuring a position measurement value of the movable part with a position measuring system of the coordinate measuring machine, the position measuring system measuring the position measurement value in relation to a reference location of the coordinate measuring machine that can move when the movable part moves, wherein a measuring sensor of the coordinate measuring machine is moved by a movement of the movable part; (b) measuring a first acceleration value of an acceleration at a first acceleration measuring location of the coordinate measuring machine with a first acceleration sensor; (c) measuring a second acceleration value of an acceleration at a second acceleration measuring location of the movable part with a second acceleration sensor, the second acceleration measuring location being arranged closer to the measuring sensor than the first acceleration measuring location or being a location of the measuring sensor, and the first acceleration measuring location being arranged closer to the reference location than the second acceleration measuring location or being the reference location” are insignificant extra-solution activities necessary to merely gather data (i.e., “a position value of the movable part”, the first and second acceleration values) to be used for performing the abstract idea, as set forth above. See MPEP 2106.05(g). The feature related to “a measuring sensor of the coordinate measuring machine is moved by a movement of the movable part” is not a meaningful limitation to improvements to the functioning of the measuring sensor, but just a “apply it” element of the sensor and the movable part to perform generic functions/operations of the generic sensor and to thereby perform insignificant pre-solution activity to collect data (i.e., position data) which are used to perform mathematical processes/calculations. The limitation of “outputting an estimator of an acceleration deviation between the acceleration at the first acceleration measuring location and the acceleration at the second acceleration measuring location with the computational model” is insignificant extra-solution activity merely recited to perform a generic computer function of a generic computer component to output data (i.e., formed estimator of an acceleration deviation). Claim 1 does not present tangible or physical elements/components/structures and/or integration of improvements to be indicative of specific features/structure/acts, for example, how and or with what to correct the position measurement value of the movable part based on a modeled position. (See MPEP 2106.04(d)). Further, Claim 1 does not present a technical solution to a technical problem by providing an improvement to the functioning of computer, or to any other technology or technical field related to, for example, correcting the position measurement value of the movable part based on a modeled position and the steps (a) to (i). (See MPEP 2106.04(d)). There is no showing of integration into a practical application such as an improvement to the functioning of a computer, or to any other technology or technical field, or use of a particular machine.
Step 2B:
The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception. As discussed above, with respect to integration of the abstract idea into a practical application, using a generic computer component to perform “(a) measuring a position measurement value of the movable part with a position measuring system of the coordinate measuring machine, the position measuring system measuring the position measurement value in relation to a reference location of the coordinate measuring machine that can move when the movable part moves, wherein a measuring sensor of the coordinate measuring machine is moved by a movement of the movable part; (b) measuring a first acceleration value of an acceleration at a first acceleration measuring location of the coordinate measuring machine with a first acceleration sensor; (c) measuring a second acceleration value of an acceleration at a second acceleration measuring location of the movable part with a second acceleration sensor, the second acceleration measuring location being arranged closer to the measuring sensor than the first acceleration measuring location or being a location of the measuring sensor, and the first acceleration measuring location being arranged closer to the reference location than the second acceleration measuring location or being the reference location”, “(d) supplying a state value, which describes at least one of a target state and an actual state of the coordinate measuring machine, to a computational model of the coordinate measuring machine; (e) forming an estimator of a position deviation between the reference location and the second acceleration measuring location with the computational model; (f) forming and outputting an estimator of an acceleration deviation between the acceleration at the first acceleration measuring location and the acceleration at the second acceleration measuring location with the computational model; (g) supplying the position deviation to the computational model taking into account the estimator of the position deviation between the reference location and the second acceleration measuring location; (h) supplying the acceleration deviation to the computational model taking into account the estimator of the acceleration deviation between the acceleration at the first acceleration measuring location and the acceleration at the second acceleration measuring location and taking into account a deviation between the measured first acceleration value and the measured second acceleration value” and “(i) determining a modeled position of the movable part from the measured position measurement value in relation to the reference location and in accordance with the estimator of the position deviation between the reference location and the second acceleration measuring location formed by the computational model, and wherein steps (a) to (i) are repeatedly carried out, and wherein the position measurement value of the movable part is corrected based on the modeled position” amounts to no more than mere instructions to apply the exception using a generic computer component. Mere instructions to apply an exception using a generic computer component cannot provide an inventive concept cannot provide statutory eligibility. Claim 1 is not patent eligible.
Regarding Claims 2-5 and 11, the limitations are further directed to an abstract idea, as described in claim 1. For the reasons described above with respect to Claim 1, the judicial exceptions are not meaningfully integrated into a practical application, or amount to significantly more than the abstract idea.
Regarding Claim 6, it is an independent claim having similar limitations as of claim 1 above. Therefore, it is rejected under the same rationale as of claim 1 above. The additional elements of the position measuring system, the measuring sensor, the coordinate measuring machine, the first acceleration sensor, the second acceleration sensor, and the position determining device are high-level of generalities recited to perform a generic computer function of a generic computer component to collect the measured position and acceleration values and calculate the mathematical values or amounts (i.e., “state value”, “position deviation, “acceleration deviation”, and “position deviation”) with which the position of the movable part is calculated or inferred, as set forth above.
Regarding Claims 7-10 and 12, the limitations are further directed to an abstract idea, as described in claim 6. For the reasons described above with respect to Claims 2-5, the judicial exceptions are not meaningfully integrated into a practical application, or amount to significantly more than the abstract idea.
2. Claims 6-10 and 12 are rejected under 35 U.S.C. 101 because the claims are directed to non-statutory subject matter and do not fall within at least one of the four categories of patent eligible subject matter, where the "arrangement" claims that do not purport to claim a process, machine, manufacture, or composition of matter fail to comply with 35 U.S.C. 101. (MPEP 2173.05(q)).
Citation of Pertinent Art
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
GRUBER et al. (US 20180106586 A1) teaches determining a position of a movable part of a coordinate measuring machine, wherein a measuring sensor of the coordinate measuring machine is moved by way of a movement of the movable part, comprising the following steps: supplying intended values that are produced by a drive controller or a drive regulator of the coordinate measuring machine to a computational model (MOD) of the coordinate measuring machine, wherein the drive controller or drive regulator actuates at least one drive of the coordinate measuring machine in order to move the movable part or in order to move the movable part and at least one further movable part of the coordinate measuring machine and hence move the measuring sensor, and wherein the intended values predetermine an intended state of the at least one drive, measuring position values of the movable part by a position measuring system of the coordinate measuring machine, forming position deviations between the measured position values and position estimates of the computational model (MOD), wherein the position estimates are produced by the computational model (MOD) for a predetermined location at or in the movable part, measuring acceleration values by an acceleration sensor which is arranged at an acceleration measurement location, which is a location at or in the movable part, wherein the acceleration measurement location is at a distance from a position measurement location of the position measuring system in all or most possible movement positions of the movable part and, in all or most possible movement positions of the movable part, lies closer to the predetermined location than the position measurement location of the position measuring system at which the position measuring system measures the position values of the movable part, and forming acceleration deviations between the measured acceleration values and acceleration estimates of the computational model (MOD); wherein the position deviations and the acceleration deviations are supplied to the computational model (MOD) and, taking these into account, the computational model (MOD) outputs updated position estimates and updated acceleration estimates, and wherein the position of the movable part is determined by the updated position estimates.
PUNTIGAM et al. (US 20210010791 A1) teaches the method for determining a relative position of an axis of rotation of a rotary table of a coordinate measuring machine, where the rotary table has or forms a reference element that is arranged eccentrically in relation to the axis of rotation. It also teaches a measuring step including performing a rotary movement of the rotary table, and producing measuring points that encode a position of the reference element by a sensor of the coordinate measuring machine during the rotary movement, and a determining step including determining the relative position of the axis of rotation of the rotary table based on the measuring points.
Conclusion
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/BYUNG RO LEE/Examiner, Art Unit 2858
/LEE E RODAK/Supervisory Patent Examiner, Art Unit 2858