Prosecution Insights
Last updated: July 17, 2026
Application No. 18/044,822

FAILURE DETERMINATION DEVICE, DRIVE CONTROL DEVICE, AND FAILURE DETERMINATION METHOD

Final Rejection §103
Filed
Mar 10, 2023
Priority
Oct 30, 2020 — nonprovisional of PCTJP2020040760
Examiner
BRADY III, PATRICK MICHAEL
Art Unit
3665
Tech Center
3600 — Transportation & Electronic Commerce
Assignee
Mitsubishi Electric Corporation
OA Round
4 (Final)
56%
Grant Probability
Moderate
5-6
OA Rounds
0m
Est. Remaining
96%
With Interview

Examiner Intelligence

Grants 56% of resolved cases
56%
Career Allowance Rate
72 granted / 129 resolved
+3.8% vs TC avg
Strong +41% interview lift
Without
With
+40.7%
Interview Lift
resolved cases with interview
Typical timeline
3y 0m
Avg Prosecution
25 currently pending
Career history
161
Total Applications
across all art units

Statute-Specific Performance

§101
0.2%
-39.8% vs TC avg
§103
95.4%
+55.4% vs TC avg
§102
0.5%
-39.5% vs TC avg
§112
1.0%
-39.0% vs TC avg
Black line = Tech Center average estimate • Based on career data from 129 resolved cases

Office Action

§103
DETAILED ACTION This final action is in response to the reply, filled 25 March 2026, which was in response to the non-final action, dated 30 December 2025. 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 . Response to Arguments Claims 1-4, 18-20, 22-34 are pending. Claim 34 has been newly added. With regard to the 35 U.S.C. 103 rejection of claims 1, 18, 19, 22-24, 29-30 and 32 (pgs. 3-21, Action), applicant’s contentions have been considered but are not persuasive for the following reasons. First, applicant repeats the contentions of the reply to the non-final, dated 9-19-25, (Pg. 14 and 15, This Reply) that Kisho detects the presence of a failure in a peripheral member and that Kisho does not disclose the shaft, magnetic pole or coil recited in the independent claims. It should be noted that it was Mikawa that was cited for the disclosure of the shaft, magnetic pole and coil (pgs. 6-7, Action, (2), (3) and (4)). Further the claim does not recite any limitations that specifically address whether the failure is detected directly or indirectly. Second, Applicant cites, In re Wesslau, to criticize the mapping of Chi and Mikawa (pgs. 15-16, Reply). Applicant merely cites the holding without explaining how it applies to the combination of references or the motivation to combine the references. Further examiner notes that Wesslau is not addressed in the MPEP, and that the patented subject matter of Wesslau relates to polymerizing ethylene which is not analogous to failure determination of machinery. Still further applicant does not contend, as the applicant in Wesslau did, that none of the references either singly or in combination teach the limitations taught in the respective references cited. Accordingly, the grounds of rejection under 35 U.S.C. 103: claims 1, 18, 19, 22-24, 29, 30 and 32 in view of Jung, Chi, Kishino and Mikawa; claims 2, 3 and 20 in view of Jung, Chi, Kishino, Mizuo, and Mikawa; claim 4 in view of Jung, Chi, Kishino, Mizuo, Kato and Mikawa; claims 25-28 in view of Jung, Chi, Kishino, Yamamoto and Mikawa; and claims 31 and 33 in view of Jung, Chi, Kishino, Kato II and Mikawa, are maintained. Newly added claim 34 necessitated additional searching and consideration of new grounds of rejection. Accordingly, the new ground of rejection of claim 34 is under 35 U.S.C. 103 in view of Jung, Chi, Kishino, Mikawa and Ohno, as discussed below. Claim Rejections - 35 USC § 103 In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status. The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action. The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows: 1. Determining the scope and contents of the prior art. 2. Ascertaining the differences between the prior art and the claims at issue. 3. Resolving the level of ordinary skill in the pertinent art. 4. Considering objective evidence present in the application indicating obviousness or non-obviousness. Claims 1, 18, 19, 22-24, 29-30 and 32 are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent Publication Number 2019/0120290 to Jung et al. (hereafter Jung) in view of U.S. Patent Publication Number 2017/0310250 to Chi, U.S. Patent Publication Number 2018/0051645 to Mikawa and U.S. Patent Publication Number 2010/0064814 to Kishino et al. (hereafter Kishino). As per claim 1, Jung discloses [a] failure determination device to determine whether any failure occurs in a rotating body including a shaft rotatable by received power and a support mechanism for supporting the shaft rotatably, the failure determination device (see at least Jung, Abstract; Fig. 1, showing bearings 212 <interpreted as a support mechanism for supporting the shaft>; [0047] disclosing a high speed rotating motor 100 may include a housing 110, a stator 130, and a rotation shaft 150. The high speed rotating motor 100 may be an apparatus that generates a driving force by rotating the rotation shaft 150 at a high speed) comprising: ... (1) ... , ... (2) ... , ... (3) ... , ... (4) ... , ... (5) ... ; frequency calculating circuitry to calculate the frequency of the sensor signal output from the rate generator (see at least Jung, [0021] disclosing that a method for controlling a magnetic bearing includes detecting, by a displacement sensor, a frequency of a signal representing a position of a rotation shaft; determining a displacement of the rotation shaft based on the position of the rotation shaft; based on the frequency detected by the displacement sensor, determining whether the displacement sensor is in a normal operation state or in a failure state; determining, by a current sensor, a current supplied to an output element of the magnetic bearing; and controlling the current supplied to the output element of the magnetic bearing based on the displacement of the rotation shaft); and determining circuitry to determine whether any failure occurs in the rotating body from the frequency calculated by the frequency calculating circuitry (see at least Jung, [0021]; [0086] disclosing that a controller 220 <interpreted as the determining circuitry> may determine it as a normal operation when the frequency of the rotation shaft 150 measured in the displacement sensor 230 is 60 kHz to 180 kHz. When the frequency of the rotation shaft 150 is less than 60 kHz or exceeds 180 kHz, it can determine the displacement sensor 230 as a failure state ; [0119]), wherein the determining circuitry determines whether the frequency calculated by the frequency calculating circuitry is within a target frequency range (see at least Jung, [0122] disclosing that when the detection frequency is less than 60 kHz, it can determine that the rotation shaft 150 is out of a lower limit value of a set maximum control range. With regard to this state, the first failure determination step may determine it as a failure of the displacement sensor 230 and replace the displacement sensor 230 after confirming a failure position of the displacement sensor 230 (see S213 and S215; [0124] disclosing that when the detection frequency is higher than 180 kHz, it can determine that the rotation shaft 150 is out of an upper limit value of a set maximum control range. With regard to this state, the first failure determination step may determine it as a failure of the displacement sensor 230, and replace the displacement sensor 230 after confirming a failure position of the displacement sensor 230 (see S213 and S217)), ... (6) ... . But Jung does not explicitly teach the following limitation taught in Chi: (1) a rate generator (see at least Chi, [0013] disclosing that each of output signals of the sinusoidal wave encoder 100 <interpreted as the rate generator> has a constant magnitude and a frequency that is varied according to a rotational speed of the electric motor) ... , and (5) the rate generator to output a sensor signal of which a frequency varies depending on a rotational speed of the shaft (see at least Chi, [0013] disclosing that each of output signals of the sinusoidal wave encoder 100 <interpreted as the rate generator> has a constant magnitude and a frequency that is varied according to a rotational speed of the electric motor. The amplification unit 210 serves to insulate the output signals of the sinusoidal wave encoder 100 and perform a level adjustment of the output signals, and differentially amplifies the output signals such as 2A output from the sinusoidal wave encoder 100 according to a preset gain). But, neither Jung nor Chi explicitly teach the following limitations taught in Mikawa: (2) the rate generator, including a gear attached to the shaft (see at least Mikawa, [0043] disclosing that the entire timing sprocket 1 is integrally formed of iron-based metal, and includes: a sprocket main body 1a of an annular shape which has an inner circumferential surface formed with a stepped diameter; and a gear part 1b which is integrally provided at outer circumference of sprocket main body 1a and which receives a rotating force from the crankshaft through a wound timing chain 42 ), (3) a magnetic pole opposed to the gear in a radial direction and a coil wound around the magnetic pole (see at least Mikawa, [0059] disclosing that motor shaft 13 is formed in a cylindrical shape and functions as an armature. An iron core rotor 17 with a plurality of poles is fixed at outer circumference of the substantially center position of motor shaft 13 in the axial direction and an electromagnetic coil 18 is wound around outer circumference of iron core rotor 17. Moreover, a commutator 20 is firmly press-fitted at the outer circumference of the front end part of motor shaft 13. Electromagnetic coil 18 is connected to each segment of commutator 20 obtained through division into the same number as a number of the poles of iron core rotor 1), (4) configured to generate a voltage having a waveform depending on a change in magnetic flux due to rotation of the shaft (see at least Mikawa, [0083] disclosing that rotation detection device 153 includes various processing circuits including a waveform generating circuit, a selection circuit, etc. together with a pickup which detects projection parts 151. The rotation signal POS outputted by rotation detection device 153 is a pulse signal formed of a pulse train which is usually at a low level but changes to a high level for a given time period when projection parts 151 are detected; [0110] disclosing that when the output gradually increases, the angle at which motor shaft 13 rotates in a clockwise direction (for example, an advance direction) is gradually increased according to the aforementioned gradual increase in the output, and when the output gradually decreases, the angle at which motor shaft 13 rotates in a counterclockwise direction (for example, a retard direction) is gradually increased according to the aforementioned gradual decrease in the output, thereby permitting linear detection of the rotation angle (amount of rotational operation) together with the rotation direction. Note that learning of an output value (output voltage) of the corresponding rotation angle upon the detection of edge parts 201b). But, neither Jung, Chi, nor Mikawa explicitly teach the following limitations taught in Kisho: (6) the target frequency range being defined by a range encompassing frequencies of the sensor signal during acceleration of the rotational speed of the shaft after start of rotation of the shaft in a case of no failure in the rotating body (see at least Kishino, [0006] disclosing that the failure detect device includes a vibration detecting unit that detects the vibration of the device, a rotation speed detecting unit that detects a rotation speed of the rotary shaft, an analyzing unit that calculates a frequency spectrum of the vibration detected by the vibration detecting unit and determining an actually measured vibration level at each vibration order by dividing a frequency component of the calculated frequency spectrum by the rotation speed detected by the rotation speed detecting unit, and a detecting unit that detects the presence of a failure in the predetermined peripheral member on the basis of the actually measured vibration level at each vibration order determined by the analyzing unit; [0041]; [0042]). Jung, Chi, Kisho and Mikawa are analogous art to claim 1 because they are in the same field of a determining whether any failure occurs in a rotating body. Jung relates to a magnetic bearing control apparatus, a control method, and a high speed rotating motor using the same, which determine a normal or abnormal operation of a sensor, configured to sense a position of a rotation shaft of the high speed rotating motor that is supported by a magnetic bearing (see Jung [0002]). Chi relates to a disconnection detection apparatus of a sinusoidal wave signal (see Chi, [0002]). Kishino relates to a failure detect device and a failure detect method for detecting a failure in a rotatable and movable member such as a bearing or a gear used in an axle, a transmission (see at least Kishino, [0001]). Mikawa relates to a device and a method for detecting abnormality in a rotation phase detection device and a device for controlling rotation position using such a device and a method for detecting abnormality (see at least Mikawa, [0001]). Therefore, it would be prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the device, as disclosed in Jung, to provide the benefit of having a rate generator to output a sensor signal of which a frequency varies depending on a rotational speed of the shaft, as disclosed in Chi, to provide the benefit of a rate generator including a gear attached to the shaft, a magnetic pole opposed to the gear in a radial direction and a coil wound around the magnetic pole, that generate a voltage having a waveform depending on a change in magnetic flux due to rotation of the shaft, as disclosed in Mikawa, and to provide the benefit of having the target frequency range be defined by a range encompassing frequencies of the sensor signal during acceleration of the rotational speed of the shaft after start of rotation of the shaft in a case of no failure in the rotating body, as disclosed in Kishino, with a reasonable expectation of success. Doing so would provide the benefit accurate speed control for the motor (see Chi, [0003]). As per claim 18, the combination of Jung, Chi, Kishino and Mikawa discloses all of the limitations of claim 1, as shown above. Chi discloses the following limitation: wherein the rate generator comprises a plurality of rate generators, the plurality of rate generators detects rotation of shafts included in the rotating body and outputs sensor signals (per claim 1, see at least Chi, [0013]). Jung discloses the following limitation: frequency calculating circuitry to calculate the frequency of the sensor signal output from the rate generator (per claim 1, see at least Jung, [0054]); and the determining circuitry determines whether any failure occurs in the shafts included in the rotating body from the respective frequencies of the sensor signals calculated by the frequency calculating circuitry (per claim 1, see at least Jung, [[0021]; [0086]; [0119]). The combination of Jung, Chi, Kishino and Mikawa discloses the claimed invention, as shown above, except for disclosing “a plurality of rate generators” detecting rotation of “shafts” outputting sensor “signals” and determining “whether any failure occurs in the rotating bodies”. It would have been obvious to one having ordinary skill in the art at the time the invention was made to have a plurality of rate generators detecting the rotation of shafts, outputting sensor signals, and determining whether any failure occurs in the rotating bodies, since it has been held that mere duplication of the essential working parts of a device involves only routine skill in the art. St. Regis Paper Co. v. Bemis Co., 193 USPQ 8. As per claim 19, the combination of Jung, Chi, Kishino and Mikawa discloses all of the limitations of claim 1, as shown above. Chi discloses the following limitation: wherein the rate generator comprises a plurality of rate generators, the plurality of rate generators detects rotation of shafts included in the rotating body and outputs sensor signals (per claim 1, see at least Chi, [0013]). Jung discloses the following limitation: frequency calculating circuitry to calculate the frequency of the sensor signal output from the rate generator (per claim 1, see at least Jung, [0054]); and the determining circuitry determines whether any failure occurs in the shafts included in the rotating body from the frequencies of the each of the sensor signals calculated by the frequency calculating circuitry (per claim 1, see at least Jung, [[0021]; [0086]; [0119]). The combination of Jung, Chi, Kishino and Mikawa discloses the claimed invention, as shown above, except for disclosing “a plurality of rate generators” detecting rotation of “shafts” outputting sensor “signals” and determining “whether any failure occurs in the rotating bodies”. It would have been obvious to one having ordinary skill in the art at the time the invention was made to have a plurality of rate generators detecting the rotation of shafts, outputting sensor signals, and determining whether any failure occurs in the rotating bodies, since it has been held that mere duplication of the essential working parts of a device involves only routine skill in the art. St. Regis Paper Co. v. Bemis Co., 193 USPQ 8. As per claim 22, the combination of Jung, Chi, Kishino and Mikawa discloses all of the limitations of claim 1, as shown above. Jung further discloses the following limitations: wherein the determining circuitry notifies a drive control apparatus of whether any failure occurs in the rotating body (see at least Jung, [0020]; [0087] disclosing that controller 220 can control a drive stop command of a magnetic bearing 210 when it detects the displacement sensor 230 as a failure state) , the drive control apparatus being configured to control a driving apparatus for providing power to the shaft (see at least Jung, [0087]). As per claim 23, the combination of Jung, Chi, Kishino and Mikawa discloses all of the limitations of claim 1, as shown above. Jung further discloses the following limitations: wherein the rate generator detects rotation of the shaft and outputs the sensor signal (see at least Jung, [0004]; [0021] disclosing that a displacement sensor, a frequency of a signal representing a position of a rotation shaft; determining a displacement of the rotation shaft based on the position of the rotation shaft; based on the frequency detected by the displacement sensor, determining whether the displacement sensor is in a normal operation state or in a failure state; [0052]; [0053] disclosing The thrust bearing 216 may be installed by having a shaft supporting plate 156 therebetween that extends in the radial direction at an end of the rotation shaft 150. The thrust bearing 216 can support that the rotation shaft 150 is moved in the axial direction), the shaft being an axle configured to rotate by power received from a driving apparatus for generating a thrust of a vehicle (see at least Jung, [0052]; [0053]). As per claim 24, the combination of Jung, Chi, Kishino and Mikawa discloses all of the limitations of claim 1, as shown above. Chi further discloses the following limitation: wherein the rate generator detects rotation of the shaft and outputs the sensor signal (see at least Chi, [0013]) ... . Jung further discloses the following limitation: the shaft being an armature shaft of a motor included in a driving apparatus installed in a vehicle and configured for generating a thrust of the vehicle (see at least Jung, [0047] disclosing high speed rotating motor 100 may include a housing 110, a stator 130, and a rotation shaft 150 <interpreted as the armature shaft>. The high speed rotating motor 100 may be an apparatus that generates a driving force by rotating the rotation shaft 150 at a high speed). As per claim 29, similar to claim 1, Jung discloses [a] failure determining method for determining whether any failure occurs in a rotating body including a shaft rotatable by received power and a support mechanism for supporting the shaft rotatably (see at least Jung, Abstract, Fig. 1, showing bearings 212), the failure determining method comprising: calculating a frequency of the sensor signal output from the rate generator (see at least Jung, [0021]), ... (1) ... , ... (2) ... , ... (3) ... , ... (4) ... , ... (5) ...; and determining whether any failure occurs in the rotating body from the calculated frequency of the sensor signal (see at least Jung, [0021]; 0086]; [0119]) by determining whether the calculated frequency is within a target frequency range (see at least Jung, [0122]; [0124] ) ... (6) ... . But Jung does not explicitly disclose the following limitation disclosed in Chi: (1) the rate generator (see at least Chi, [0013]), (5) being configured to output a sensor signal from a rate generator being configured to output the sensor signal of which a frequency varies depending on a rotational speed of the shaft (see at least Chi, [0013]). But, neither Jung nor Chi explicitly teach the following limitations taught in Mikawa: (2) including a gear attached to the shaft (see at least Mikawa, [0043]), (3) a magnetic pole opposed to the gear in a radial direction and a coil wound around the magnetic pole (see at least Mikawa, [0059]), (4) configured to generate a voltage having a waveform depending on a change in magnetic flux due to rotation of the shaft (see at least Mikawa, [0083]; [0110]). But, neither Jung, Chi, nor Mikawa explicitly teach the following limitations taught in Kishino: (6) determining whether any failure occurs ..., the target frequency range being defined by a range encompassing frequencies of the sensor signal during acceleration of the rotational speed of the shaft after start of rotation of the shaft in a case of no failure in the rotating body (see at least Kishino, [0006]; [0041]; [0042]). Jung, Chi, Kishino and Mikawa are analogous art to claim 29 because they are in the same field of a determining whether any failure occurs in a rotating body. Jung relates to a magnetic bearing control apparatus, a control method, and a high speed rotating motor using the same, which determine a normal or abnormal operation of a sensor, configured to sense a position of a rotation shaft of the high speed rotating motor that is supported by a magnetic bearing (see Jung [0002]). Chi relates to a disconnection detection apparatus of a sinusoidal wave signal (see Chi, [0002]). Kishino relates to a failure detect device and a failure detect method for detecting a failure in a rotatable and movable member such as a bearing or a gear used in an axle, a transmission (see at least Kishino, [0001]). Mikawa relates to a device and a method for detecting abnormality in a rotation phase detection device and a device for controlling rotation position using such a device and a method for detecting abnormality (see at least Mikawa, [0001]). Therefore, it would be prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the device, as disclosed in Jung, to provide the benefit of having a rate generator to output a sensor signal of which a frequency varies depending on a rotational speed of the shaft, as disclosed in Chi, to provide the benefit of a rate generator including a gear attached to the shaft, a magnetic pole opposed to the gear in a radial direction and a coil wound around the magnetic pole, that generate a voltage having a waveform depending on a change in magnetic flux due to rotation of the shaft, as disclosed in Mikawa, and to provide the benefit of having the target frequency range be defined by a range encompassing frequencies of the sensor signal during acceleration of the rotational speed of the shaft after start of rotation of the shaft in a case of no failure in the rotating body, as disclosed in Kishino, with a reasonable expectation of success. Doing so would provide the benefit accurate speed control for the motor (see Chi, [0003]). As per claim 30, the combination of Jung, Chi, Kishino and Mikawa discloses all of the limitations of claim 1, as shown above. Kishino further discloses the following limitation: wherein when the frequency calculated by the frequency calculating circuitry is not within the target frequency range, determining that there is a failure in the rotating body (see at least Kishino, [0041]-[0043]; [0045] disclosing that to detect the presence of a failure in the peripheral member 22a, the analysis unit 32 calculates the frequency spectrum <interpreted as frequency range> of the vibration detected by the vibration detection unit 11, and determines the actually measured vibration level at each vibration order of the first rotary shaft 21a by dividing a frequency component of the calculated frequency spectrum by the rotation speed detected by the first rotation speed detection unit 12a; [0046] disclosing that detect the presence of a failure in the other peripheral member 22b, the analysis unit 32 calculates the frequency spectrum of the vibration detected by the vibration detection unit 11, and determines an actually measured vibration level at each vibration order of the second rotary shaft 21b by dividing a frequency component of the calculated frequency spectrum by the rotation speed detected by the second rotation speed detection unit 12b). As per claim 32, similar to claim 30, the combination of Jung, Chi, Kishino and Mikawa discloses all of the limitations of claim 29, as shown above. Kishino further discloses the following limitation: wherein when the frequency calculated by the frequency calculating circuitry is not within the target frequency range, determining that there is a failure in the rotating body (see at least Kishino, [0041]-[0043]; [0045]; [0046]). Claims 2, 3 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Jung, Chi, Kishino and Mikawa as applied to claim 1 above, and further in view of U.S. Patent Publication Number 2018/0351484 to Mizuo et al. (hereafter Mizuo). As per claim 2, the combination of Jung, Chi, Kishino and Mikawa discloses all of the limitations of claim 1, as shown above. But neither Jung, Chi, Kishino nor Mikawa explicitly disclose the following limitation disclosed in Mizuo: wherein the determining circuitry determines whether any failure occurs in the rotating body from the frequency calculated by the frequency calculating circuitry during acceleration of the rotational speed of the shaft after start of rotation of the shaft (see at least Mizuo, [0047] disclosing that the signals shown in the graph A in FIG. 5 are sine-wave signals, and the signals shown in the graph B in FIG. 5 are cosine-wave signals. The position ENC circuit 109 acquires the rotation angle information from two sine-wave signals having the phase difference of 90 degrees and outputs the rotation angle information to the drive waveform generating circuit 110. The rotation angle information is used as a count value of the detected position. As described above, in the present embodiment, the position detection signals are acquired as a sine-wave; [0063] disclosing that with regard to FIGS. 8 and 9 are flowcharts illustrating the flow of process in the present embodiment. The CPU 111 performs the control to be described below in accordance with a predetermined program; [0070] disclosing that in step S711 (Fig. 8), the CPU 111 determines whether the detection position of the rotor is equal to or exceeds the deceleration start position; [0077] disclosing that Fig. 13 illustrates an action of the motor after the operation described in FIGS. 11 and 12. A description will be given of a change in the state of the motor in which the rotor shifts to a constant speed after the acceleration of the rotor and transitions to idling along with the deceleration of the rotor. The graph A and the graph B in FIG. 13 each illustrate the change in time of the detection position signals that have been output from the Hall sensors and adjusted; [0078]). Jung, Chi, Kishino, Mikawa and Mizuo are analogous art to claim 2 because they are in the same field of a determining whether any failure occurs in a rotating body. Jung relates to a magnetic bearing control apparatus, a control method, and a high speed rotating motor using the same, which determine a normal or abnormal operation of a sensor, configured to sense a position of a rotation shaft of the high speed rotating motor that is supported by a magnetic bearing (see Jung [0002]). Chi relates to a disconnection detection apparatus of a sinusoidal wave signal (see Chi, [0002]). Kishino relates to a failure detect device and a failure detect method for detecting a failure in a rotatable and movable member such as a bearing or a gear used in an axle, a transmission (see at least Kishino, [0001]). Mikawa relates to a device and a method for detecting abnormality in a rotation phase detection device and a device for controlling rotation position using such a device and a method for detecting abnormality (see at least Mikawa, [0001]). Mizuo relates to a technique that generates an efficient drive waveform to a detected the position of the rotation of a rotor (see Mizuo, [0001]). Therefore, it would be prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the device, as disclosed in Jung, as modified by Chi, Kishino and Mikawa, to provide the benefit of determining whether any failure occurs in the rotating body from the frequency calculated by the frequency calculating circuitry during acceleration of the rotational speed of the shaft after start of rotation of the sha, as disclosed in Mizuo, with a reasonable expectation of success. Doing so would provide the benefit of detecting the position of the rotor once the shaft starts rotating (see Mizuo, [0003]). As per claim 3, the combination of Jung, Chi, Kishino, Mikawa and Mizuo discloses all of the limitations of claim 2, as shown above. Chi further discloses the following limitations: wherein the frequency calculating circuitry generates a pulse signal (see at least Chi, [0008] disclosing that an encoder 100 outputs two-phase sinusoidal wave signals (a sine signal and a cosine signal) having a phase difference of 90 degrees to each other, and a disconnection detection apparatus 200 receives the output signals of the encoder 100 to detect whether disconnection of each of the output signals occurs <interpreted as the generated pulse>; [0027] ) ... ; starts calculating the frequency of the sensor signal on basis of the pulse signal (see at least Chi, [0008]; [0027]) ... . Mizuo further discloses the following limitations: wherein the frequency calculating circuitry generates a pulse signal on basis of whether a voltage of the sensor signal is equal to or higher than a threshold voltage (see at least Mizuo, [0114] disclosing that in step S412, it is determined whether or not the detected position of the rotor has exceeded the deceleration end position. If it is determined that the detected position of the rotor has exceeded the deceleration end position, the process proceeds to step S413, and the deceleration control ends. In contrast, if the detected position of the rotor has not reached the deceleration end position, the determination process in step S412 is repeated. It is assumed that the deceleration end position is set at a position before the target stop position according to a threshold), and starts calculating the frequency of the sensor signal on basis of the pulse signal in response to a rise of the pulse signal after start of rotation of the shaft (see at least Mizuo, [0076] disclosing that at time t1 shown in FIG. 12, assuming that 256 is set to PHS_OFS, a clockwise torque is generated at that moment and the rotor rotates. With the rotation of the rotor, the value of Epos indicating the detected position of the rotor advances, and accordingly, the phase count value of the drive waveform also advances. Due to this loop process, the phase difference between the two waveforms shown in the graph C and the graph D in FIG. 11 is always maintained so as to continuously apply a fixed rotary torque to the rotor. As a result, the rotor is accelerated to increase the rotational speed of the motor; [0077]; [0078] disclosing that the motor continues acceleration up to time t2 in FIG. 13 and transitions to a constant speed up to time t3. The generated torque having the principle that has been described with reference to FIG. 11 is attenuated due to the delay caused by the frequency characteristics of the coil when converted from the voltage to the current as the rotation speed increases, and the influence of the counter electromotive force increases). As per claim 20, similar to claims 18, 19, and 21, the combination of Jung, Chi, Kishino, Mikawa and Mizuo disclose all of the limitations of claim 2, as shown above. Chi further discloses the following limitation: wherein the rate generator comprises a plurality of rate generators, the plurality of rate generators detects rotation of shafts included in the rotating body and outputs sensor signals (per claim 1, see at least Chi, [0013]). Jung further discloses the following limitation: frequency calculating circuitry acquires the sensor signals from the plurality of respective rate generators, and calculates frequencies of the sensor signals acquired from the plurality of respective rate generators (per claim 1, see at least Jung, [0054]); and determining circuitry determines whether any failure occurs in the rotating bodies from the respective frequencies of the sensor signals calculated by the frequency calculating circuitry (per claim 1, see at least Jung, [[0021]; [0086]; [0119]). The combination of Jung, Chi, Kishino, Mikawa and Mizuo discloses the claimed invention, as shown above, except for disclosing “a plurality of rate generators” detecting rotation of “shafts” outputting sensor “signals” and determining “whether any failure occurs in the rotating bodies”. It would have been obvious to one having ordinary skill in the art at the time the invention was made to have a plurality of rate generators detecting the rotation of shafts, outputting sensor signals, and determining whether any failure occurs in the rotating bodies, since it has been held that mere duplication of the essential working parts of a device involves only routine skill in the art. St. Regis Paper Co. v. Bemis Co., 193 USPQ 8. Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Jung, Chi, Kishino, Mikawa and Mizuo as applied to claim 3 above, and further in view of .S. Patent Publication Number 2007/0170912 to Kato et al. (hereafter Kato). As per claim 4, the combination of Jung, Kishino, Chi, Mikawa and Mizuo discloses all of the limitations of claim 3, as shown above. Jung further discloses the following limitation: wherein the determining circuitry determines whether any failure occurs in the rotating body from the frequency calculated by the frequency calculating circuitry (see at least Jung, [0021]; [0086]) ... . But, neither Jung, Chi, Kishino nor Mizuo explicitly disclose the following limitation disclosed in Kato: the frequency being calculated immediately after a first rise of the pulse signal since start of rotation of the shaft (see at least Kato, [0030] disclosing with regard to Fig. 3c that when the pulse signal S1 rises before the pulse signal S2 rises, that is, when the rotor 10 is rotating in the forward direction, the rotation signal processing circuit 14 generates the information signal S1 at an L level. When the pulse signal S2 rises before the pulse signal S1 rises, that is, when the rotor 10 is rotating in the reverse direction, the rotation signal processing circuit 14 generates the information signal S1 at an H level. The rotation signal processing circuit 14 sends the information signal SI to the modulation circuit 15). Jung, Chi, Kishino, Mikawa, Mizuo and Kato are analogous art to claim 4 because they are in the same field of a determining whether any failure occurs in a rotating body. Jung relates to a magnetic bearing control apparatus, a control method, and a high speed rotating motor using the same, which determine a normal or abnormal operation of a sensor, configured to sense a position of a rotation shaft of the high speed rotating motor that is supported by a magnetic bearing (see Jung [0002]). Mizuo relates to a technique that generates an efficient drive waveform to a detected the position of the rotation of a rotor (see Mizuo, [0001]). Chi relates to a disconnection detection apparatus of a sinusoidal wave signal (see Chi, [0002]). Kishino relates to a failure detect device and a failure detect method for detecting a failure in a rotatable and movable member such as a bearing or a gear used in an axle, a transmission (see at least Kishino, [0001]). Mikawa relates to a device and a method for detecting abnormality in a rotation phase detection device and a device for controlling rotation position using such a device and a method for detecting abnormality (see at least Mikawa, [0001]). Kato relates to a rotation sensor for outputting a pulse signal representing rotation speed of a rotor and a method for outputting a signal from a rotation sensor (see Kato, [0001]). Therefore, it would be prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the device, as disclosed in Jung, as modified by Chi, Kishino, Mikawa and Mizuo, to provide the benefit of determining whether any failure occurs in the rotating body from the frequency calculated by the frequency calculating circuitry, the frequency being calculated immediately after a first rise of the pulse signal since start of rotation of the shaft, as disclosed in Kato, with a reasonable expectation of success. Doing so would provide the benefit of acquiring data as soon as the shaft begins rotating. Claims 25-28 are rejected under 35 U.S.C. 103 as being unpatentable over Jung, Chi and Kishino as applied to claims 23 and 24 above, and further in view of U.S. Patent Publication Number 2018/0215270 to Yamamoto et al. (hereafter Yamamoto). As per claim 25, the combination of Jung, Chi, Kishino and Mikawa discloses all of the limitations of claim 23, as shown above. But, neither Jung, Chi, Kishino nor Mikawa explicitly disclose the following limitations disclosed in Yamamoto: wherein the determining circuitry acquires a driving instruction for the vehicle (see at least Yamamoto, [0025] disclosing that the train control device 11 is provided with an ATC in-vehicle device 21 that outputs a first brake command B1 for controlling (deceleration-controlling) the speed of a train to a limiting speed or lower in cooperation with the ATC ground device AG, and a speed/position detector 24 that detects a speed based on a TG pulse from a tachometer generator (TG) 22 and, at the same time, detects the traveling position of the train in cooperation with a position detection-use in-vehicle pick up 23 and a position detection-use ground pick up 61 to output speed/position detection information VP), and determines, when the driving instruction changes from a braking instruction to a power running instruction, that the shaft starts rotation, the braking instruction being an instruction for instructing the vehicle to decelerate (see at least Yamamoto, [0025]), the power running instruction being an instruction for instructing the vehicle to accelerate (see at least Yamamoto, [0002] disclosing a railroad vehicle includes a motor that drives the vehicle, and a vehicle control device that collects a current from an overhead contact line or a third rail to receive electric power, converts the electric power into required voltage and electric current, and supplies the required voltage and electric current to the motor; [0025] <when power is applied it is inherent that the shaft will start rotating, enabling driving>). Jung, Chi, Kishino, Mikawa and Yamamoto are analogous art to claim 25 because they are in the same field of a determining whether any failure occurs in a rotating body. Jung relates to a magnetic bearing control apparatus, a control method, and a high speed rotating motor using the same, which determine a normal or abnormal operation of a sensor, configured to sense a position of a rotation shaft of the high speed rotating motor that is supported by a magnetic bearing (see Jung [0002]). Chi relates to a disconnection detection apparatus of a sinusoidal wave signal (see Chi, [0002]). Kishino relates to a failure detect device and a failure detect method for detecting a failure in a rotatable and movable member such as a bearing or a gear used in an axle, a transmission (see at least Kishino, [0001]). Mikawa relates to a device and a method for detecting abnormality in a rotation phase detection device and a device for controlling rotation position using such a device and a method for detecting abnormality (see at least Mikawa, [0001]). Yamamoto relates to a train control device (see Yamamoto, [0001]). Therefore, it would be prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the device, as disclosed in Jung, as modified by Chi, Kishino and Mikawa to provide the benefit of having the determining circuitry acquires a driving instruction for the vehicle, determining, when the driving instruction changes from a braking instruction to a power running instruction, that the shaft starts rotation, the braking instruction being an instruction for instructing the vehicle to decelerate, and having the power running instruction being an instruction for instructing the vehicle to accelerate, as disclosed in Yamamoto, with a reasonable expectation of success. Doing so would provide the benefit of preventing discomfort of the passengers due to the discontinuation of power and regenerative braking (see at least Yamamoto, [0009]). As per claim 26, similar to claim 25, the combination of Jung, Chi, Kishino and Mikawa discloses all of the limitations of claim 24, as shown above. But, neither Jung, Chi, Kishino nor Mikawa explicitly disclose the following limitations disclosed in Yamamoto: wherein the determining circuitry acquires a driving instruction for the vehicle (see at least Yamamoto, [0025]), and determines, when the driving instruction changes from a braking instruction to a power running instruction, that the shaft starts rotation, the braking instruction being an instruction for instructing the vehicle to decelerate (see at least Yamamoto, [0002]), the power running instruction being an instruction for instructing the vehicle to accelerate (see at least Yamamoto, [0025]; [0002]). Jung, Chi, Kishino, Mikawa and Yamamoto are analogous art to claim 26 because they are in the same field of a determining whether any failure occurs in a rotating body. Jung relates to a magnetic bearing control apparatus, a control method, and a high speed rotating motor using the same, which determine a normal or abnormal operation of a sensor, configured to sense a position of a rotation shaft of the high speed rotating motor that is supported by a magnetic bearing (see Jung [0002]). Chi relates to a disconnection detection apparatus of a sinusoidal wave signal (see Chi, [0002]). Kishino relates to a failure detect device and a failure detect method for detecting a failure in a rotatable and movable member such as a bearing or a gear used in an axle, a transmission (see at least Kishino, [0001]). Mikawa relates to a device and a method for detecting abnormality in a rotation phase detection device and a device for controlling rotation position using such a device and a method for detecting abnormality (see at least Mikawa, [0001]). Yamamoto relates to a train control device (see Yamamoto, [0001]). Therefore, it would be prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the device, as disclosed in Jung, as modified by Chi, Kishino and Mikawa, to provide the benefit of having the determining circuitry acquires a driving instruction for the vehicle, determining, when the driving instruction changes from a braking instruction to a power running instruction, that the shaft starts rotation, the braking instruction being an instruction for instructing the vehicle to decelerate, and having the power running instruction being an instruction for instructing the vehicle to accelerate, as disclosed in Yamamoto, with a reasonable expectation of success. Doing so would provide the benefit of preventing discomfort of the passengers due to the discontinuation of power and regenerative braking (see at least Yamamoto, [0009]). As per claim 27, the combination of Jung, Chi, Kishino and Mikawa discloses all of the limitations of claim 23, as shown above. But neither Jung, Chi, Kishino nor Mikawa explicitly disclose the following limitations disclosed in Yamamoto: drive controlling circuitry to acquire a driving instruction for the vehicle (see at least Yamamoto, [0025]) and, when the driving instruction is a power running instruction for instructing the vehicle to accelerate, control the driving apparatus in accordance with the power running instruction (see at least Yamamoto, [0025]; [0002]), wherein when the determining circuitry included in the failure determination device determines that any failure occurs in the rotating body, the drive controlling circuitry stops the driving apparatus regardless of the driving instruction (see at least Yamamoto, [0025]). Jung, Chi, Kishino, Mikawa and Yamamoto are analogous art to claim 27 because they are in the same field of a determining whether any failure occurs in a rotating body. Jung relates to a magnetic bearing control apparatus, a control method, and a high speed rotating motor using the same, which determine a normal or abnormal operation of a sensor, configured to sense a position of a rotation shaft of the high speed rotating motor that is supported by a magnetic bearing (see Jung [0002]). Chi relates to a disconnection detection apparatus of a sinusoidal wave signal (see Chi, [0002]). Kishino relates to a failure detect device and a failure detect method for detecting a failure in a rotatable and movable member such as a bearing or a gear used in an axle, a transmission (see at least Kishino, [0001]). Mikawa relates to a device and a method for detecting abnormality in a rotation phase detection device and a device for controlling rotation position using such a device and a method for detecting abnormality (see at least Mikawa, [0001]). Yamamoto relates to a train control device (see Yamamoto [0001]). Therefore, it would be prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the device, as disclosed in Jung, as modified by Chi, Kishino and Mikawa, to provide the benefit of having the determining circuitry acquires a driving instruction for the vehicle, controlling the driving apparatus in accordance with the power running instruction when the driving instruction is a power running instruction for instructing the vehicle to accelerate, and stopping the driving apparatus regardless of the driving instruction, when the determining circuitry included in the failure determination device determines that any failure occurs in the rotating body, as disclosed in Yamamoto, with a reasonable expectation of success. Doing so would provide the benefit of preventing discomfort of the passengers due to the discontinuation of power and regenerative braking (see at least Yamamoto, [0009]). As per claim 28, similar to claim 27, the combination of Jung, Chi, Kishino, Mikawa and Yamamoto discloses all of the limitations of claim 27, as shown above. Yamamoto further discloses the following limitations: brake controlling circuitry to acquire the driving instruction (see at least Yamamoto, [0025]) and, when the driving instruction is a braking instruction for instructing the vehicle to decelerate, control a brake device in accordance with the braking instruction, the brake device being configured to generate braking force of the vehicle (see at least Yamamoto, [0025]), wherein when the determining circuitry included in the failure determination device determines that any failure occurs in the rotating body, the brake controlling circuitry controls the brake device to generate braking force of the vehicle regardless of the driving instruction (see at least Yamamoto, [0025]; [0002]). Claims 31 and 33 are rejected under 35 U.S.C. 103 as being unpatentable over Jung, Chi, Kishino and Mikawa as applied to claims 1 and 29 above, and further in view of U.S. Patent Publication Number 2022/0011366 to Kato et al. (hereafter Kato II). As per claim 31, the combination of Jung, Chi, Kishino and Mikawa discloses all of the limitations of claim 1, as shown above. But, neither Jung, Chi, Kishino nor Mikawa explicitly teach the following limitation taught in Kato II: wherein target frequency range further encompasses frequencies of the sensor signal at a time of arrival of a voltage of the sensor signal to a threshold voltage higher than a range of possible variation in the voltage of the sensor signal during stop of the shaft in the case of no failure of the rotating body and upper and lower margins of 30% (see at least Kato II, [0007] disclosing that during the acceleration-and-deceleration period of the mechanical apparatus, the current amplitude in a particular frequency range corresponding to a characteristic frequency of the failure of the drive mechanism increases by the resonance of the drive mechanism and indicates a peak value, in the change in the frequency spectra of the motor current with respect to the change in the rotational speed data of the motor, and this peak value has a correlation with a sign of the failure of the drive mechanism. Therefore, since it can be determined whether the drive mechanism indicates a sign of a failure based on the change in the frequency spectra of the motor current with respect to the change in the rotational speed data of the motor, the failure diagnosis can be performed during the work of the mechanical apparatus to which the drive mechanism is provided; [0072] disclosing that the determining module 9 compares the extracted peak value 24 of the amplitude of the motor current with a given amplitude threshold, and, based on this result, it determines whether one or more given elements (in other words, the drive mechanism 51) which constitute the drive mechanism 51 indicates a sign of failure. In detail, if the peak value 24 of the amplitude of the motor current is above the given amplitude threshold, it determines that the drive mechanism 51 indicates a sign of the failure, and if the peak value 24 of the amplitude of the motor current is below the given amplitude threshold, it determines that the drive mechanism 51 does not indicate a sign of the failure. This amplitude threshold is determined by an experiment, a simulation, etc.). The combination of Chi, Jung, Kishino, Mikawa and Kato II, discloses the claimed invention except for “upper and lower margins of 30%” on the frequency range. It would have been obvious to one having ordinary skill in the art at the time the invention was made to determine that there were no failures within such a range, since it has been held that discovering an optimum value of a result effective variable, frequency range, involves only routine skill in the art. In re Boesch, 617 F.2d 272, 205 USPQ 215 (CCPA 1980). Further, applicant’s specification makes no mention of the criticality of the ”upper and lower margins of 30%”. “The law is replete with cases in which the difference between the claimed invention and the prior art is some range or other variable within the claims. In such a situation, the applicant must show that the particular range is critical, generally by showing that the claimed range achieves unexpected results relative to the prior art range.” In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990). Jung, Chi, Kishino, Kishino and Kato II are analogous art to claim 31 because they are in the same field of a determining whether any failure occurs in a rotating body. Jung relates to a magnetic bearing control apparatus, a control method, and a high speed rotating motor using the same, which determine a normal or abnormal operation of a sensor, configured to sense a position of a rotation shaft of the high speed rotating motor that is supported by a magnetic bearing (see Jung [0002]). Chi relates to a disconnection detection apparatus of a sinusoidal wave signal (see Chi, [0002]). Kishino relates to a failure detect device and a failure detect method for detecting a failure in a rotatable and movable member such as a bearing or a gear used in an axle, a transmission (see at least Kishino, [0001]). Mikawa relates to a device and a method for detecting abnormality in a rotation phase detection device and a device for controlling rotation position using such a device and a method for detecting abnormality (see at least Mikawa, [0001]). Kato II relates to a failure diagnosing device of a drive mechanism (see at least Kato II, [0001]). Therefore, it would be prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the device, as disclosed in Jung, as modified by Chi, Kishino and Mikawa, to provide the benefit of target frequency range further encompasses frequencies of the sensor signal at a time of arrival of a voltage of the sensor signal to a threshold voltage higher than a range of possible variation in the voltage of the sensor signal during stop of the shaft in the case of no failure of the rotating body and upper and lower margins of 30%, as disclosed in Mizuo, with a reasonable expectation of success. Doing so would provide the benefit of diagnosing failure as the mechanical apparatus is operating (see at least Kato II, [0003]). As per claim 33, similar to claim 31, the combination of Jung, Chi, Kishino and Mikawa discloses all of the limitations of claim 1, as shown above. But, neither Jung, Chi, Kishino nor Mikawa explicitly teach the following limitation taught in Kato II: wherein target frequency range further encompasses frequencies of the sensor signal at a time of arrival of a voltage of the sensor signal to a threshold voltage higher than a range of possible variation in the voltage of the sensor signal during stop of the shaft in the case of no failure of the rotating body and upper and lower margins of 30% (see at least Kato II, [0007]; [0072]). The combination of Chi, Jung, Kishino, Mikawa and Kato II, discloses the claimed invention except for “upper and lower margins of 30%” on the frequency range. It would have been obvious to one having ordinary skill in the art at the time the invention was made to determine that there were no failures within such a range, since it has been held that discovering an optimum value of a result effective variable, frequency range, involves only routine skill in the art. In re Boesch, 617 F.2d 272, 205 USPQ 215 (CCPA 1980). Further, applicant’s specification makes no mention of the criticality of the ”upper and lower margins of 30%”. “The law is replete with cases in which the difference between the claimed invention and the prior art is some range or other variable within the claims. In such a situation, the applicant must show that the particular range is critical, generally by showing that the claimed range achieves unexpected results relative to the prior art range.” In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990). Jung, Chi, Kishino, Mikawa and Kato II are analogous art to claim 33 because they are in the same field of a determining whether any failure occurs in a rotating body. Jung relates to a magnetic bearing control apparatus, a control method, and a high speed rotating motor using the same, which determine a normal or abnormal operation of a sensor, configured to sense a position of a rotation shaft of the high speed rotating motor that is supported by a magnetic bearing (see Jung [0002]). Chi relates to a disconnection detection apparatus of a sinusoidal wave signal (see Chi, [0002]). Kishino relates to a failure detect device and a failure detect method for detecting a failure in a rotatable and movable member such as a bearing or a gear used in an axle, a transmission (see at least Kishino, [0001]). Mikawa relates to a device and a method for detecting abnormality in a rotation phase detection device and a device for controlling rotation position using such a device and a method for detecting abnormality (see at least Mikawa, [0001]). Kato II relates to a failure diagnosing device of a drive mechanism (see at least Kato II, [0001]). Therefore, it would be prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the device, as disclosed in Jung, as modified by Chi, Kishino and Mikawa, to provide the benefit of target frequency range further encompasses frequencies of the sensor signal at a time of arrival of a voltage of the sensor signal to a threshold voltage higher than a range of possible variation in the voltage of the sensor signal during stop of the shaft in the case of no failure of the rotating body and upper and lower margins of 30%, as disclosed in Mizuo, with a reasonable expectation of success. Doing so would provide the benefit of diagnosing failure as the mechanical apparatus is operating (see at least Kato II, [0003]). Claim 34 is rejected under 35 U.S.C. 103 as being unpatentable over Chi, Jung, Kishino and Mikawa as applied to claim 1 above, and further in view of U.S. Patent Publication Number 2022/0170507 to Ohno et al. (hereafter Chino). As per claim 34, the combination of Chi, Jung, Kishino and Mikawa discloses all of the limitations of claim 1, as shown above. But, neither Chi, Jung, Kishino nor Mikawa explicitly teach the following limitation taught in Ohno. wherein the rate generator is a non-contact rate generator configured to detect rotation of the shaft of the rotating body (see at least Ohno, [0089] disclosing that with the motor 10 configured as described above and the fan device 1 including the motor 10, since the rotation shaft 23 is supported by the pair of bearing portions 22A and 22B including the first bearing 221 and the second bearing 222 having different kinetic viscosities, it is possible to continue operation without replacing bearing components even when the first bearing 221 is in an abnormal state such as degradation or failure ; [0090] disclosing that In FIG. 5, there are shown t0: the time of start of the operation of the motor 10, t1: the time at which the first bearing 221 is no longer in a normal operational state (start of failure of the first bearing 221), and t2: the time at which the first bearing 221 together with the coupling portion 223 starts to rotate integrally with the rotation shaft 23 (co-rotation of the inner and outer races of the first bearing 221).; [0099] disclosing that rotational frequency calculating unit 32 acquires a first Hall signal Sh1 (information on a rotational frequency) <Hall signal / sensor, is interpreted as the non-contact rate generator> acquired by a Hall sensor H1 attached to the motor 10 and provided to detect the rotational frequency of the rotor (the rotation shaft 23 or the impeller 30) as actual rotation information of the rotor, and calculates the rotational frequency of the rotor; [0162) Jung, Chi, Kisho, Mikawa and Chino are analogous art to claim 1 because they are in the same field of a determining whether any failure occurs in a rotating body. Jung relates to a magnetic bearing control apparatus, a control method, and a high speed rotating motor using the same, which determine a normal or abnormal operation of a sensor, configured to sense a position of a rotation shaft of the high speed rotating motor that is supported by a magnetic bearing (see Jung [0002]). Chi relates to a disconnection detection apparatus of a sinusoidal wave signal (see Chi, [0002]). Kishino relates to a failure detect device and a failure detect method for detecting a failure in a rotatable and movable member such as a bearing or a gear used in an axle, a transmission (see at least Kishino, [0001]). Mikawa relates to a device and a method for detecting abnormality in a rotation phase detection device and a device for controlling rotation position using such a device and a method for detecting abnormality (see at least Mikawa, [0001]). Ohno relates to a motor, a motor state detection device, and a motor state determination device (see at least Ohno, [0002]). Therefore, it would be prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the device, as disclosed in Jung, as modified by Chi, Kisho, and Mikawa, to provide the benefit of having the rate generator be a non-contact rate generator configured to detect rotation of the shaft of the rotating body, as disclosed in Ohno, with a reasonable expectation of success. Doing so would provide the benefit improving the reliability of the shaft (see at least Ohno, [0007]). Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. U.S. Patent Publication Number 2018/0208221 to Singh, disclosing a plurality of sensors at [0025]; [0075], disclosing frequency ranges at [0079]. THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a). A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action. Any inquiry concerning this communication or earlier communications from the examiner should be directed to PATRICK M. BRADY III whose telephone number is (571)272-7458. The examiner can normally be reached Monday - Friday 7:00 am - 4;30 pm. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Erin Bishop can be reached at 571-270-3713. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. PATRICK M. BRADY III Examiner Art Unit 3665 /PATRICK M BRADY/ Examiner, Art Unit 3665 /Erin D Bishop/ Supervisory Patent Examiner, Art Unit 3665
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Prosecution Timeline

Show 8 earlier events
Sep 18, 2025
Request for Continued Examination
Oct 01, 2025
Response after Non-Final Action
Dec 30, 2025
Non-Final Rejection mailed — §103
Feb 20, 2026
Interview Requested
Mar 10, 2026
Applicant Interview (Telephonic)
Mar 10, 2026
Examiner Interview Summary
Mar 25, 2026
Response Filed
Jun 10, 2026
Final Rejection mailed — §103 (current)

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