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 .
Response to Amendment
Applicant’s submission filed 12/30/2025 includes changes to the claims, remarks and arguments related to the previous rejection. The above have been entered and considered. Claims 7-18 are currently pending.
Response to Arguments
With regard to the Claim Interpretations:
Applicant has amended the claims where a generic device unit is now cited with the structure of a processor. The claim interpretations are withdrawn.
With regard to the 112(b) rejection:
Applicant has amended Claim 7 to resolve the clarity of a processor to support the units making the determinations. The 112(b) rejection of the claims is withdrawn.
Applicant has amended Claim 18 to resolve the clarity of “a period” to a “data collection period”. The 112(b) rejection of the claims is withdrawn.
With regard to the 103 rejection:
Claims 7-18 have been considered in light of the previous references. The arguments and amended claims do not overcome the prior art at the time of the filing of the invention. Upon further consideration, a new ground(s) of rejection is made in view of a new combination of the prior references of Kanatsu in view of the new reference of Mansour.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
Claims 7-14 & 17-18 are rejected under 35 U.S.C. 112(a), because the specification, while being enabling for measured physical quantities of vibration or torque with engine speed the disclosure does not support the claimed all “physical quantities” of a ball screw.
Claims 7-14 & 17-18 and its dependent claims are rejected under 35 U.S.C. 112(a), as failing to comply with the scope of enablement requirement. In Applicant' s case the breadth of the claims extends beyond the disclosure for measured physical quantities of vibration or torque with engine speed.
There are many factors to be considered when determining whether there is sufficient evidence to support a determination that a disclosure does not satisfy the enablement requirement and whether any necessary experimentation is “undue.” In this case, the relevant Wand factors Examiner has considered are:
2164.01(a) Undue Experimentation Factors [R-01.2024]
(A) The breadth of the claims;
(B) The nature of the invention;
(C) The state of the prior art;
(D) The level of one of ordinary skill;
(E) The level of predictability in the art;
(F) The amount of direction provided by the inventor;
(G) The existence of working examples; and
(H) The quantity of experimentation needed to make or use the invention based on the content of the disclosure.
The disclosure does not provide additional working examples or indication of any other type of measured physical quantities of a ball screw other than vibration or torque with engine speed. Absence of disclosure all measurable physical quantities of a ball screw in operation, places on the public the entire quantity of experimentation needed to make or use the full scope of Claims 7-14 & 17-18 and over reaches the disclosed concept.
Claims 7-14 & 17-18 therefore recites subject matter directed to the broadest level of a concept of all measured physical quantities of a ball screw. All dependent claims are also rejected for their dependence on the rejected base Claims 7-14 & 17-18.
Consistent with office policy, Examiner has weighed all the evidence for and against enablement of this invention and has concluded based on guidance provided by the MPEP and case law (including the Wands factors) that there is not enough evidence in favor of the scope of the enablement of this invention.
Applicant may submit factual affidavits under 37 CFR 1.132 or cite references to show what one skilled in the art knew at the time of filing the application. A declaration or affidavit is, itself, evidence that must be considered. The weight to give a declaration or affidavit will depend upon the amount of factual evidence the declaration or affidavit contains to support the conclusion of enablement. In re Buchner, 929 F.2d 660, 661, 18 USPQ2d 1331, 1332 (Fed. Cir. 1991) (“expert' s opinion on the ultimate legal conclusion must be supported by something more than a conclusory statement”); cf. In re Alton, 76 F.3d 1168, 1174, 37 USPQ2d 1578, 1583 (Fed. Cir. 1996) (declarations relating to the written description requirement should have been considered)”.
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims
particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
Claim 16 is rejected under 35 U.S.C. 112(b), as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor regards as the invention.
Claim 16 was amended to now depend from Claim 7. However, the claimed element of a drive unit is a servo motor for driving the ball screw is unclear as a drive unit is not claimed in Claim 7 but instead is cited in independent Claim 17.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 7, 10-12, 14-15 & 17-18 are rejected under 35 U.S.C. 103 as being unpatentable over Kanatsu (JP 2013164386: “Kanatsu” translation provided for citations) in view of Mansour (US 20190301974: “Mansour” translation provided for citations).
Claim 7. Kanatsu discloses a device (Fig. 1: 20) for monitoring a state of a ball screw (10) [0001: The present invention relates to a ball screw abnormality diagnosis device and a ball screw abnormality diagnosis method that can diagnose the presence or absence of an abnormality in a ball screw and identify the location of the abnormality], the ball screw (10) having a screw shaft (11), a nut (12), and a plurality of balls [0017: a nut 12 that is externally fitted onto the screw shaft 11 via a plurality of balls (not shown) so as to be movable in the axial direction], the device (Fig. 1: 20) comprising: a period acquisition unit (23 running set programs) implemented by a processor (20) [0018: 21 that detects vibration as a physical quantity generated by the operation of the ball screw 10 and outputs the vibration as a vibration signal, a rotational speed sensor (detection unit, rotational speed detection unit) 22 that detects the rotational speed of the screw shaft 11 of the ball screw 10 and outputs the rotational speed signal] configured to acquire, a data collection period in which the nut (12) is caused to move relative to the screw shaft (11) in one direction under an unloaded condition [0022: the overall length of the ball screw, the load state of the ball screw (e.g. capable of running in an unloaded state) and the operating conditions of the ball screw are set or selected in advance by the user before the abnormality diagnosis device 20 starts operating] within an operation cycle of the ball screw (10); and a data collection unit (21 & 22) implemented by a processor (20) [0025:receiving data from sensors to use in algorithms] implemented by the processor (20) that collects, as data, a physical quantity [0010: vibration and shaft speed] related to the ball screw (10) in the data collection period [0018] acquired by the period acquisition unit (23 running set programs) [0020]. Kanatsu does not explicitly disclose:
a data collection period in which the nut is caused to move relative to the screw shaft at a constant speed in one direction.
Mansour teaches the analysis device determines a movement profile of the guide component based on a vibration signal detected by the sensor [Abstract] and the movement profiles are a standstill profile; a starting profile; an acceleration profile, a profile of constant velocity, a constant velocity and a braking profile [0011]. Mansour further teaches a data collection period [0031: wherein this takes place constantly over the full complete travel or over the entire route] in which the nut (2) is caused to move relative to the screw shaft (1) at a constant speed [0011: he fatigue detection is carried out in the profile of constant velocity] in one direction [0011: constant velocity requires a constant direction].
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to use Mansour’s constant velocity vibration profile with Kanatsu’s acceleration vibration profile because a constant velocity profile improves accuracy to determine a fatigue condition of the ball screw over an acceleration profile for motor performance [Mansour 0011] & [0067].
Claim 10. Dependent on the device for monitoring a state of a ball screw according to claim 7. Kanatsu further discloses the period acquisition unit (23 running set programs) implemented by the processor (20) acquires the data collection period such that a moving area [0017] of the nut (12) during the data collection period [0025: The abnormality diagnosis unit 24 then takes in the vibration signal and rotational speed signal in real time, and executes an abnormality diagnosis algorithm (e.g. set time period to run algorithm)to perform frequency analysis and the like] includes an area [0017] in which the nut (12) is caused to move under a loaded condition during operation of an equipment having the ball screw (10) [0022: the overall length of the ball screw, the load state of the ball screw (e.g. capable of running in a particular loaded state) and the operating conditions of the ball screw are set or selected in advance by the user before the abnormality diagnosis device 20 starts operating].
Claim 11. Dependent on the device for monitoring a state of a ball screw according to claim 7. Kanatsu further discloses a period acquisition unit (23 running set programs) implemented by the processor (20), periodically [0020] acquires the data collection period (21 & 22) under a same condition [0010: The method for diagnosing an abnormality of a ball screw according to (5), wherein the operation control step takes in the physical quantity signal and the rotational speed signal, and optimizes parameters related to the abnormality diagnosis operation pattern based on the physical quantity signal, the rotational speed signal, the overall length of the ball screw, the load state of the ball screw, and the operating conditions of the ball screw. (7) The method for diagnosing an abnormality of a ball screw according to (5) or (6), wherein the abnormality diagnosis algorithm includes an algorithm for performing frequency analysis based on the physical quantity signal and for performing order ratio analysis based on the rotational speed signal. (8) The method for diagnosing an abnormality of a ball screw according to (5) or (6), wherein the abnormality diagnosis algorithm includes an algorithm for performing frequency analysis based on the physical quantity signal and for performing Campbell analysis based on the rotational speed signal].
Claim 12. Dependent on the device for monitoring a state of a ball screw according to claim 7. Kanatsu further discloses an analysis unit (24) that analyzes data collected by the data collection unit (21 & 22) [0026: the abnormality diagnosis unit 24 has the sampling time required for frequency analysis, etc., while keeping the acceleration corresponding to the rotational speed of the screw shaft 11 as constant as possible, and optimizes in real time the time constant for controlling the rotation of the electric motor 50, which is a parameter related to the abnormality diagnosis operation pattern, based on the vibration signal, rotational speed signal, overall length of the ball screw, load state of the ball screw, and operating conditions of the ball screw] and monitors the state of the ball screw (10)[0048].
Claim 14. Dependent on the device for monitoring a state of a ball screw according to claim 7. Kanatsu further discloses the physical quantity is an axial vibration (21 located on flange of nut 12 to measure axial movement of the nut 12 )[0019] [0027] of the nut (12)[0017: As a result, the table feed device moves in the axial direction by the rotation of the screw shaft 11 in response to the rotational drive of the electric motor 50 . In this embodiment, an abnormality diagnosis is performed on the ball screw 10 in the state where it is installed in the mechanical equipment].
Claim 15. Dependent on the device for monitoring a state of a ball screw according to claim 14. Kanatsu further discloses a vibration sensor (21) configured to detect vibration and provide vibration data [0004], and wherein the vibration sensor (21) is fixed to the nut (12) [0019: The vibration sensor 21 is an acceleration sensor, and is fixed to the end face of the flange 12 a of the ball screw 10 ] and is movable relative to the screw shaft (11) together with the nut (12)[0018: As a result, the table feed device moves in the axial direction by the rotation of the screw shaft 11 in response to the rotational drive of the electric motor 50 . In this embodiment, an abnormality diagnosis is performed on the ball screw 10 in the state where it is installed in the mechanical equipment].
Claim 17. Kanatsu discloses a method for monitoring a state of a ball screw (10) [0001: The present invention relates to a ball screw abnormality diagnosis device and a ball screw abnormality diagnosis method that can diagnose the presence or absence of an abnormality in a ball screw and identify the location of the abnormality], the ball screw (10) having a screw shaft (11), a nut (12), and a plurality of balls [0017: a nut 12 that is externally fitted onto the screw shaft 11 via a plurality of balls (not shown) so as to be movable in the axial direction] the method comprising the steps of: controlling a drive unit (50)[0020: The controller 23 functions as an operation control unit that mainly controls the operation of the electric motor 50 , and controls the operation of the screw shaft 11 of the ball screw 10 by controlling the electric motor 50] that causes the nut (12) to move relative to the screw shaft (11) at a constant speed [0026: The controller 23 takes in the vibration signal and rotational speed signal in real time to ensure that the abnormality diagnosis unit 24 has the sampling time required for frequency analysis, etc., while keeping the acceleration corresponding to the rotational speed of the screw shaft 11 as constant as possible] under an unloaded condition for at least one reciprocating motion; and collecting, data of a physical quantity related to the ball screw (10) while the drive unit (50) is being controlled [0020: The controller 23 functions as an operation control unit that mainly controls the operation of the electric motor 50 , and controls the operation of the screw shaft 11 of the ball screw 10 by controlling the electric motor 50 . The controller 23 is implemented with at least two types of operation programs…and an abnormality diagnosis operation pattern for the ball screw 10 to be diagnosed for an abnormality by the abnormality diagnosis unit 24]. Kanatsu does not explicitly disclose:
a data collection period in which the nut is caused to move relative to the screw shaft at a constant speed in one direction.
Mansour teaches the analysis device determines a movement profile of the guide component based on a vibration signal detected by the sensor [Abstract] and the movement profiles are a standstill profile; a starting profile; an acceleration profile, a profile of constant velocity, a constant velocity and a braking profile [0011]. Mansour further teaches a data collection period [0031: wherein this takes place constantly over the full complete travel or over the entire route] in which the nut (2) is caused to move relative to the screw shaft (1) at a constant speed [0011: he fatigue detection is carried out in the profile of constant velocity] in one direction [0011: constant velocity requires a constant direction].
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to use Mansour’s constant velocity vibration profile with Kanatsu’s acceleration vibration profile because a constant velocity profile improves accuracy to determine a fatigue condition of the ball screw over an acceleration profile for motor performance [Mansour 0011] & [0067].
Claim 18. Kanatsu discloses a method for monitoring a state of a ball screw (10) [0001: The present invention relates to a ball screw abnormality diagnosis device and a ball screw abnormality diagnosis method that can diagnose the presence or absence of an abnormality in a ball screw and identify the location of the abnormality], the ball screw (10) having a screw shaft (11), a nut (12), and a plurality of balls [0017: a nut 12 that is externally fitted onto the screw shaft 11 via a plurality of balls (not shown) so as to be movable in the axial direction] the method comprising the steps of: acquiring, a data collection period in which the nut (12) is caused to move relative to the screw shaft (11) in one direction under an unloaded condition within an operation cycle of the ball screw (11) [0027: The controller 23 takes in the vibration signal and rotational speed signal in real time to ensure that the abnormality diagnosis unit 24 has the sampling time required for frequency analysis, etc., while keeping the acceleration corresponding to the rotational speed of the screw shaft 11 as constant as possible]; and collecting (21 & 22) as data, a physical quantity related to the ball screw (10) in the data respectively [0018: As shown in FIG. 1, 20 includes a vibration sensor (detection unit, physical quantity detection unit) 21 that detects vibration as a physical quantity generated by the operation of the ball screw 10 and outputs the vibration as a vibration signal, a rotational speed sensor (detection unit, rotational speed detection unit) 22 that detects the rotational speed of the screw shaft 11 of the ball screw 10 and outputs the rotational speed signal]. Kanatsu does not explicitly disclose:
a data collection period in which the nut is caused to move relative to the screw shaft at a constant speed in one direction.
Mansour teaches the analysis device determines a movement profile of the guide component based on a vibration signal detected by the sensor [Abstract] and the movement profiles are a standstill profile; a starting profile; an acceleration profile, a profile of constant velocity, a constant velocity and a braking profile [0011]. Mansour further teaches a data collection period [0031: wherein this takes place constantly over the full complete travel or over the entire route] in which the nut (2) is caused to move relative to the screw shaft (1) at a constant speed [0011: he fatigue detection is carried out in the profile of constant velocity] in one direction [0011: constant velocity requires a constant direction].
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to use Mansour’s constant velocity vibration profile with Kanatsu’s acceleration vibration profile because a constant velocity profile improves accuracy to determine a fatigue condition of the ball screw over an acceleration profile for motor performance [Mansour 0011] & [0067].
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Kanatsu and Mansour in view of Mizuno (JP 2016109483: "Mizuno" translation provided for citations).
Claim 8. Dependent on the device for monitoring a state of a ball screw according to claim 7. Kanatsu, as modified, does not explicitly disclose:
the period acquisition unit, implemented by the processor, acquires, a period in which the ball screw returns to a start position of the ball screw.
Mizuno teaches to more accurately evaluate accuracy of a ball screw [Abstract] Mizuno further teaches the period acquisition unit acquires, as the data collection period (43), a period in which the ball screw (12) returns to a start position of the ball screw [0009: the ball screw measuring device described above includes a calculation unit that calculates the difference between the forward and return movements of the ball nut according to the amount of drive of the screw shaft, based on the recording results in the recording unit] & [0053: Next, the control processing unit 43 performs a calculation to determine the difference between the measurement result of the outbound journey and the measurement result of the return journey.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to use Mizuno's encoder and return processing with Kanatsu's, as modified, ball screw operating and abnormality movement patterns because the returns to end positions improves the reliability of the device by securing the ball screw in a protected and shock resistant position.
Claims 9 & 16 are rejected under 35 U.S.C. 103 as being unpatentable over Kanatsu and Mansour in view of Matsuzaki (US 5495764:” Matsuzaki”).
Claim 9. Dependent on the device for monitoring a state of a ball screw according to claim 7. Kanatsu, as modified, does not explicitly disclose:
the period acquisition unit acquires, as the data collection period, a grease supply cycle of the ball screw.
Matsuzaki teaches a vibration measurement system 1 comprises a shrink-type chuck 5, a spindle 14, and a servo motor 16 as mechanical elements, and has a vibration pickup 41 attached to the outer peripheral surface of a jaw 5a holding an outer ring 4 of a roller bearing 2 [Abstract]. Matsuzaki further teaches the period acquisition unit (35 computer) implemented by a processor acquires, as the data collection period [Col 4 lines 62-67: FIG. 4 is a graph of bearing torque change in response to the chuck pressure. When the chuck pressure exists between a and b, the roller bearing 2 is in a clearance condition and the bearing torque is mainly viscous resistance of grease. Further, when the chuck pressure raises and a contact between the roller and the bearing ring is started at point b, the torque rapidly increases. When point c is exceeded, increase in the bearing torque rapidly lessens], a grease supply cycle of the ball screw [Col. 3 lines 50-55: spindle 14 and the servo motor 16 can move axially by a slide mechanism with a ball screw, etc., (not show].
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to use Matsuzaki’s evaluating a greasing condition by monitoring torque of the servo engine to determine a level of viscous resistance with Kanatsu’s, as modified, bearing analysis because torque analysis improves the quality of bearing evaluation rendering a more complete health status of the monitored bearing device.
Claim 16. Dependent on the device for monitoring a state of a ball screw according to claim 7. Kanatsu discloses the drive unit (50) is a servo motor [0020: The controller 23 functions as an operation control unit that mainly controls the operation of the electric motor 50 , and controls the operation of the screw shaft 11 of the ball screw 10 by controlling the electric motor 50 (e.g. linear drive with controller)] for driving the ball screw (10). Kanatsu, as modified, does not explicitly disclose:
the physical quantity is at least one of a torque and an electric current of the servo motor.
Matsuzaki teaches a vibration measurement system 1 comprises a shrink-type chuck 5, a spindle 14, and a servo motor 16 as mechanical elements, and has a vibration pickup 41 attached to the outer peripheral surface of a jaw 5a holding an outer ring 4 of a roller bearing 2 [Abstract]. Matsuzaki further teaches the physical quantity is at least one of a torque and an electric current of the servo motor [Col. 5 lines 7-14: At steps S5 and S6, the bearing torque can be found by monitoring the armature current of the servo motor 16].
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to use Matsuzaki’s monitoring torque calculated from motor current load with Kanatsu’s, as modified, bearing analysis because torque analysis improves the quality of bearing evaluation by providing drag and resistance value changes indicative of damage rendering a more complete health status of the monitored bearing device.
Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over Kanatsu and Mansour in view of Ogura (JP 2019148311:”Ogura” translation provided for citations).
Claim 13. Dependent on the device for monitoring a state of a ball screw according to claim 12. Kanatsu, as modified, does not explicitly disclose:
the analysis unit includes an abnormal portion specifying unit that divides the data collected by the data collection unit into a plurality of data, and specifies a location of occurrence of abnormality in the ball screw based on an analysis result of the plurality of data.
Ogura teaches a ball screw device and a mechanical installation equipped with the ball screw device [0001]. Ogura further teaches the analysis unit (44) includes an abnormal portion specifying unit (40) implemented by a processor that divides the data [0054: partitioning vibration by axis] collected by the data collection unit into a plurality of data [0011-0012], and specifies a location of occurrence of abnormality in the ball screw based on an analysis result of the plurality of data [0054: In this embodiment, the monitor 50 visually displays the information on the peeling state for each axial position of the ball screw shaft 16 recorded in the ball screw shaft state recording unit 44 as a graphic representation of the entire ball screw shaft. That is, the evaluation state of the peeling state of the ball screw shaft 16 is visually displayed. The visual display of FIG. 4 shows a map of the peeling condition of the ball screw shaft 16. The map shows the entire length of the ball screw shaft 16, and the locations corresponding to the positions where peeling has occurred are shown as lines. This makes it possible to know the location and size of the area where the flaking has occurred (the axial length of the flaking that has occurred on the ball screw shaft), as well as the progression speed (amount of change) of the flaking].
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to use Ogura’s axial partitioning of vibration data with Kanatsu’s vibration data because the partitioning of the data improves reliability by providing location and magnitude of damage to provide time and cost-efficient maintenance to critical equipment in a high shock environment [Ogura 0012].
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Monica S Young whose telephone number is (303)297-4785. The examiner can normally be reached M-F 08:30-05:30 MST.
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/MONICA S YOUNG/Examiner, Art Unit 2855
/PETER J MACCHIAROLO/ Supervisory Patent Examiner, Art Unit 2855