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 .
Objection to Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the first digital filter (see claim 2) and second digital filter (see claim 5) must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Objection to specification
The disclosure is objected to because of the following informalities: The phrase (see spec., page 4, para. [0021] and relative claims 3-4),
As to claim 3, “The method according to claim 2, wherein the calculating further comprises: assigning each convergence value to the positive or to the negative driving contact of the driving phase paused to perform the voltage measurement, such that the convergence value is assigned to a driving contact to which a driving pattern has last been applied before starting the measuring window the convergence value is representing; and storing the convergence values in sequences per driving contact by storing the convergence values in sequences CPA, CPB for convergence values at the positive driving contacts PA, PB and in sequences CNA, CNB for convergence values at the negative driving contacts NA, NB in a system with two driving phases A and B” is not clear as to the phrase “assigning each convergence value to the positive or to the negative driving contact of the driving phase”.
As to claim 4, the phrase, “The method according to claim 3, wherein the calculating includes calculating the blockage indication value BI for every commutation cycle k based on a difference between convergence values CP assigned to a positive driving contact and convergence values CN assigned to a negative driving contact using the formula Bl(k) = CPA (k) - CNA (k) using values from driving phase A or BI(k) = CPB (k) - CNB (k) using values from driving phase B” is not clear.
Applicant’s figs.5a, 5b shows voltage measurement circuit 55 measure BEMF voltage at ADC_PA, ADC_NA and therefore not clear said assigning each convergence value to the positive or to the negative driving contact of the driving phase?
Said storing the convergence values at said driving contacts is also not clear as storing values is in a memory?
Appropriate correction is required wherever necessary in the specification.
Claim Objections
Claim 2 objected to because of the following informalities: As to claim 2, the phrase, “calculating from each set of stored convergence data one convergence value by applying a first digital filter and/or calculating a first arithmetic mean, a first weighted mean or a first median of the values in the set of convergence data;” should end with a period “.” Appropriate correction is required.
Claim Rejections – 35 USC § 112
5. 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.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 3-11 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
The phrase (see spec., page 4, para. [0021] and relative claims 3-4),
As to claim 3, “The method according to claim 2, wherein the calculating further comprises: assigning each convergence value to the positive or to the negative driving contact of the driving phase paused to perform the voltage measurement, such that the convergence value is assigned to a driving contact to which a driving pattern has last been applied before starting the measuring window the convergence value is representing; and storing the convergence values in sequences per driving contact by storing the convergence values in sequences CPA, CPB for convergence values at the positive driving contacts PA, PB and in sequences CNA, CNB for convergence values at the negative driving contacts NA, NB in a system with two driving phases A and B” is not clear as to the phrase “assigning each convergence value to the positive or to the negative driving contact of the driving phase”.
As to claim 4, the phrase, “The method according to claim 3, wherein the calculating includes calculating the blockage indication value BI for every commutation cycle k based on a difference between convergence values CP assigned to a positive driving contact and convergence values CN assigned to a negative driving contact using the formula Bl(k) = CPA (k) - CNA (k) using values from driving phase A or BI(k) = CPB (k) - CNB (k) using values from driving phase B” is not clear.
Applicant’s figs.5a, 5b shows voltage measurement circuit 55 measure BEMF voltage at ADC_PA, ADC_NA and therefore not clear said assigning each convergence value to the positive or to the negative driving contact of the driving phase?
Said storing the convergence values (see claim 3) at said driving contacts is also not clear as storing values is in a memory and not in a driving contact?
Appropriate correction is required wherever necessary in the claims 3-11.
Claim Rejections – 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim 1 is rejected under 35 U.S.C. 102 (a)(2) as being anticipated by REYES et al. (Pub.No.: US 2019/0307938 A1 and REYES hereinafter.)
Note: Only 1 limitation is examined because of the “or” phrase.
(Original) A method to detect and report blockage of an actuating assembly in a mobile or wearable drug delivery device, wherein the drug delivery device comprises:
an electric stepper motor or brushless DC motor operatively connected to the actuating assembly and comprising at least one driving phase, each driving phase having a coil, a positive driving contact, and a negative driving contact to drive the motor;
a voltage measurement circuitry to measure the voltage at any driving contact or between any pair of driving contacts;
an electronic control unit with a control circuitry, an electrical power source, a microprocessor, memory and software configured to control the commutation of the motor, to supervise the actuation of the drug delivery device and to initiate an alarm and/or a mitigation action if a blockage of the actuating assembly has been detected; wherein the method comprises
commutating the motor by applying a pattern of positive driving voltages to the driving contacts, in which a commutation cycle is repeated with a succession of all positive driving contacts and all negative driving contacts;
pausing driving of at least one driving phase twice per commutation cycle, by pausing between driving the positive and driving the negative driving contact of the same driving phase, to open a recurring measuring window during which the driving contacts of the paused driving phase are controlled by the voltage measuring circuitry to measure a Back EMF voltage signal at or between said driving contacts;
measuring, for a sequence of measuring windows, the voltage at or between driving contacts of a driving phase and establishing, for each of the sequence of measuring windows, a convergence value representing the Back EMF voltage during the measuring window; periodically calculating, at least once for every commutation cycle k, a blockage indication value BI based on a divergence of convergence values measured at or between different driving contacts;
determining that a blockage of the actuation assembly is present if the blockage indication value BI exceeds a blockage threshold MaxConvDiff for a specified minimum number of commutation cycles k within a specified minimum blockage duration; and initiating an alarm and/or a mitigation action if a blockage has been determined.
(As to claim 1, REYES teaches (figs.1-9, para’s [0002]-[0005], [0045]) a method to detect and report (via Alarm, see para. [0048], [0053], [0059],[ figs.2, 9) adverse event [Occlusion] of an actuating assembly [pump 10] (figs.1-2) in a mobile [blood pump device 10-12] (figs.1-2) (carried in a patient, [0041], [0042], [0043], [0045] thru [0048] [0056], [0057], figs.6-9).
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 1-2 are rejected under 35 U.S.C. 103 as being unpatentable over Das et al. (Pub.No.: US 2002/0128594 A1 and Das hereinafter) in view of Galic et al. (Pub.No.: US 2011/0181229 A1 and Galic hereinafter).
1.(Original) A method to detect and report blockage of an actuating assembly in a mobile or wearable drug delivery device, wherein the drug delivery device comprises:
an electric stepper motor or brushless DC motor operatively connected to the actuating assembly and comprising at least one driving phase, each driving phase having a coil, a positive driving contact, and a negative driving contact to drive the motor;
a voltage measurement circuitry to measure the voltage at any driving contact or between any pair of driving contacts;
an electronic control unit with a control circuitry, an electrical power source, a microprocessor, memory and software configured to control the commutation of the motor, to supervise the actuation of the drug delivery device and to initiate an alarm and/or a mitigation action if a blockage of the actuating assembly has been detected; wherein the method comprises
commutating the motor by applying a pattern of positive driving voltages to the driving contacts, in which a commutation cycle is repeated with a succession of all positive driving contacts and all negative driving contacts;
pausing driving of at least one driving phase twice per commutation cycle, by pausing between driving the positive and driving the negative driving contact of the same driving phase, to open a recurring measuring window during which the driving contacts of the paused driving phase are controlled by the voltage measuring circuitry to measure a Back EMF voltage signal at or between said driving contacts;
measuring, for a sequence of measuring windows, the voltage at or between driving contacts of a driving phase and establishing, for each of the sequence of measuring windows, a convergence value representing the Back EMF voltage during the measuring window; periodically calculating, at least once for every commutation cycle k, a blockage indication value BI based on a divergence of convergence values measured at or between different driving contacts;
determining that a blockage of the actuation assembly is present if the blockage indication value BI exceeds a blockage threshold MaxConvDiff for a specified minimum number of commutation cycles k within a specified minimum blockage duration; and initiating an alarm and/or a mitigation action if a blockage has been determined.
(As to claim 1, Das teaches (figs.1-19, para’s [0002]-[0004], [0008]-[0009], [0011]) a method to detect and report blockage [occlusion] (see figs.13-19, para. [0059]) of an actuating assembly [plunger mechanism 20] (figs.1-11, [0047]) in a drug delivery device [piston type infusion pump 5] (connected via infusion flow path 14 to a patient for delivery of medication, see fig.1, para. [0003], [0033]), wherein the drug delivery device [piston type infusion pump 5] (figs.1-12b) comprises:
A DC motor 10 operatively connected to the actuating assembly [plunger mechanism 20] (See fig.1), para. [0073];
an electronic control unit 200 (figs.1, 10, 12a, para. [0048]) with a control circuitry [220], an electrical power source 205 (fig.12a, para. [0049]), a microprocessor [micro-controller U3], memory 282 and software configured to control the commutation of the motor 10 (see figs.12a-12b, 13-19, para’s [0052] thru [0054], [0057], [0059]), to supervise (via monitoring) the actuation of the drug delivery device [infusion pump 5] and to initiate an alarm 280 and/or a mitigation action if a blockage [occlusion] of the actuating assembly [plunger mechanism 20] has been detected (see para. [0056], [0059]-[0060]); wherein the method (see figs.12-19) comprises
periodically calculating (via method figs.13, 15, 17-19), at least once, a blockage indication value [occlusion value] (step 12, fig.13, para’s [0075]- [0076], [0079] or FN>FMAX, fig.15 or FN-FMIN>FINC, fig.17, para’s [0079] thru [0081], [0082], [0083], [0085]) based on a divergence of convergence values [varying force values F1-Fn] measured 225 (fig.14, para. [0095]);
determining that a blockage [occlusion] of the actuation assembly [plunger mechanism 20] is present if the blockage indication value [Occlusion detection value FN/FN-FMIN] exceeds [greater than] a blockage threshold [FMAX or FINC or FN(n-1) or FLIMIT (see fig.15/17/18/19, para.0076], [0079]) for a specified minimum number of cycles within a specified minimum blockage duration [occlusion detection cycle] (see para.[0081], [0095]); and initiating an alarm [via audible beeper 280, see figs.12a, 13-19) and/or a mitigation action if a blockage [Occlusion detection] has been determined (see para. [0056], [0059]-[0060]).
DAS does not mention an electric stepper motor operatively connected to the actuating assembly and comprising at least one driving phase, each driving phase having a coil, a positive driving contact, and a negative driving contact to drive the motor;
a voltage measurement circuitry to measure the voltage at any driving contact or between any pair of driving contacts;
wherein the method comprises
commutating the motor by applying a pattern of positive driving voltages to the driving contacts, in which a commutation cycle is repeated with a succession of all positive driving contacts and all negative driving contacts;
pausing driving of at least one driving phase twice per commutation cycle, by pausing between driving the positive and driving the negative driving contact of the same driving phase, to open a recurring measuring window during which the driving contacts of the paused driving phase are controlled by the voltage measuring circuitry to measure a Back EMF voltage signal at or between said driving contacts;
measuring, for a sequence of measuring windows, the voltage at or between driving contacts of a driving phase and establishing, for each of the sequence of measuring windows, a convergence value representing the Back EMF voltage during the measuring window; periodically calculating, at least once for every commutation cycle k, a blockage indication value BI based on a divergence of convergence values measured at or between different driving contacts;
Galic teaches (fig.1, para’s [0043] [0044]) an electric stepper motor 102 operatively connected to the actuating assembly [motor actuating drivers 104-A, 104-B) and comprising at least one driving phase A/B, each driving phase having a coil [COIL A, COIL B], a positive driving contact [+] (of motor 102-1), and a negative driving contact [-] to drive the motor 102-1;
a voltage measurement circuitry [ADC circuitry 106-108, 118, 120] (fig.1) to measure the voltage at any driving contact [+ 112-1A or 112-1B] (of motor 102, see fig.1, para. [0044], para. [0057], fig.9);
wherein the method (figs.1-12) comprises
commutating the motor 102 by applying a pattern of positive driving voltages 502-A/502-B (see fig.5, para. [0052] or 702-A/702B, see fig.7, para. [0054]) to the driving contacts [+, -] (of motor 102, see fig.1), in which a commutation cycle [full step operation cycle 308-1, 308-2, 308-3, 308-4] is repeated with a succession of all positive driving contacts [+] (for motor Coil A/Coil B] and all negative driving contacts [-] ( for Coil A/Coil B] (see figs.1, 3);
pausing driving (measuring back-EMF 310-1, 310-3/312-2, 312-4 in non-driven stepper motor coil, see para. [0008], [0044]) of at least one driving phase [Coil A/Coil B] (figs.1, 3) twice per commutation cycle [full step operation cycle 308-1 - 308-4], see fig.3, para.[0048]-[0049], [0050]), by pausing (measuring back-EMF 310-1, 310-3/312-2, 312-4 in non-driven stepper motor coil, see para. [0008], [0044]) between driving the positive [+ of motor coil A] (see fig.1, rotation 310-2 driven high, Back-EMF 310-1 is measured, see fig.3) and driving the negative driving contact [- of motor 102 coil A] (see fig.1, rotation 310-4 driven low, Back-EMF 310-3 measured] of the same driving phase [A/B] (see figs. 1, 3 or fig.6/8), to open a recurring measuring window (see fig.3, where back-EMF 310-1, 310-3/312-2, 312-4 is measured for phase A/B, see sampling interval 906, see fig.9-10, [sample back EMF waveform at interval, see step 1208, figs.11-12, para’s [0062] thru [0067]); during which the driving contacts [+/-] (of motor 102 coil A/B, see fig.1) of the paused driving phase (said non-driven stepper motor coil, para’s [0008], [0044]) are controlled by the voltage measuring circuitry [ADC circuitry 106, 118, 120] (fig.1) to measure a Back EMF voltage signal at said driving contacts [+, -] (of motor 102 coil A/B, see fig.1, para’s [0044], [0057], figs.1, 9);
measuring, for a sequence of measuring windows (see fig.3, where back-EMF 310-1, 310-3/312-2, 312-4 is measured for phase A/B, back-EMF measurement sampling interval 906, see figs.9-10, sample back EMF waveform at interval, see step 1208, figs.11-12, para’s [0062] thru [0067], the voltage at driving contacts [+, -] of a driving phase [A/B] (figs.1-10) and establishing, for each of the sequence of measuring windows [back-EMF sampling interval 906] figs.9-10, 11-12, para’s [0062] thru [0067]), a convergence value representing the Back EMF voltage (see figs.3-10) during the measuring window [Back-EMF sampling interval 906] (figs.9-12); periodically calculating (via method 1200, fig.12), at least once for every commutation cycle [full step operation cycle 308-1 thru 308-4] (see fig.3, para. [0048]), a blockage indication value [EMF0] (for stall detection, see fig.12, para. [0067]) based on a divergence of convergence values [via Back-EMF N samples] (see figs.3-4, 7-8, 9-12) measured (via ADC circuitry 106, 118, 120] at motor driving contacts [+, -], see fig.1; Back-EMF converged/dropped down to a value 306 during motor stall condition, see fig.4, para. [0050]);
It would have been obvious to one of ordinary skilled in the art before the effective filing date of the claimed invention to have measuring, for a sequence of measuring windows, the voltage at driving contacts of a driving phase and establishing, for each of the sequence of measuring windows, a convergence value representing the Back EMF voltage during the measuring window; periodically calculating, at least once for every commutation cycle k, a blockage indication value BI based on a divergence of convergence values measured at different driving contacts, wherein the method comprises commutating the motor by applying a pattern of positive driving voltages to the driving contacts, in which a commutation cycle is repeated with a succession of all positive driving contacts and all negative driving contacts, pausing driving of at least one driving phase twice per commutation cycle, by pausing between driving the positive and driving the negative driving contact of the same driving phase, to open a recurring measuring window during which the driving contacts of the paused driving phase are controlled by the voltage measuring circuitry to measure a Back EMF voltage signal at or between said driving contacts, measuring, for a sequence of measuring windows, the voltage at or between driving contacts of a driving phase and establishing, for each of the sequence of measuring windows, a convergence value representing the Back EMF voltage during the measuring window; periodically calculating, at least once for every commutation cycle k, a blockage indication value BI based on a divergence of convergence values measured at driving contacts of Galic in the system of Das because robust stepper motor stall detection to achieve accurate zero positioning based on Back EMF measurement across the non-driven stepper motor coil (see Galic, para. [0006]; “reliable stall detection”, see para. [0068]).
2. (Original) The method according to claim 1, wherein the measuring further comprises: sampling, during each measuring window, a course of the voltage at a driving contact or the course of the voltage difference between two driving contacts of the paused driving phase, and storing the measured values in a set of convergence data, starting at a convergence offset from the beginning of the measuring window; and calculating from each set of stored convergence data one convergence value by applying a first digital filter and/or calculating a first arithmetic mean, a first weighted mean or a first median of the values in the set of convergence data;
(As to claim 2, Das teaches (figs.1-19, para’s [0002]-[0004], [0008]-[0009], [0011]) an occlusion detection and reporting method (para’s [0059], [0060], figs.13-19 using force sensor feedback measurement (via 225, fig.12a, 12b), motor back-emf feedback measurement (via 276 see figs.12a, 12b, para. [0074]).
Das does not mention the measuring further comprises: sampling, during each measuring window, a course of the voltage at a driving contact or the course of the voltage difference between two driving contacts of the paused driving phase, and storing the measured values in a set of convergence data, starting at a convergence offset from the beginning of the measuring window; and calculating from each set of stored convergence data one convergence value by applying a first digital filter and/or calculating a first arithmetic mean, a first weighted mean or a first median of the values in the set of convergence data.
Galic teaches a method 1100/1200 (figs.1-12) sampling, during each measuring interval (figs.3, 9), a course of the voltage [back EMF] (figs.3, 9,11, 12) at a driving contact [+ or -] (of motor 102 coil A/B), and storing the measured values in a set of convergence data [see step 1110-1112], fig.11, para. [0063] or steps 1208, 1216, fig.12, para’s [0065]-[0066]), starting at a convergence offset [back-emf sampling starting point 904] (after transient portion 902, see fig.9, para. [0057]) from the beginning of the measuring window [back-emf sampling interval 904-906] (see fig.9); and calculating from each set of stored convergence data one convergence value [CALIBAR] (fig.11, para. [0064] or fig.12, para. [0067]) by calculating a first arithmetic average, or geometric mean of the values in the set of convergence data [sampled back emf data] (figs. 9-10, 11, 12, para. [0008]).
It would have been obvious to one of ordinary skilled in the art before the effective filing date of the claimed invention to have sampling, during each measuring window, a course of the voltage at a driving contact or the course of the voltage difference between two driving contacts of the paused driving phase, and storing the measured values in a set of convergence data, starting at a convergence offset from the beginning of the measuring window; and calculating from each set of stored convergence data one convergence value by calculating a first arithmetic mean of the values in the set of convergence data of Galic in the system of Das because robust stepper motor stall detection to achieve accurate zero positioning based on Back EMF measurement across the non-driven stepper motor coil (see Galic, para. [0006]; “reliable stall detection”, see para. [0068]).
Claims 12 and 13 are rejected under 35 U.S.C. 103 as being obvious over Das (US Pub.No.: 2002/0128594 A1) in view of Galic (US 2011/0181229 A1).
12. (Original) The method according to claim 1, wherein the voltage measurement operates with a sampling rate of at least 1kHz, and the convergence data comprises at least 1 convergence data value obtained at a convergence offset of 0 to 1000 samples within the measuring window.
(As to claim 12, Das teaches (figs.1-19, para’s [0002]-[0004], [0008]-[0009], [0011]) an occlusion detection and reporting method (para’s [0059], [0060], figs.13-19 using force sensor feedback measurement (via 225, fig.12a, 12b), motor back-emf feedback measurement (via 276 see figs.12a, 12b, para. [0074]).
Das does not mention wherein the voltage measurement operates with a sampling rate of at least 1kHz, and the convergence data comprises at least 1 convergence data value obtained at a convergence offset of 0 to 1000 samples within the measuring window.
Galic teaches (figs.1, 3, 9-10, 11-12) a method 1100/1200 (fig.11/12) wherein the voltage measurement via ADC circuitry 106, 108, 118, 120 (fig.1) using a sampling frequency (see para. [0058]) and the convergence data [sampled data N samples] (figs.11, 12, para’s [0062] thru [0069]) within back-emf sampling interval 904-906, data point 904 is the starting sampling data offset after transient, see fig.9, para. [0057]).
Galic above discloses sampling frequency and back-emf data samples [N samples] except for sampling rate of at least 1kHz and convergence data value from 0 to 1000 samples.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have sampling rate of at least 1kHz and convergence data value from 0 to 1000 samples, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233.
13. (Original) The method according to claim 1, wherein the voltage measurement operates with a sampling rate of at least 1MHz, and the convergence data comprises at least 16 convergence data values obtained at a convergence offset of at least 184 samples within the measuring window.
(As to claim 13, Das teaches (figs.1-19, para’s [0002]-[0004], [0008]-[0009], [0011]) an occlusion detection and reporting method (para’s [0059], [0060], figs.13-19 using force sensor feedback measurement (via 225, fig.12a, 12b), motor back-emf feedback measurement (via 276 see figs.12a, 12b, para. [0074]).
Das does not mention wherein the voltage measurement operates with a sampling rate of at least 1MHz, and the convergence data comprises at least 16 convergence data values obtained at a convergence offset of at least 184 samples within the measuring window.
Galic teaches (figs.1, 3, 9-10, 11-12) a method 1100/1200 (fig.11/12) wherein the voltage measurement via ADC circuitry 106, 108, 118, 120 (fig.1) using a sampling frequency (see para. [0058]) and the convergence data [sampled data N samples] (figs.11, 12, para’s [0062] thru [0069]) within back-emf sampling interval 904-906, data point 904 is the starting sampling data offset after transient, see fig.9, para. [0057]).
Galic above discloses sampling frequency and back-emf data samples [N samples] except for sampling rate of at least 1MHz and convergence data values obtained at a convergence offset of at least 184 samples.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have sampling rate of at least 1MHz and convergence data values obtained at a convergence offset of at least 184 samples, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233.
Allowable Subject-Matter
Claims 3-11 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Claims 3-11 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter: As to claim 3, the prior art of record(s) (closest prior arts, Das and Galic) fails to teach the method according to claim 2, wherein the calculating further comprises: assigning each convergence value to the positive or to the negative driving contact of the driving phase paused to perform the voltage measurement, such that the convergence value is assigned to a driving contact to which a driving pattern has last been applied before starting the measuring window the convergence value is representing; and storing the convergence values in sequences per driving contact by storing the convergence values in sequences CPA, CPB for convergence values at the positive driving contacts PA, PB and in sequences CNA, CNB for convergence values at the negative driving contacts NA, NB. Claims 4-11 depend on allowable claim 3.
However formal requirements outstanding (Objection to drawings and specification, 35 USC § 112 rejection of claims 3-11 needs to be corrected and clarified in order for determination of allowability of claims 3-11).
Citation of pertinent prior art
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: a) Poetschke (Pub.No.: US 2020/0164142A1) teaches (figs.1-3, abstract) a method (figs.2-3) for an infusion device 100 for detection of a blocked drive (when accumulated steps number value AMS exceeds a threshold, see para’s [0038], [0099]) and reporting an Alarm S15/R18.
b) KLUG MICHAEL ET AL. EP 3142244 A1 teaches (page 9/43) method of detecting step loss for a stepper motor and related control using BEMF method (see figs.1-14, abstract). KLUG teaches “A special case of the step loss detection is also a clamping permanent magnet rotor 8. In this case, the stepper motor 1 cannot move due to a blockage, whereby a step loss occurs right at the beginning of a travel command. Blocking is always present when the load torque acting on the permanent magnet rotor 8 exceeds the maximum possible starting torque of the drive (see Fig. 12)”.
Response to Arguments
Applicant’s arguments, see remarks, filed on 07/22/2026, with respect to claims 1-17 have been fully considered. In response to restriction dated 06/15/2026 of claims 1-17, applicants’ elected invention I. claims 1-13.
Applicants’ election without traverse of claims 1-13 in the reply filed on 07/22/2026 is acknowledged.
Claims 14-17 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 07/22/2026.
Examiner advise applicants to cancel non-elected Claims 14-17 (claims 14-17 must be shown cancelled) in response to this office action.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANTONY M PAUL whose telephone number is (571)270-1608. The examiner can normally be reached M-F 8 am to 4 pm.
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/ANTONY M PAUL/
Primary Examiner of Art Unit 2837 10/14/2026
