Prosecution Insights
Last updated: April 19, 2026
Application No. 18/449,799

SYSTEM AND METHOD FOR VIBRATION-BASED ROTATIONAL SPEED MEASUREMENT

Non-Final OA §102§103
Filed
Aug 15, 2023
Examiner
FADUL, PHILIPMARCUS T
Art Unit
2852
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Cornell Pump Company LLC
OA Round
1 (Non-Final)
81%
Grant Probability
Favorable
1-2
OA Rounds
2y 7m
To Grant
93%
With Interview

Examiner Intelligence

Grants 81% — above average
81%
Career Allow Rate
401 granted / 494 resolved
+13.2% vs TC avg
Moderate +12% lift
Without
With
+11.7%
Interview Lift
resolved cases with interview
Typical timeline
2y 7m
Avg Prosecution
26 currently pending
Career history
520
Total Applications
across all art units

Statute-Specific Performance

§101
0.6%
-39.4% vs TC avg
§103
48.2%
+8.2% vs TC avg
§102
32.7%
-7.3% vs TC avg
§112
16.0%
-24.0% vs TC avg
Black line = Tech Center average estimate • Based on career data from 494 resolved cases

Office Action

§102 §103
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 . Claim Rejections - 35 USC § 102 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 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)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention. (a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention. Claim(s) 1, 4-7, 10-14, 16, 17-19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 20170066464 (herein Carter). Regarding claim 1, Carter teaches A method performed by a sensor device affixed to rotating machinery (smart wheel, [0256]), comprising: receiving, by a processor in the sensor device (processor 138, [0038]), a measurement request, wherein the measurement request is provided from a user device via a wireless communication interface (system begins to monitor cart position when the cart 122 leaves a store exit 126, [0037]; Note that it is inherent that a user would push the cart 122 through the exit; a communication system 330 to communicate, [0057]; can be Bluetooth Low Energy, [0220]); receiving, by the processor, data samples from a vibration sensor in the sensor device (vibration sensor 415, [0068]; system accumulates raw vibration data, [0114]); generating, by the processor, an acceleration spectrum based on the data samples (FIG. 10A shows the Power Spectral Density (PSD) of the same data set, but calculated using Thomson's multitaper method as implemented in the MATLAB® Signal Processing Toolbox pmtm function, [0135], which corresponds to the acceleration spectrum as it shows acceleration plotted against frequency); detecting, by the processor, peaks in the acceleration spectrum (search algorithm for vibration peaks, [0124])); selecting, by the processor and from the detected peaks, a shaft frequency peak and its associated harmonic peaks (Algorithms useful for feature extractions to obtain signatures include: (1) Bulk Fast Fourier Transform (FFT) at high spectral resolution, searching for clear harmonic content; (2) Discrete Fourier Transform (DFT) over a range of frequencies corresponding to the plausible range of the wheels' instantaneous angular velocities, searching for maximum energy migration into plausible harmonic peaks, [0144]; see also [1046]-[0148] for harmonic content and candidate peaks); calculating, by the processor, a rotational speed value based on a highest-frequency peak of the shaft frequency peak and its associated harmonic peaks (dead reckoning system can estimate the wheel rotation rate based at least in part on identifying a peak in an acceleration spectrum associated with the acceleration data. Some implementations can validate an estimated wheel rotation rate by determining a presence of a second peak and third peak, [0142]); and sending, by the processor, the rotational speed value to the user device via the wireless communication interface (dead reckoning can advantageously supply speed information, [0279]; dead reckoning system can communicate via Bluetooth Low Energy with a handheld device such as a smartphone or tablet, [0259]). Regarding claim 4, Carter teaches automatically initiating, by the processor, a sleep state for the sensor device after the sending (preserve energy consumption by the smart positioning system from a low-power (e.g., sleep) state, [0071]). Regarding claim 5, Carter teaches wherein sending the rotational speed value comprises: sending the rotational speed value to the user device via a wireless personal area network (WPAN) (processes may be implemented in personal area networks (PAN)… network may be a wired or a wireless network, [0369]). Regarding claim 6, Carter teaches wherein sending the rotational speed value further comprises: transmitting the rotational speed value with a unique identifier for the sensor device (dead reckoning can advantageously supply speed information, [0279]; wheel and the dead reckoning system can have unique media access control (MAC) addresses on their RF (e.g., 2.4 GHz) links, [0260]). Regarding claim 7, Carter teaches A sensor device for rotating machinery (smart positioning system, Fig. 15A), the sensor device comprising: an electronics assembly (see 1500, Fig. 15A) comprising: a vibration sensor (vibration sensor 1535, [0219]), a wireless communications interface for exchanging data with a user device (2.4 Ghz transceiver 1525, [0223]), a battery (battery, [0223]), and a processor (microcontroller 1530, [0225]) configured to: receive data samples from the vibration sensor (system accumulates raw vibration data, [0114]), generate an acceleration spectrum based on the data samples (FIG. 10A shows the Power Spectral Density (PSD) of the same data set, but calculated using Thomson's multitaper method as implemented in the MATLAB® Signal Processing Toolbox pmtm function, [0135], which corresponds to the acceleration spectrum as it shows acceleration plotted against frequency), detect peaks in the acceleration spectrum (search algorithm for vibration peaks, [0124]), select, from the detected peaks, a shaft frequency peak and its associated harmonic peaks (Algorithms useful for feature extractions to obtain signatures include: (1) Bulk Fast Fourier Transform (FFT) at high spectral resolution, searching for clear harmonic content; (2) Discrete Fourier Transform (DFT) over a range of frequencies corresponding to the plausible range of the wheels' instantaneous angular velocities, searching for maximum energy migration into plausible harmonic peaks, [0144]; see also [1046]-[0148] for harmonic content and candidate peaks), calculate a rotational speed value based on a highest-frequency peak of the shaft frequency peak and its associated harmonic peaks (dead reckoning system can estimate the wheel rotation rate based at least in part on identifying a peak in an acceleration spectrum associated with the acceleration data. Some implementations can validate an estimated wheel rotation rate by determining a presence of a second peak and third peak, [0142]), and send the rotational speed value to the user device via the wireless communication interface (dead reckoning can advantageously supply speed information[0279]; dead reckoning system can communicate via Bluetooth Low Energy with a handheld device such as a smartphone or tablet, [0259]); an enclosure for the electronics assembly (Fig. 17 shows housing of smart positioning system 1605, [0228]); and an attachment element to rigidly secure the enclosure to the rotating machinery (protrusion 1710 is the mounting mechanism for placing the smart positioning system on the handle of a shopping cart, [0228]). Regarding claim 10, Carter teaches wherein the processor is further configured to: automatically initiate a sleep state for the sensor device after the sending (preserve energy consumption by the smart positioning system from a low-power (e.g., sleep) state, [0071]). Regarding claim 11, Carter teaches wherein the sensor device is configured to attach to the rotating machinery as a single element (the dead reckoning system is attached to the handle of the cart, [0265], see attachment in Fig. 16). Regarding claim 12, Carter teaches wherein the vibration sensor includes a single-axis Micro-Electromechanical System (MEMS) accelerometer (vibration sensing function is performed by the accelerometer 410, [0068]; accelerometer 410 can be a microelectromechanical systems (MEMS) accelerometer, while some other implementations may use a single-axis accelerometer, [0067]). Regarding claim 13, Carter teaches wherein the wireless communications interface includes an interface for a wireless personal area network (WPAN) (processes may be implemented in personal area networks (PAN)… network may be a wired or a wireless network, [0369]).. Regarding claim 14, Carter teaches wherein, when sending the rotational speed value, the processor is further configured to: transmit a unique identifier associated with the rotating machinery (dead reckoning can advantageously supply speed information, [0279]; wheel and the dead reckoning system can have unique media access control (MAC) addresses on their RF (e.g., 2.4 GHz) links, [0260]). Regarding claim 16, Carter teaches A system for monitoring rotational speed of rotating machinery, the system comprising: a sensor device (smart positioning system, Fig. 15A) including: an electronics assembly (see 1500, Fig. 15A) comprising: a vibration sensor (vibration sensor 1535, [0219]), a wireless communications interface for exchanging data with a user device (2.4 Ghz transceiver 1525, [0223]), a battery (battery, [0223]), and a first processor (microcontroller 1530, [0225]) configured to: receive a measurement request from the user device (system begins to monitor cart position when the cart 122 leaves a store exit 126, [0037]), receive data samples from the vibration sensor (system accumulates raw vibration data, [0114]), generate an acceleration spectrum based on the data samples (FIG. 10A shows the Power Spectral Density (PSD) of the same data set, but calculated using Thomson's multitaper method as implemented in the MATLAB® Signal Processing Toolbox pmtm function, [0135], which corresponds to the acceleration spectrum as it shows acceleration plotted against frequency), detect peaks in the acceleration spectrum (search algorithm for vibration peaks, [0124]), select, from the detected peaks, a shaft frequency peak and its associated harmonic peaks (Algorithms useful for feature extractions to obtain signatures include: (1) Bulk Fast Fourier Transform (FFT) at high spectral resolution, searching for clear harmonic content; (2) Discrete Fourier Transform (DFT) over a range of frequencies corresponding to the plausible range of the wheels' instantaneous angular velocities, searching for maximum energy migration into plausible harmonic peaks, [0144]; see also [1046]-[0148] for harmonic content and candidate peaks), calculate a rotational speed value based on a highest-frequency peak of the shaft frequency peak and its associated harmonic peaks (dead reckoning system can estimate the wheel rotation rate based at least in part on identifying a peak in an acceleration spectrum associated with the acceleration data. Some implementations can validate an estimated wheel rotation rate by determining a presence of a second peak and third peak, [0142]), and send the rotational speed value to the user device via the wireless communication interface (dead reckoning can advantageously supply speed information[0279]; dead reckoning system can communicate via Bluetooth Low Energy with a handheld device such as a smartphone or tablet, [0259]); an enclosure for the electronics assembly (Fig. 17 shows housing of smart positioning system 1605, [0228]); and an attachment element to rigidly secure the enclosure to the rotating machinery (protrusion 1710 is the mounting mechanism for placing the smart positioning system on the handle of a shopping cart, [0228]). Regarding claim 17, Carter teaches a user device including: a second wireless communications interface for exchanging data with the sensor device; a memory to store instructions; and a second processor configured to execute the instructions to: establish a communication session with the sensor device, send a measurement request to the sensor device, receive, from the sensor device, the rotational speed value, and present, to a user, the rotational speed value (the dead reckoning system can include a mechanism by which a service technician can initiate a service/maintenance mode, [0257]; dead reckoning system can communicate via Bluetooth Low Energy with a handheld device such as a smartphone or tablet, [0259]; Note that smartphones and tablets will inherently have memory, processor, etc. for claimed functions intended to be used by service technician). Regarding claim 18, Carter teaches a network device configured to: receive, from the user device, the rotational speed value, and store the rotational speed value for the rotating machinery (processes, methods, and systems may be implemented in a network (or distributed) computing environment, [0369]; memory capable of storing computer-readable (e.g., storage) medium, [0368]; dead reckoning can advantageously supply speed information, [0279]; dead reckoning system can communicate via Bluetooth Low Energy with a handheld device such as a smartphone or tablet, [0259]). Regarding claim 19, Carter teaches wherein the sensor device is configured to attach to the rotating machinery as a single element (the dead reckoning system is attached to the handle of the cart, [0265], see attachment in Fig. 16). 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 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. 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 nonobviousness. Claim(s) 2, 8, and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Carter as applied to claims 1, 7, and 16 above, and further in view of US 20080069364 (herein Itou). Regarding claims 2, 8, and 20, Carter does not teach, generating “a spectral envelope for the acceleration spectrum, and identify, as the peaks, bins in the acceleration spectrum that exceed a boundary of the spectral envelope.” However, Itou teaches it is known in the art to calculate a spectral envelope S2 from a spectrum to detect a spectral peak based on the envelope ([0117]). [0073] teaches peaks are identified when setting threshold level TL (corresponding to boundary). It would have been obvious to one of ordinary skill in the art to utilize the peak detection of Itou into the vibration spectrum of Carter. One would have been motivated to do so for at least the purpose of separating non-stationary events from stationary events ([0117]) for subsequent processing. Claim(s) 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 20220004179 (herein Badkoubeh) in view of Carter as applied to claim 7 above. Regarding claim 15, Badkoubeh teaches rotating machinery including a submersible pump ([0131]). Badkoubeh does not teach the method according to claim 1.However, Carter teaches such a method is known in the art (see rejection for claim 1 above). It would have been obvious to one of ordinary skill in the art before the time of filing to attach the vibration peak analysis and detection of Carter to the submersible pump of Badkoubeh. One would have been motivated to combine for at least the purpose of determining faults, because Badkoubeh states determining and analyzing peaks and their harmonics can assist with determining faults ([0045]-[0048]). Allowable Subject Matter Claims 3 and 9 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. Regarding claims 3 and 9, the prior art does not teach, “wherein generating the spectral envelope comprises: computing a slope from a first bin to each of one or more subsequent higher-frequency bins, comparing a highest computed slope to a pre-identified maximum slope, and calculating an envelope value from the first bin to the next bin based on the lower of the highest computed slope and the pre-identified maximum slope.” Itou remains relevant art because it teaches spectral envelope (S2, Fig. 5) but does not teach slope computation between corresponding bins (which is portions of the signal that exceed threshold level TL). Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to PHILIP FADUL whose telephone number is (571)272-5411. The examiner can normally be reached Mon-Thurs 8pm-6pm. 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, Walter Lindsay can be reached at (571) 272-1674. 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. /WALTER L LINDSAY JR/Supervisory Patent Examiner, Art Unit 2852 /PHILIP T FADUL/Examiner, Art Unit 2852
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Prosecution Timeline

Aug 15, 2023
Application Filed
Jan 09, 2026
Non-Final Rejection — §102, §103 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
81%
Grant Probability
93%
With Interview (+11.7%)
2y 7m
Median Time to Grant
Low
PTA Risk
Based on 494 resolved cases by this examiner. Grant probability derived from career allow rate.

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