DETAILED ACTION
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 § 101
2. 35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 1-6, 8-9, and 11-12 are rejected under 35 U.S.C. 101 because the claimed invention is directed to a judicial exception (i.e., a law of nature, a natural phenomenon, or an abstract idea) without significantly more.
In view of the new 2019 Revised Patent Subject Matter Eligibility Guidance (Federal Register Vol. 84, No. 4, January 7, 2019), the Examiner has considered the claims and has determined that under step 1, claims 1-7 are to a process and claims 8-12 are to another process.
Next under the new step 2A prong 1 analysis, the claims are considered to determine if they recite an abstract idea (judicial exception) under the following groupings: (a) mathematical concepts, (b) certain methods of organizing human activity, or (c) mental processes. The independent claims contain at least the following bolded limitations (see representative independent claims) that fall into the grouping of mathematical concepts:
1. A rotational speed estimation method for an incremental encoder, comprising:
generating a plurality of pulse signals according to a plurality of square waves;
detecting a time duration for the plurality of pulse signals to reach a predetermined number; and
generating a rotational speed of the incremental encoder according to the predetermined number, the time duration, and a total pulse number generated by one rotation of a disc of the incremental encoder.
8. A rotational speed estimation method for an incremental encoder, comprising:
generating a plurality of pulse signals according to a plurality of square waves;
detecting a plurality of time durations for the plurality of pulse signals to reach a predetermined number; and generating a rotational speed of the incremental encoder according to the predetermined number, a sum of the time durations, and a total pulse number generated by one rotation of a disc of the incremental encoder.
It is important to note that a mathematical concept need not be expressed in mathematical symbols, because "[w]ords used in a claim operating on data to solve a problem can serve the same purpose as a formula."(see MPEP 2106.04(a)(2) I.). Thus the limitations of "a rotational speed estimation method," "generating a rotational speed of the incremental encoder according to the predetermined number, the time duration, and a total pulse number generated by one rotation of a disc of the incremental encoder" and "generating a rotational speed of the incremental encoder according to the predetermined number, a sum of the time durations, and a total pulse number generated by one rotation of a disc of the incremental encoder," amount to a description in words for mathematically solving for a value of a rotational speed based on a plurality of variables.
Next in step 2A prong 2, the independent claims are analyzed to determine whether there are additional elements or combination of elements that apply, rely on, or use the judicial exception in a manner that imposes a meaningful limit on the judicial exception such that it is more than a drafting effort designed to monopolize the exception, in order to integrate the judicial exception into a practical application. These limitations have been identified and underlined above, and are not indicative of integration into a practical application because: (1) the limitations of "for an incremental encoder " amounts to generally linking the use of the judicial exception to a particular technological environment or field of use (see MPEP 2106.05(h)); and (2) the limitations of "generating a plurality of pulse signals according to a plurality of square waves" and "detecting a time duration for the plurality of pulse signals to reach a predetermined number" amount to adding insignificant extra-solution activity to the judicial exception (see MPEP 2106.05(g)) to obtain the necessary data used for the calculations.
Next in step 2B, the independent claims are considered to determine if they recite additional elements that amount to an inventive concept (“significantly more”) than the recited judicial exception, where these additional elements are also underlined. The limitations of "for an incremental encoder " amounts to generally linking the use of the judicial exception to a particular technological environment or field of use and does not add significantly more (see MPEP 2106.05(h)), as there is no further applied improvement to the functioning of the encoder. The limitations of "generating a plurality of pulse signals according to a plurality of square waves" and "detecting a time duration for the plurality of pulse signals to reach a predetermined number" amount to adding insignificant extra-solution activity to the judicial exception and does not add significantly more (see MPEP 2106.05(g)), as no particular physical structural arrangement is described for obtaining the necessary data. The MPEP states that when “Whether the limitation amounts to necessary data gathering and outputting, (i.e., all uses of the recited judicial exception require such data gathering or data output)”, the limitations can be mere data gathering or data output (see MPEP 2106.05(g) Insignificant Extra- Solution Activity, in particular item (3)).
Dependent claims 2 cand 8 contain additional limitations that amount to insignificant extrasolution data gathering to obtain a start and end time or plurality of time durations respectively, and do not amount to an integration into a practical application or significantly more (see MPEP 2106.05(g)). Dependent claims 3-5 and 12 fall under the abstract idea grouping of a mathematical concept to describe calculations for solving for the time duration, solving for a predetermined number according to a pulse number of the pulse signals and number of disc rotations, solving for a predetermined number according to a pulse number, number of disc rotations, and a compensation value, and solving for a sum of the time durations, respectively. Dependent claims 6 and 9 describe insignificant extra-solution data gathering activity (see MPEP 2106.05(g)) to describe a general structure of light sources and light sensors (as a pulse is made up of light and would require light sources/sensors in any case). Dependent claims 7 and 10 contain patent eligible subject matter because they describe a particular (and not generic) measurement arrangement for generating the pulse signals according to a first and second square wave arranged in a specific way, and amount to an integration into a practical application for applying the judicial exception by a particular machine (see MPEP 2106.05(b)).
3. An invention is not rendered ineligible for patent simply because it involves an abstract concept. Applications of such concepts "to a new and useful end" remain eligible for patent protection (see Alice Corp., 134 S. Ct. at 2354 (quoting Benson, 409 U.S. at 67)). However, "a claim for a new abstract idea is still an abstract idea" (see Synopsys v. Mentor Graphics Corp. _F.3d_, 120 U.S.P.Q. 2d1473 (Fed. Cir. 2016)). There needs to be additional elements or combination of additional elements in the claim to apply, rely on, or use the judicial exception in a manner that imposes a meaningful limit on the judicial exception or render the claim as a whole to be significantly more than the exception itself in order to demonstrate “integration into a practical application” or an “inventive concept.” For instance, particular physical arrangements for actively obtaining the measured data (as described in claims 7 and 10 for example), or further physical applications using the calculated rotational speed of the incremental encoder to drive a transformation, change in physical operation, or repair/maintenance of a technology or technical process could provide integration into a practical application to demonstrate an improvement to the technology or technical field.
Claim Rejections - 35 USC § 103
4. 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.
5. 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.
6. Claims 1, 4-10, and 12 are rejected under 35 U.S.C. 103 as being unpatentable over Xiong et al. (US Pat. Pub. 2018/0188282, hereinafter "Xiong") as modified by Watahiki (US Pat. Pub. 2011/0057822).
In regards to claim 1, Xiong teaches a rotational speed estimation method for an incremental encoder (Xiong abstract teaches a method for measuring a rotational motor speed using an incremental encoder), comprising:
generating a plurality of pulse signals (Xiong abstract and paragraph [0006] teach generating a plurality of pulse signals);
detecting a time duration for the plurality of pulse signals to reach a predetermined number (Xiong abstract and paragraph 0006] teach detecting a time duration T0 measured between the time point when the pulse is last received in the previous measuring period and the time point when the pulse is last received in the current measuring period, over which the number of pulses in the current measuring period is a predetermined number K); and
generating a rotational speed of the incremental encoder according to the predetermined number, the time duration, and a total pulse number generated by one rotation of a disc of the incremental encoder (Xiong abstract and paragraph [0006] teach an equation for generating a rotational speed v of the motor as detected by the incremental encoder according to the predetermined number K, the time duration T0, and a total pulse number K0 generated by one turn of a motor (having a rotor disc as described in paragraph [0021]) associated with the incremental encoder).
Xiong fails to expressly teach a plurality of square waves.
Watahiki paragraph [0002] teaches the use of a pulse generating device for detecting a rotational speed of a rotator, and paragraph [0034] teaches a rotational speed control device including an encoder, motor, pulse detector, and pulse generator. Watahiki Fig. 6 and paragraph [0066] teaches where pulse signals are generated by a pulse generator and have a square waveform. It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to further combine the teachings of Watahiki because it is well known to generate pulses having a square waveform in rotational speed measurement applications. Therefore, it would only be a matter of ordinary skill to specify that the generated pulses take on the form of a square waveform, as is commonly used in the art.
In regards to claim 4, Xiong teaches the method further comprising generating the predetermined number according to a pulse number of the pulse signals (Xiong abstract and paragraph [0006] teach generating a number K according to a pulse number of the pulse signals), and the number of rotations of the disc for generating the pulse number of the pulse signals (Xiong paragraph [0021] teaches where the number of pulses reflects the change of rotation angle of a rotor (disc) of the motor).
In regards to claim 5, Xiong teaches the method further comprising generating the predetermined number according to a pulse number of the pulse signals (Xiong abstract and paragraph [0006] teach generating a number K according to a pulse number of the pulse signals), the number of rotations of the disc for generating the pulse number of the pulse signals (Xiong paragraph [0021] teaches where the number of pulses reflects the change of rotation angle of a rotor (disc) of the motor), and a compensation value (Xiong paragraph [0009] teaches a time-related compensation value for the K complete pulse signals that accounts for a duration between a time point when a pulse is last received in a previous measuring period and a time point when the previous measuring period ends, and a second duration measured between a time point when a pulse is last received in the current measuring period and a time point when the current measuring period ends).
In regards to claim 6, Xiong teaches the method as explained in the rejection of claim 1 above. Xiong fails to expressly teach further comprising: generating the square waves according to a plurality of light sources and a plurality of light sensors.
Watahiki paragraph [0002] teaches the use of a pulse generating device for detecting a rotational speed of a rotator, and paragraph [0034] teaches a rotational speed control device including an encoder, motor, pulse detector, and pulse generator. Watahiki Fig. 6 and paragraph [0066] teaches where pulse signals are generated by a pulse generator and have a square waveform. Watahiki abstract teaches where a pulse generating device may include a plurality of pulse generators, and Watahiki paragraph [0036] teaches where each pulse generator is provided with a light irradiating element and a light receiving element. It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to further combine the teachings of Watahiki because it is well known for a pulse generation device to include multiple pulse generators each comprising a light source and a light detector. Therefore, it would only be a matter of ordinary skill to specify generating a plurality of square waves according to a plurality of light sources and light sensors, as such a physical embodiment of a pulse generation device is commonly used in the art for rotation speed measurement applications.
In regards to claim 7, Xiong teaches the method as explained in the rejection of claim 1. Xiong fails to expressly teach wherein generating the plurality of pulse signals according to the square waves comprises: generating the pulse signals according to a first square wave and a second square wave, the second square wave having a same period as the first square wave, and a phase difference between the second square wave and the first square wave being 90 degrees.
Watahiki paragraph [0002] teaches the use of a pulse generating device for detecting a rotational speed of a rotator, and paragraph [0034] teaches a rotational speed control device including an encoder, motor, pulse detector, and pulse generator. Watahiki Fig. 6 and paragraph [0066] teaches where pulse signals are generated by a pulse generator and have a square waveform. Watahiki abstract teaches where a pulse generating device may include a plurality of pulse generators, and Watahiki paragraph [0036] teaches where each pulse generator is provided with a light irradiating element and a light receiving element. Watahiki Fig. 6 and paragraph [0065] teaches generating pulse signals according to a first square wave from a first pulse generator 32a and a second square wave from a second pulse generator 32b, where the square waves have the same periods according to the same natural integer n but are different in phase. Watahiki paragraph [0007] teaches where the phase difference between encoder sensors can be 90 degrees. It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to further combine the teachings of Watahiki because it is well known for a pulse generation device to include multiple pulse generators configured to produce square waves at certain configurable periods and phases. Therefore, it would only be a matter of design choice to specify generating a first square wave and second square wave having the same periods but phases offset by 90 degrees, as multiple configurations of the generated pulses can be used for rotation speed measurement applications.
In regards to claim 8, Xiong teaches a rotational speed estimation method for an incremental encoder (Xiong abstract teaches a method for measuring a rotational motor speed using an incremental encoder), comprising:
generating a plurality of pulse signals (Xiong abstract and paragraph [0006] teach generating a plurality of pulse signals);
detecting a plurality of time durations for the plurality of pulse signals to reach a predetermined number (Xiong abstract and paragraph 0006] teach detecting a plurality of time durations including a first duration Sn-1 measured between a time point when a pulse is last received in a previous measuring period and a time point when the previous measuring period ends, and a second duration Sn measured between a time point when a pulse is last received in the current measuring period and a time point when the current measuring point ends, over which a number of pulses in the current measuring period reaches a predetermined number K); and
generating a rotational speed of the incremental encoder according to the predetermined number, a sum of the time durations, and a total pulse number generated by one rotation of a disc of the incremental encoder (Xiong abstract and paragraph [0006] teach an equation for generating a rotational speed v of the motor as detected by the incremental encoder according to the predetermined number K, a sum of the time durations for calculating a value of a time duration T0, and a total pulse number K0 generated by one turn of a motor (having a rotor disc as described in paragraph [0021]) associated with the incremental encoder).
Xiong fails to expressly teach a plurality of square waves.
Watahiki paragraph [0002] teaches the use of a pulse generating device for detecting a rotational speed of a rotator, and paragraph [0034] teaches a rotational speed control device including an encoder, motor, pulse detector, and pulse generator. Watahiki Fig. 6 and paragraph [0066] teaches where pulse signals are generated by a pulse generator and have a square waveform. It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to further combine the teachings of Watahiki because it is well known to generate pulses having a square waveform in rotational speed measurement applications. Therefore, it would only be a matter of ordinary skill to specify that the generated pulses take on the form of a square waveform, as is commonly used in the art.
In regards to claim 9, Xiong teaches the method as explained in the rejection of claim 8 above. Xiong fails to expressly teach further comprising: generating the square waves according to a plurality of light sources and a plurality of light sensors.
Watahiki paragraph [0002] teaches the use of a pulse generating device for detecting a rotational speed of a rotator, and paragraph [0034] teaches a rotational speed control device including an encoder, motor, pulse detector, and pulse generator. Watahiki Fig. 6 and paragraph [0066] teaches where pulse signals are generated by a pulse generator and have a square waveform. Watahiki abstract teaches where a pulse generating device may include a plurality of pulse generators, and Watahiki paragraph [0036] teaches where each pulse generator is provided with a light irradiating element and a light receiving element. It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to further combine the teachings of Watahiki because it is well known for a pulse generation device to include multiple pulse generators each comprising a light source and a light detector. Therefore, it would only be a matter of ordinary skill to specify generating a plurality of square waves according to a plurality of light sources and light sensors, as such a physical embodiment of a pulse generation device is commonly used in the art for rotation speed measurement applications.
In regards to claim 10, Xiong teaches the method as explained in the rejection of claim 8. Xiong fails to expressly teach wherein generating the plurality of pulse signals according to the square waves comprises: generating the pulse signals according to a first square wave and a second square wave, the second square wave having a same period as the first square wave, and a phase difference between the second square wave and the first square wave being 90 degrees.
Watahiki paragraph [0002] teaches the use of a pulse generating device for detecting a rotational speed of a rotator, and paragraph [0034] teaches a rotational speed control device including an encoder, motor, pulse detector, and pulse generator. Watahiki Fig. 6 and paragraph [0066] teaches where pulse signals are generated by a pulse generator and have a square waveform. Watahiki abstract teaches where a pulse generating device may include a plurality of pulse generators, and Watahiki paragraph [0036] teaches where each pulse generator is provided with a light irradiating element and a light receiving element. Watahiki Fig. 6 and paragraph [0065] teaches generating pulse signals according to a first square wave from a first pulse generator 32a and a second square wave from a second pulse generator 32b, where the square waves have the same periods according to the same natural integer n but are different in phase. Watahiki paragraph [0007] teaches where the phase difference between encoder sensors can be 90 degrees. It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to further combine the teachings of Watahiki because it is well known for a pulse generation device to include multiple pulse generators configured to produce square waves at certain configurable periods and phases. Therefore, it would only be a matter of design choice to specify generating a first square wave and second square wave having the same periods but phases offset by 90 degrees, as multiple configurations of the generated pulses can be used for rotation speed measurement applications.
In regards to claim 12, Xiong teaches further comprising summing the plurality of time durations to generate the sum of the time durations (Xiong abstract and paragraph [0006] teach summing the plurality of intermediate time durations Sn-1 and Sn in the calculation of a third duration T0 that encompasses between the time point when the pulse is last received in the previous measuring period and the time point when the pulse is last received in the current measuring period).
7. Claims 2-3 and 11 are rejected under 35 U.S.C. 103 as being unpatentable over Xiong et al. (US Pat. Pub. 2018/0188282, hereinafter "Xiong") as modified by Watahiki (US Pat. Pub. 2011/0057822) as applied to claim 1 or 8 above, and further in view of Kim (US Pat. Pub. 2017/0038755).
In regards to claim 2, Xiong teaches the method as explained in the rejection of claim 1 above.
Xiong fails to expressly teach wherein detecting the time duration for the plurality of pulse signals to reach the predetermined number comprises: using a direct memory access (DMA) to access a start time and an end time of generating the plurality of pulse signals.
Kim paragraph [0053] teaches where a direct memory access (DMA) unit latches a count value at an input time of an encoder pulse signal whenever the encoder pulse signal is input to a specific memory. Kim paragraph [0056] teaches when receiving a rising edge and a falling edge of an external interrupt, the DM may latch the count value generated by the counter to the specific memory, and a speed measurement unit calculates an average interval of the encoder pulse signal using the counter value at the input time of the encoder pulse signal, thereby measuring an encoder speed.
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to further combine the teachings of Kim because a direct memory access (DMA) allows for latching a count value to an input time of an encoder pulse signal. Therefore, it would be well within the level of ordinary skill to specify the use of a DMA to associate a time value with the start and end of an encoder pulse signal interval according to meeting a corresponding count value.
In regards to claim 3, Xiong teaches the method wherein detecting the time duration for the plurality of pulse signals to reach the predetermined number further comprises:
generating the time duration based on the start time and the end time (Xiong abstract and paragraph [0006] teach generating the time duration based on the start time of when a pulse is last received in the previous measuring period to an end time of a time point when the pulse is last received in the current measuring period).
In regards to claim 11, Xiong teaches the method as explained in the rejection of claim above. Xiong fails to expressly teach further comprising: accessing the plurality of time durations using a plurality of direct memory accesses (DMA).
Kim paragraph [0053] teaches where a direct memory access (DMA) unit latches a count value at an input time of an encoder pulse signal whenever the encoder pulse signal is input to a specific memory. Kim paragraph [0056] teaches when receiving a rising edge and a falling edge of an external interrupt, the DM may latch the count value generated by the counter to the specific memory, and a speed measurement unit calculates an average interval of the encoder pulse signal using the counter value at the input time of the encoder pulse signal, thereby measuring an encoder speed.
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to further combine the teachings of Kim because a direct memory access (DMA) allows for latching a count value to an input time of an encoder pulse signal. Therefore, it would be well within the level of ordinary skill to specify the use of a DMA to associate a time value with the start and end of an encoder pulse signal interval according to meeting a corresponding count value.
Pertinent Art
8. Applicants are directed to consider additional pertinent prior art included on the Notice of References Cited (PTOL 892) attached herewith. The Examiner has pointed out particular references contained in the prior art of record within the body of this action for the convenience of the Applicant. Although the specified citations are representative of the teachings in the art and are applied to the specific limitations within the individual claim, other passages and figures may apply. Applicant, in preparing the response, should consider fully the entire reference as potentially teaching all or part of the claimed invention, as well as the context of the of the passage as taught by the prior art or disclosed by the Examiner. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
D. Tsuji (US Pat. Pub. 2005/0231191) discloses a Tachometer Pulse Detection Method and Circuit. E. Reichert et al. (US Pat. Pub. 2010/0072938) discloses Encoder Eccentricity Correction for Motion Control Systems.
F. Ueno et al. (US Pat. Pub. 2023/0048463) discloses a Rotary Encoder.
Conclusion
9. Any inquiry concerning this communication or earlier communications from the examiner should be directed to PAUL D LEE whose telephone number is (571)270-1598. The examiner can normally be reached on M to F, 9:30 am to 6 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Arleen Vazquez can be reached at 571-272-2619. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/PAUL D LEE/Primary Examiner, Art Unit 2857 3/6/2026