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 § 112
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.
Claim 23 is 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.
Regarding claim 23, the phrase "in particular" renders the claim indefinite because it is unclear whether the limitation(s) following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
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)(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.
Claims 1-5, 8-16 and 18-31 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Weber (U.S. Publication No. 20200256709).
Regarding claim 1, Weber teaches a signal processing device for a rotary measuring device having a rotary measuring sensor and a rotary scale body having a feature number of measurement features, comprising: a non-transitory computer readable medium having program code stored thereon; said program code being configured, when executed by a processor, to cause the signal processing device to provide a plurality of chronologically successive message sequences (Paragraphs 47-48); each of said message sequences having a message number of successive messages such that chronologically successive messages are chronologically successively assigned to locally adjacent measurement features, wherein the measurement features interact with the rotary measuring sensor, and each of the messages is provided in a message kind selected from a predetermined number of message kinds; the message of the successive messages arranged at a selection position of the message sequence being a message of a predetermined kind which describes a feature property of the assigned measurement features (Paragraphs 54-58); the successive message sequences having a first message sequence and a second message sequence (Figs. 5-8, 502, 602 and 702 and paragraphs 54-64); and, the signal processing device being configured to select the selection position for the message sequences such that a first selection position for a first message of the predetermined kind is provided for the first message sequence, and a second selection position for a second message of the same predetermined kind is provided for the second message sequence (Figs. 5-8, 502, 602 and 702 and paragraphs 54-64).
Regarding claim 2, Weber teaches wherein the signal processing device is configured to select the selection position for each of the plurality of message sequences (Figs. 5-8 and paragraphs 54-64, each shift buffer has the first number of teeth as the selection position).
Regarding claim 3, Weber teaches wherein the message of the predetermined kind is a status message (Figs. 5-8 and paragraphs 54-64, the status can be values 1, 2 or 3).
Regarding claim 4, Weber teaches wherein the message of the predetermined kind is a peak-to-peak message describing an amplitude of a local measurement signal change of the rotary measuring sensor, or a temperature message describing a temperature at the rotary measuring sensor (Figs. 5-8 and paragraphs 54-64, values 1, 2 or 3).
Regarding claim 5, Weber teaches an identification unit configured to recognize the message kind of the message on the basis of a property identifier (Figs. 5-8 and paragraphs 54-64, height of the teeth).
Regarding claim 8, Weber teaches wherein the signal processing device is configured to select the selection position as a function of at least one of a revolution of the rotary scale body and the message sequences (Figs. 5-8 and paragraphs 54-64).
Regarding claim 9, Weber teaches wherein the signal processing device is configured to provide the selection position for each revolution number of revolutions of the rotary scale body or for each sequence number of the message sequences, wherein the first selection position and the second selection position are part of an integral number series (Figs. 5-8 and paragraphs 54-64).
Regarding claim 10, Weber teaches wherein the signal processing device is configured to adapt the number series by an integral amount for at least one of each revolution number and sequence number (Figs. 5-8 and paragraphs 54-64).
Regarding claim 11, Weber teaches wherein the signal processing device is configured to provide a sequence position ascending integrally with at least one of each revolution number and sequence number as the selection position (Figs. 5-8 and paragraphs 54-64).
Regarding claim 12, Weber teaches wherein the signal processing device is configured to select a randomly generated random number as the selection position, wherein: a first random number is to be generated for the first selection position and a second random number is to be generated for the second selection position; and, the first and second random number can assume an integral value between a value zero and a value of the message number (Figs. 5-8 and paragraphs 54-64).
Regarding claim 13, Weber teaches wherein the message sequences include a first message of the predetermined kind of a first type with the selection position of a first position type and a second message of the predetermined kind of a second type with the second selection position of a second position type (Figs. 5-8 and paragraphs 54-64).
Regarding claim 14, Weber teaches wherein the selection position of the second position type is arranged at a last sequence position of each message sequence, wherein the second message of the predetermined kind indicates an end of each message sequence on a basis of a property identifier (Figs. 5-8 and paragraphs 54-64).
Regarding claim 15, Weber teaches an encoding unit configured for at least one of encoding and decoding information; and, the encoding being effected by an arrangement of at least one message of the predetermined kind at a sequence position in a message sequence (Figs. 5-8 and paragraphs 54-64 and 71-77).
Regarding claim 16, Weber teaches wherein the information is at least one of index information and useful information (Figs. 5-8 and paragraphs 54-64 and 71-77).
Regarding claim 18, Weber teaches a rotary measuring device for a rotating part, the rotary measurement device comprising: a rotary measuring sensor having a measurement value pickup (Paragraph 43); a rotary scale body having a feature number of measurement features (As shown in Fig.4); a signal processing device connected to the measurement value pickup in a signal-carrying manner; said signal processing device being configured to provide a plurality of chronologically successive message sequences (Paragraphs 47-48); each of said message sequences having a message number of successive messages such that chronologically successive messages are chronologically successively assigned to locally adjacent measurement features, wherein the measurement features interact with the rotary measuring sensor, and each of the messages is provided in a message kind selected from a predetermined number of message kinds; the message of the successive messages arranged at a selection position of the message sequences being a message of a predetermined kind which describes a feature property of the assigned measurement features (Paragraphs 54-58); the successive message sequences having a first message sequence and a second message sequence (Figs. 5-8, 502, 602 and 702 and paragraphs 54-64); and, said signal processing device being configured to select the selection position for the message sequences such that a first selection position for a first message of the predetermined kind is provided for the first message sequence, and a second selection position for a second message of the same predetermined kind is provided for the second message sequence (Figs. 5-8, 502, 602 and 702 and paragraphs 54-64).
Regarding claim 19, Weber teaches wherein the measurement features are arranged at least one of along a circular path and equidistantly (As shown in Fig.4).
Regarding claim 20, Weber teaches wherein the rotary scale body is configured as a toothed wheel (As shown in Fig.4).
Regarding claim 21, Weber teaches wherein the rotary scale body is a toothed wheel and a measurement feature is a tooth tip, a tooth valley, or a tooth-valley pairing including the tooth tip and the tooth valley (As shown in Fig.4).
Regarding claim 22, Weber teaches wherein the rotating part is a shaft of a vehicle or a wheel of the vehicle (Paragraphs 41-47).
Regarding claim 23, Weber teaches (As best understood by the Examiner) a rotary measuring system comprising: at least one rotary measuring device having a rotary measuring sensor including a measurement value pickup (Paragraph 43); said at least one rotary measuring device further having a rotary scale body having a feature number of measurement features (As shown in Fig.4); said at least one rotary measuring device further having a signal processing device connected to the measurement value pickup in a signal-carrying manner; said signal processing device being configured to provide a plurality of chronologically successive message sequences (Paragraphs 47-48); each of said message sequences having a message number of successive messages such that chronologically successive messages are chronologically successively assigned to locally adjacent measurement features, wherein the measurement features interact with the rotary measuring sensor, and each of the messages is provided in a message kind selected from a predetermined number of message kinds; the message of the successive messages arranged at a selection position of the message sequence being a message of a predetermined kind which describes a feature property of the assigned measurement features (Paragraphs 54-58); the successive message sequences having a first message sequence and a second message sequence (Figs. 5-8, 502, 602 and 702 and paragraphs 54-64); said signal processing device being configured to select the selection position for the message sequences such that a first selection position for a first message of the predetermined kind is provided for the first message sequence, and a second selection position for a second message of the same predetermined kind is provided for the second message sequence; and, an assignment unit configured to assign the message of the predetermined kind arranged at the selection position of the message sequences, in particular a status message of a message sequence, to a measurement feature (Figs. 5-8, 502, 602 and 702 and paragraphs 54-64).
Regarding claim 24, Weber teaches wherein the message is a status message of the message sequence (Figs. 5-8 and paragraphs 54-64, the status can be values 1, 2 or 3).
Regarding claim 25, Weber teaches at least one of an assignment memory and an assignment table, which is configured to store in each case an assigned message of the predetermined kind, for one or more measurement features (Figs. 5-8, 502, 602 and 702 and paragraphs 54-64).
Regarding claim 26, Weber teaches at least one of an assignment memory and an assignment table, which is configured to store a value tuple for one or more measurement features (Figs. 5-8, 502, 602 and 702 and paragraphs 54-64).
Regarding claim 27, Weber teaches a diagnostic unit configured to recognize at least one of a fault state and an operating state depending on the at least one measurement feature assigned to the message of the predetermined kind (Paragraphs 116-118).
Regarding claim 28, Weber teaches a diagnostic unit configured to recognize at least one of a fault state and an operating state depending on at least one value tuple (Paragraphs 116-118).
Regarding claim 29, Weber teaches a vehicle comprising the signal processing device of claim 1 (Paragraphs 41-47).
Regarding claim 30, Weber teaches a vehicle comprising the rotary measuring device of claim 18 (Paragraphs 41-47).
Regarding claim 31, Weber teaches a vehicle comprising the rotary measuring system of claim 23 (Paragraphs 41-47).
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 6-7 are rejected under 35 U.S.C. 103 as being unpatentable over Weber (U.S. Publication No. 20200256709).
Regarding claim 6, Weber teaches all the features of claim 5 as outlined above, Weber is silent about wherein the property identifier is formed by two message bits of each message.
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to make the property identifier formed by two message bits of each message, since it has been held to be within the general skill of a worker in the art to apply a known technique to a known device (method, or product) ready for improvement to yield predictable results is obvious. KSR International Co. v Teleflex Inc., 550 U.S. 398, 82 USPQ2d 1385 (2007).
Regarding claim 7, Weber teaches all the features of claim 5 as outlined above, Weber is silent about wherein the property identifier is formed by a first two message bits of each message.
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to make the property identifier formed by a first two message bits of each message, since it has been held to be within the general skill of a worker in the art to apply a known technique to a known device (method, or product) ready for improvement to yield predictable results is obvious. KSR International Co. v Teleflex Inc., 550 U.S. 398, 82 USPQ2d 1385 (2007).
Claim 17 is rejected under 35 U.S.C. 103 as being unpatentable over Weber (U.S. Publication No. 20200256709) in view of Ogawa et al. (U.S. Publication No. 20160344429).
Regarding claim 17, Weber teaches all the features of claim 15 as outlined above, Weber is silent about wherein the at least one message of the predetermined kind is a temperature message.
Ogawa teaches wherein the at least one message of the predetermined kind is a temperature message (Paragraph 36).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to include a temperature message in Weber’s information because monitoring rotary machine temperature is crucial for preventing costly equipment failures, ensuring product quality, and maximizing energy efficiency.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to XIN Y ZHONG whose telephone number is (571)272-3798. The examiner can normally be reached M-F 9 a.m. - 6 p.m..
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/XIN Y ZHONG/ Primary Examiner, Art Unit 2855
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