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 § 101
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 1-20 are rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter. The claim do not fall within at least one of the four categories of patent eligible subject matter.
Step 1: Statutory Category
Claim 1 is drawn to a “system” which is a machine and therefore is eligible and falls within one of the four statutory categories.
Step 2a, Prong One – The claim recites a judicial exception
The claim recites “ a first determination unit configured to determine whether a rotational speed of the rotor is greater than or equal to a reference speed”
“a second determination unit configured to determine a first condition, ….. when the rotational speed is greater than or equal to the reference speed”
“a magnetic flux map temperature estimation unit configured to estimate the temperature of the permanent magnet included in the rotor using a d-axis magnetic flux map of the motor responsive to one or more of the first condition and the second condition is satisfied in the second determination unit”
“ an energy map temperature estimation unit configured to estimate the temperature of the permanent magnet using a q-axis energy map of the motor responsive to one or more of the first condition and the second condition not being satisfied in the second determination unit”
The claim therefore recites steps of:
Collecting data, comparing date to thresholds and estimating temperature using mathematical relationships utilizing the maps.
These steps constitute mathematical concepts and mental processes, including mathematical comparisons and calculations used to estimate a parameter.
Step 2a, Prong Two – The claim dose not integrate the judicial exception into a practical application
The claim does not recite elements to integrate the abstract idea or calculation into a practical application.
The additional elements include “”motor” or a “rotor” or a “permanent magnet”
However, these elements merely provide an environment in which the abstract idea is applied
The claims do not recite any specific control of the motor based on the estimated temperature.
Therefore, the claim doesn’t integrate the abstract idea into practical application.
Step 2b, Prong Two – The claim does not recite significantly more than the judicial exception.
The claim doesn’t include additional elements sufficient to amount to significantly more than the abstract idea. The claim merely performs routine data analysis and estimation.
Claim 1 therefore is directed to an abstract idea involving mathematical concepts and mental processes involving comparisons of motor operating parameters.
However, the claim doesn’t integrate the abstract idea into a practical application.
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.
Claims 1 and 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.
Claims 1 and 11 recite Q-axis energy” renders the claim indefinite because it leaves the examiner in doubt as to the meaning of the technical feature to which it refers to. Applicants are urged to clarify this as described in paragraph 89.
Claim 1 and 11 includes a “second determination unit” which includes a first and a second condition which is fulfilled based on the “when the rotational speed is greater than or equal to the reference speed”. However, the claim leaves the examiner unclear whether this is applied to both the first and second condition; first condition only or the second condition. Applicants are urged to make proper correction.
Dependent claims 2-10 and 12-20 are rejected based on dependency from claims 1 and 11.
Allowable Subject Matter
Claims 1-20 would be allowable if rewritten or amended 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.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ZOHEB S IMTIAZ whose telephone number is (571)272-4308. The examiner can normally be reached 11am-730pm.
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, Eduardo Colon Santana can be reached at 571-272-2060. 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.
/ZOHEB S IMTIAZ/ Primary Examiner , Art Unit 2846
Prosecution Insights