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 .
Drawings
The drawings are objected to because figure 1 P1-P4 boxes and figure 7 boxes 15,17-22 need to be labelled descriptively with text . 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.
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 20 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.
Line 1 “ at least partially” is vague and indefinite.
Claim Rejections - 35 USC § 101
Claim 22 is rejected under 35 USC101 because the claimed invention is directed to non-statutory subject matter ,. For a computer program to be patent eligible under 101, it must solely be drawn to a physical medium and not encompass a signal. Since signal are not in and of themselves patent eligible subject matter, see In re Nuijten, this claim must then be rejected under 101. The claim should read “ non- transitory computer program”.
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 11-22 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more. The Claims recite routine data gathering such as determining, adding and regulating . There is nothing else being done to the motor. The judicial exception is not integrated into a practical application. Additional elements that are not abstract , the vehicle and computer and motor which are generic computers vehicle and motor are not adding significantly more than abstract idea. The fact that they add regulating motor is what we call “extra post solution “ and does not integrate abstract idea into a practical application. Additional element does not integrate abstract idea into practical application because it does not impose any meaningful limits on practicing the abstract idea.
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)(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) 11, 20-22 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Gwinner (2009/0167227) as cited by Applicant .
Gwinner discloses method for downward regulating motor comprising determining weighting factor values on a continuous basis, adding weighting factor values to arrive at an integration value , determining the integration value is above a threshold value and regulating the motor , see paragraph 8 claim 1 , monitoring and limiting torque of drive motor , actual value of torque is determined and difference between actual value and maximum value is formed , this corresponds to determining a within factor, sum is formed from measured differences , which represents an integration value , if sum exceeds a threshold value , countermeasure is initiated , which consist in reducing torque which corresponds to regulation , see paragraph 2,3, 8, 10 and claim 1 .
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. 8396634 and CN112356684 disclose motor torque and weighting factor and power tarin.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KAREN MASIH whose telephone number is (571)272-2068. The examiner can normally be reached m-f 8-5 with second Friday off.
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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.
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/KAREN MASIH/ Primary Examiner, Art Unit 2846