DETAILED ACTION
Claims 1-10 and 12 are pending in the present application.
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 .
Priority
Receipt is acknowledged of certified copies of papers submitted under 35 U.S.C. 119(a)-(d), which papers have been placed of record in the file.
Information Disclosure Statement
The information disclosure statements (IDS) submitted on 3/20/2024 and 1/19/2026 were filed. The submissions are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements are being considered by the examiner.
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 6-10 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.
Regarding claim 6, a single claim which claims both an apparatus and the method steps of using the apparatus is indefinite under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph (see MPEP 2173.05(p)). In this case, claim 6 is an apparatus claim that includes the following method steps:
in lines 9-10, “a resetting module to reset the push rod to a top end position”;
in lines 11-16, “a first recording module, which, when the push rod Is driven to push the valve rod and the drive current is measured in real time, records a first position of the push rod at the start of a first abrupt change in the drive current when the first abrupt change in the drive current is detected and lasts for more than a first preset time period”;
in lines 17-23, “a second recording module, which, when the push rod Is driven to push the valve rod and the drive current continues to be measured in real time, records a second position of the push rod at the start of a second abrupt change in the drive current when the second abrupt change in the drive current is detected and lasts for more than a first preset time period
and in lines 24-26, “a calculating module to calculate the stroke length of the valve based on the first position and the second position”.
However, this rejection may be overcome by amending claim 6 to recite the method steps as structural limitations as follows:
in lines 9-10, “a resetting module configured to reset the push rod to a top end position”;
in lines 11-16, “a first recording module, which is configured such that, when the push rod Is driven to push the valve rod and the drive current is measured in real time, records a first position of the push rod at the start of a first abrupt change in the drive current when the first abrupt change in the drive current is detected and lasts for more than a first preset time period”;
in lines 17-23, “a second recording module, which is configured such that, when the push rod Is driven to push the valve rod and the drive current continues to be measured in real time, records a second position of the push rod at the start of a second abrupt change in the drive current when the second abrupt change in the drive current is detected and lasts for more than a first preset time period”;
and in lines 24-26, “a calculating module configured to calculate the stroke length of the valve based on the first position and the second position”.
Regarding claim 7, a single claim which claims both an apparatus and the method steps of using the apparatus is indefinite under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph (see MPEP 2173.05(p)). In this case, claim 7 is an apparatus claim that includes the following method steps:
in lines 4-9, “the measuring device further comprises: when the push rod continues to be driven to push the valve rod and measure an output driving force of the motor in real time, recording a third position of the push rod when the output driving force reaches a preset output force, and calculating the dead zone length of the valve based on the second position and the third position”.
However, this rejection may be overcome by amending claim 7 to recite the method steps as structural limitations as follows:
in lines 4-9, “the measuring device is further configured such that
Regarding claim 8, a single claim which claims both an apparatus and the method steps of using the apparatus is indefinite under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph (see MPEP 2173.05(p)). In this case, claim 7 is an apparatus claim that includes the following method steps:
in lines 5-7, “the measuring method further comprises: measuring the drive shaft position of the motor by the position sensor, and converting the drive shaft position to a position of the push rod”.
However, this rejection may be overcome by amending claim 8 to recite the method steps as structural limitations as follows:
in lines 5-7, “the measuring device is further configured such that
Regarding claim 9, a single claim which claims both an apparatus and the method steps of using the apparatus is indefinite under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph (see MPEP 2173.05(p)). In this case, claim 7 is an apparatus claim that includes the following method steps:
in lines 2-7, “the measuring device comprises: measuring the DC drive current in real time, calculating an average change rate of the DC drive current, and identifying the first abrupt change and/or the second abrupt change in the DC drive current when an instantaneous change rate is greater than the average change rate”.
However, this rejection may be overcome by amending claim 9 to recite the method steps as structural limitations as follows:
In lines 2-8, “the measuring device is further configured for
Regarding claim 10, a single claim which claims both an apparatus and the method steps of using the apparatus is indefinite under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph (see MPEP 2173.05(p)). In this case, claim 7 is an apparatus claim that includes the following method steps:
in lines 2-7, “wherein the measuring method further comprises: repeating the measuring method a plurality of times, and taking the measurement result as a characteristic parameter of the valve when the results of the plurality of times of measurement in the measuring method are consistent”.
However, this rejection may be overcome by amending claim 10 to recite the method steps as structural limitations as follows:
in lines 2-7, “the measuring device is further configured such that
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.
Claim 1, 4-6, 9, 10, and 12 are rejected under 35 U.S.C. 103 as being unpatentable over Schwarz et al. (US 2020/0378518 A1, hereinafter Schwarz).
Regarding claim 1, Schwarz teaches a method for measuring valve characteristic parameters of a valve actuator (see Abstract; see also [0014]-[0035], discussion of method for measuring valve characteristic parameters of a valve actuator 12 described), wherein the valve characteristic parameters comprise a stroke length of the valve (see Fig. 1 and [0040], valve characteristic parameter includes stroke length (a) of the valve 10), wherein the valve actuator comprise a push rod driven by a motor (see Fig. 2 and 3; see also [0034]-[0035], valve actuator 12 includes a threaded stem, considered as a push rod driven by the motor of the valve actuator 12), the push rod pushes a valve rod (see Fig. 2 and 3, threaded stem (push rod) pushed a valve rod connected to the diaphragm 11), the motor is connected to a current sensor to measure a drive current of the motor (see Fig. 1, [0021], and [0040]-[0041], valve actuator current is monitored, considered to thus include a current monitor), the method comprising: resetting the push rod to a top end position (see [0021]-[0022] and Fig. 2, push rod of the diaphragm 11 moved to top end (first end-of-travel) position); driving the push rod to push the valve rod (see [0022]-[0023] and Fig. 3, push rod of the diaphragm 11 pushed towards the second end-of-travel position); measuring the drive current in real time (see Fig. 1, current monitored in real time as shown); recording a first position of the push rod at the start of a first abrupt change in the drive current when the first abrupt change in the drive current is detected and lasts for more than a first preset time period (see Fig. 1 and [0040], first end-of-travel position determined based on the abrupt increase in drive current defining the first position of the push rod at (1); see also [0027], the motor is stopped after an increase of 8-12% over the average current and is thus is considered to include a preset time period based on the push rod drive speed); continuing to drive the push rod to push the valve rod and measure the drive current in real time (see [0041] and Fig. 1, running current (IL) determined during continued drive of the push rod and valve rod of the diaphragm 11); recording a second position of the push rod at the start of a second abrupt change in the DC drive current when the second abrupt change in the drive current is detected and lasts for more than a second preset time period (see Fig. 1 and [0040]-[0041], second end-of-travel position determined based on the abrupt increase in drive current defining the first position of the push rod at (3); see also [0027], the motor is stopped after an increase of 8-12% over the average current and is thus is considered to include a preset time period based on the push rod drive speed); and calculating the stroke length of the valve based on the first position and the second position (see [0026] and [0040]-[0041], after the second end-of-travel position is determined, the stroke length of valve travel is determined and updated by the software).
Schwarz fails to specifically teach that the current sensor measures a DC drive current of the motor.
However, as described above, Schwarz teaches that the motor is connected to a current sensor to measure a drive current of the motor (see Fig. 1, [0021], and [0040]-[0041], valve actuator current is monitored, considered to thus include a current monitor).
Therefore, before the effective filing date of the claimed invention it would have been obvious to one of ordinary skill in the art, to utilized a DC drive motor and current monitor in the method of Schwarz. This is because using a DC motor would provide repeatable and precise drive capabilities and thus would ensure accurate measure of the travel lengths/position of the push rod of Schwarz.
Regarding claim 4, Schwarz above teaches all of the limitations of claim 1.
Furthermore, Schwarz teaches measuring the DC drive current in real time (see Fig. 1, drive current monitored in real time).
Schwarz fails to specifically teach calculating an average change rate of the DC drive current, and identifying the first abrupt change and/or the second abrupt change in the DC drive current when an instantaneous change rate is greater than the average change rate.
However, as described above, Schwarz does teach calculating an average drive current, and identifying the first abrupt change and/or the second abrupt change in the drive current when an instantaneous current is greater than the average drive current (see [0027] and [0029], abrupt changes determined when the instantaneous current is 5-20% or 8-12% greater than the average drive current).
Therefore, before the effective filing date of the claimed invention it would have been obvious to one of ordinary skill in the art, to modify the method of Schwarz above such that the changes in the drive current were utilized in a similar manner to the direct drive current measurements of Schwarz. This is because on of ordinary skill in the art would recognize that a rate of change of the drive current would also indicate the end of travel of the valve due to the increase in drive current of the motor as shown in Fig. 1 of Schwarz.
Regarding claim 5, Schwarz above teaches all of the limitations of claim 1.
Schwarz above fails to specifically teach that the measuring method comprises: repeating the measuring method a plurality of times, and taking the measurement result as a characteristic parameter of the valve when the results of the plurality of times of measurement in the measuring method are consistent.
However, Schwarz does teach that the determination of travel may occur automatically and wherein the monitored drive current is averaged (see [0021] and [0034]).
Therefore, before the effective filing date of the claimed invention it would have been obvious to one of ordinary skill in the art, to modify the method of Schwarz such that the measurement were repeated so as to check for consistency. This is because utilizing averaging and repeated measurements is well-known in the field of measuring and testing to ensure accurate results as is known in the art.
Regarding claim 6, Schwarz teaches a device for measuring valve characteristic parameters of a valve actuator (see Abstract; see also [0014]-[0035], discussion of method for measuring valve characteristic parameters of a valve actuator 12 described), wherein the valve characteristic parameters comprise a stroke length of the valve (see Fig. 1 and [0040], valve characteristic parameter includes stroke length (a) of the valve 10), the valve actuator is used to drive the valve and comprises a push rod driven by a motor (see Fig. 2 and 3; see also [0034]-[0035], valve actuator 12 includes a threaded stem, considered as a push rod driven by the motor of the valve actuator 12), the push rod is adapted to push a valve rod of the valve (see Fig. 2 and 3, threaded stem (push rod) pushed a valve rod connected to the diaphragm 11), and the motor is connected to a current sensor, which is adapted to measure a drive current of the motor (see Fig. 1, [0021], and [0040]-[0041], valve actuator current is monitored, considered to thus include a current monitor), wherein the measuring device comprises: a resetting module to reset the push rod to a top end position (see [0021]-[0022] and Fig. 2, portion of the electronics configured to push rod of the diaphragm 11 moved to top end (first end-of-travel) position considered the resetting module); a first recording module, which, when the push rod Is driven to push the valve rod and the drive current is measured in real time, records a first position of the push rod at the start of a first abrupt change in the drive current when the first abrupt change in the drive current is detected and lasts for more than a first preset time period (see Fig. 1 and [0040], portion of the electronics configured to monitor drive current in real time and determine first end-of-travel position based on the abrupt increase in drive current defining the first position of the push rod at (1) considered the first recording module; see also [0027], the motor is stopped after an increase of 8-12% over the average current and is thus is considered to include a preset time period based on the push rod drive speed); a second recording module, which, when the push rod Is driven to push the valve rod and the drive current continues to be measured in real time, records a second position of the push rod at the start of a second abrupt change in the drive current when the second abrupt change in the drive current is detected and lasts for more than a first preset time period (see Fig. 1 and [0040]-[0041], portion of the electronics configured to monitor drive current in real time and determine second end-of-travel position based on the abrupt increase in drive current defining the first position of the push rod at (3) considered the second recording module; see also [0027], the motor is stopped after an increase of 8-12% over the average current and is thus is considered to include a preset time period based on the push rod drive speed); and a calculating module to calculate the stroke length of the valve based on the first position and the second position (see [0026] and [0040]-[0041], portion of the electronics configured such that after the second end-of-travel position is determined, the stroke length of valve travel is determined and updated by the software, and thus considered the calculating module).
Schwarz fails to specifically teach that the current sensor measures a DC drive current of the motor.
However, as described above, Schwarz teaches that the motor is connected to a current sensor to measure a drive current of the motor (see Fig. 1, [0021], and [0040]-[0041], valve actuator current is monitored, considered to thus include a current monitor).
Therefore, before the effective filing date of the claimed invention it would have been obvious to one of ordinary skill in the art, to utilized a DC drive motor and current monitor in the device of Schwarz. This is because using a DC motor would provide repeatable and precise drive capabilities and thus would ensure accurate measure of the travel lengths/position of the push rod of Schwarz.
Regarding claim 9, Schwarz above teaches all of the limitations of claim 6.
Furthermore, Schwarz teaches that the measuring device comprises: measuring the DC drive current in real time (see Fig. 1, drive current monitored in real time).
Schwarz fails to specifically teach calculating an average change rate of the DC drive current, and identifying the first abrupt change and/or the second abrupt change in the DC drive current when an instantaneous change rate is greater than the average change rate.
However, as described above, Schwarz does teach calculating an average drive current, and identifying the first abrupt change and/or the second abrupt change in the drive current when an instantaneous current is greater than the average drive current (see [0027] and [0029], abrupt changes determined when the instantaneous current is 5-20% or 8-12% greater than the average drive current).
Therefore, before the effective filing date of the claimed invention it would have been obvious to one of ordinary skill in the art, to modify the method of Schwarz above such that the changes in the drive current were utilized in a similar manner to the direct drive current measurements of Schwarz. This is because on of ordinary skill in the art would recognize that a rate of change of the drive current would also indicate the end of travel of the valve due to the increase in drive current of the motor as shown in Fig. 1 of Schwarz.
Regarding claim 10, Schwarz above teaches all of the limitations of claim 6.
Schwarz above fails to specifically teach that the measuring method comprises: repeating the measuring method a plurality of times, and taking the measurement result as a characteristic parameter of the valve when the results of the plurality of times of measurement in the measuring method are consistent.
However, Schwarz does teach that the determination of travel may occur automatically and wherein the monitored drive current is averaged (see [0021] and [0034]).
Therefore, before the effective filing date of the claimed invention it would have been obvious to one of ordinary skill in the art, to modify the method of Schwarz such that the measurement were repeated so as to check for consistency. This is because utilizing averaging and repeated measurements is well-known in the field of measuring and testing to ensure accurate results as is known in the art.
Regarding claim 12, Schwarz teaches an electronic device (10) comprising: a processor and memory (see [0021], electronic device includes automatic operation and thus considered to include a processor with memory); wherein valve characteristic parameters comprise a stroke length of the valve (see Fig. 1 and [0040], valve characteristic parameter includes stroke length (a) of the valve 10), wherein the valve actuator comprise a push rod driven by a motor (see Fig. 2 and 3; see also [0034]-[0035], valve actuator 12 includes a threaded stem, considered as a push rod driven by the motor of the valve actuator 12), the push rod pushes a valve rod (see Fig. 2 and 3, threaded stem (push rod) pushed a valve rod connected to the diaphragm 11), the motor is connected to a current sensor to measure a drive current of the motor (see Fig. 1, [0021], and [0040]-[0041], valve actuator current is monitored, considered to thus include a current monitor); and instructions stored in the memory, wherein the instruction, when executed by the processor (see [0021], electronic device includes automatic operation and thus considered to include a processor with memory including instructions), cause the processor to: reset the push rod to a top end position (see [0021]-[0022] and Fig. 2, push rod of the diaphragm 11 moved to top end (first end-of-travel) position); drive the push rod to push the valve rod (see [0022]-[0023] and Fig. 3, push rod of the diaphragm 11 pushed towards the second end-of-travel position); measure the drive current in real time (see Fig. 1, current monitored in real time as shown); record a first position of the push rod at the start of a first abrupt change in the drive current when the first abrupt change in the drive current is detected and lasts for more than a first preset time period (see Fig. 1 and [0040], first end-of-travel position determined based on the abrupt increase in drive current defining the first position of the push rod at (1); see also [0027], the motor is stopped after an increase of 8-12% over the average current and is thus is considered to include a preset time period based on the push rod drive speed); continue to drive the push rod to push the valve rod and measure the drive current in real time (see [0041] and Fig. 1, running current (IL) determined during continued drive of the push rod and valve rod of the diaphragm 11); record a second position of the push rod at the start of a second abrupt change in the DC drive current when the second abrupt change in the drive current is detected and lasts for more than a second preset time period (see Fig. 1 and [0040]-[0041], second end-of-travel position determined based on the abrupt increase in drive current defining the first position of the push rod at (3); see also [0027], the motor is stopped after an increase of 8-12% over the average current and is thus is considered to include a preset time period based on the push rod drive speed); and calculate the stroke length of the valve based on the first position and the second position (see [0026] and [0040]-[0041], after the second end-of-travel position is determined, the stroke length of valve travel is determined and updated by the software).
Schwarz fails to specifically teach that the current sensor measures a DC drive current of the motor.
However, as described above, Schwarz teaches that the motor is connected to a current sensor to measure a drive current of the motor (see Fig. 1, [0021], and [0040]-[0041], valve actuator current is monitored, considered to thus include a current monitor).
Therefore, before the effective filing date of the claimed invention it would have been obvious to one of ordinary skill in the art, to utilized a DC drive motor and current monitor in the device of Schwarz. This is because using a DC motor would provide repeatable and precise drive capabilities and thus would ensure accurate measure of the travel lengths/position of the push rod of Schwarz.
Claims 3 and 8 are rejected under 35 U.S.C. 103 as being unpatentable over Schwarz as applied to claims 1 and 6 above, and further in view of Borchgrevink et al. (US PGPUB 2013/0056658 A1, hereinafter Borchgrevink).
Regarding claim 3, Schwarz above teaches all of the limitations of claim 1.
Schwarz above fails to teach that the valve actuator also has a position sensor, which is used to detect the drive shaft position of the motor, and the measuring method further comprises: measuring the drive shaft position of the motor by the position sensor, and converting the drive shaft position to a position of the push rod.
Borchgrevink teaches a method and apparatus for the detection of the end of travel of a valve (see Abstract) including a valve actuator including a position sensor, which is used to detect the drive shaft position of the motor (see Fig. 1 and [0014], valve actuator 20 includes position sensor (LVDT)), and the measuring method further comprises: measuring the position of a push rod (see [0014], LVDT used to determined position of the push rod 21).
Therefore, before the effective filing date of the claimed invention it would have been obvious to one of ordinary skill in the art, to modify the method of Schwarz with a position sensor to monitor the push rod position as suggested by Borchgrevink or similarly to measure the position of the motor drive shaft to determine push rod position. This allows for redundant position detection means or for calibration purposes as suggested by Borchgrevink.
Regarding claim 8, Schwarz above teaches all of the limitations of claim 6.
Schwarz above fails to teach that the valve actuator also has a position sensor, which is used to detect the drive shaft position of the motor, and the measuring method further comprises: measuring the drive shaft position of the motor by the position sensor, and converting the drive shaft position to a position of the push rod.
Borchgrevink teaches a method and apparatus for the detection of the end of travel of a valve (see Abstract) including a valve actuator including a position sensor, which is used to detect the drive shaft position of the motor (see Fig. 1 and [0014], valve actuator 20 includes position sensor (LVDT)), and the measuring method further comprises: measuring the position of a push rod (see [0014], LVDT used to determined position of the push rod 21).
Therefore, before the effective filing date of the claimed invention it would have been obvious to one of ordinary skill in the art, to modify the device of Schwarz with a position sensor to monitor the push rod position as suggested by Borchgrevink or similarly to measure the position of the motor drive shaft to determine push rod position. This allows for redundant position detection means or for calibration purposes as suggested by Borchgrevink.
Allowable Subject Matter
Claim 2 is 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.
The following is a statement of reasons for the indication of allowable subject matter:
Regarding claim 2, Schwarz in view of Borchgrevink represents the best art of record. However, Schwarz in view of Borchgrevink fails to encompass all of the limitations of dependent claim 2.
Specifically, Schwarz in view of Borchgrevink fails to critically teach that the valve characteristic parameters further comprise a dead zone length; and the measuring method further comprises: continuing to drive the push rod to push the valve rod and measure an output driving force of the motor in real time, recording a third position of the push rod when the output driving force reaches a preset output force, and calculating the dead zone length of the valve based on the second position and the third position.
Hence the best prior art or record fails to teach the invention as set forth in dependent claim 2 and the examiner can find no teachings for a method for measuring valve characteristic parameters of a valve actuator as claimed and including the above limitations, nor reasons within the cited prior art or on his own to combine the elements of these references other than the applicant's own reasoning to fully encompass the current pending claims.
Claim 7 would be allowable if rewritten 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 and to include all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter:
Regarding claim 7, Schwarz in view of Borchgrevink represents the best art of record. However, Schwarz in view of Borchgrevink fails to encompass all of the limitations of dependent claim 7.
Specifically, Schwarz in view of Borchgrevink fails to critically teach that the valve characteristic parameters further comprise a dead zone length; and the measuring device further comprises: when the push rod continues to be driven to push the valve rod and an output driving force of the motor is measured in real time, recording a third position of the push rod when the output driving force reaches a preset output force, and calculating the dead zone length of the valve based on the second position and the third position.
Hence the best prior art or record fails to teach the invention as set forth in dependent claim 7 and the examiner can find no teachings for a device for measuring valve characteristic parameters of a valve actuator as claimed and including the above limitations, nor reasons within the cited prior art or on his own to combine the elements of these references other than the applicant's own reasoning to fully encompass the current pending claims.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NATHANIEL T WOODWARD whose telephone number is (571)270-0704. The examiner can normally be reached M-F: 9:00 AM - 5:00 PM.
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/NATHANIEL T WOODWARD/ Primary Examiner, Art Unit 2855