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 .
DETAILED ACTION
Priority
Acknowledgment is made of applicant's claim for foreign priority based on a Japanese application 2021-195371 filed in Japan on December 1, 2021.
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 - 8 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.
Step 1: The claims (claims 1 and 5) recite a method or hoist for driving a motor at a constant rotation speed. Thus, the claims are directed to a process and machine, which is one of the statutory categories of invention.
Step 2A Prong 1: Abstract ideas have been identified by the courts by way of example, including fundamental economic practices, certain methods of organization of human activities, an idea 'of itself,' and mathematical relationships/formulas. Alice Corp., 134 S. Ct. at 2355 - 56. The claims recite limitations of: -storing position information, calculating a speed curve, and determining a cyclic variation in motor torque command. However, calculating a speed correction curve from a ‘calculated’ cyclic variation in motor torque command is a process or system that, under its broadest reasonable interpretation, covers performance of mathematical concepts. That is, other than reciting a “hoist”, “a drive motor,” and “storing position information,’ etc. nothing in the claim precludes generating calculation speed using mathematical formulas. For example, but for the “storing position information,” “driving a motor,” using a chain, and storing position information, the claim encompasses using mathematical concepts, such as calculating both speed and torque from positional information. Accordingly, the claim recites an abstract idea.
Step 2A Prong 2: This judicial exception is not integrated into a practical application. In particular, the claim only recites driving the motor at a constant speed which is recited at a high level of generality. These limitation(s) is/are no more than mere instructions to apply the exception using generic structures and these steps could be performed using mathematical concepts. Accordingly, this element does not integrate the abstract idea into a practical application because it does not impose any meaningful limits on practicing the abstract idea. The claim is directed to an abstract idea.
Step (2B): The claims do not include additional elements that are sufficient to amount to significantly more than the abstract idea and do not provide an inventive concept. In this instance, the claims do not include additional elements that are sufficient to amount to significantly more than the judicial exception. As discussed above with respect to integration of the abstract idea into a practical application, the additional element of the controlling the motor are no more than using the mathematical concepts to apply the exception using a generic motor and encoder positional information. Mere generalities of driving a motor (created by mathematical concepts, i.e. calculating a speed curve using mathematical torque values) to apply an exception using a generic motor and computer storage information cannot provide an inventive concept. The claim is not patent eligible.
Thus the claim is not drawn to patent eligible subject matter as it is directed to the same abstract idea without significantly more.
For Claim 2, the elements of: a load sensor capable of detecting the weight of the load suspended from the load chain; determining whether vibration of the load is suppressed without exceeding a predetermined threshold value, based on the weight detected by the load sensor… do not add significantly more than the abstract idea and are also rejected under 35 USC 101.
For Claim 3, the additional elements for calculating the speed correction curve do not add significantly more than the abstract idea, may add additional mathematical concepts, and are also rejected under 35 USC 101.
For Claim 4, the additional elements for calculating the speed correction curve from a sine waveform do not add significantly more than the abstract idea, may add additional mathematical concepts, and are also rejected under 35 USC 101.
For Claim 5, the elements of: wherein the pain measurement comprises a pain level at onset of a treatment session, an average beginning pain for one or more sessions of the treatment plan, a pain level after a final session, an average pain after the one or more sessions, or some combination thereof; do not add significantly more than the abstract idea and are also rejected under 35 USC 101.
Claims 6 – 8 are dependent on claims 2 and/or 3, contain mathematical calculations similar to claims 3 and 4, do not add significantly more than the abstract idea, and are also rejected under 35 USC 101.
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.
Claims 1 – 8 are rejected under 35 U.S.C. 112(b) as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor regards as the invention. Claims 1 and 5 recite the limitation "storing position information obtained from the encoder at said driving and a motor torque command value for controlling the drive motor in association with the position information into a computer memory storage." The claim element is at least grammatically incorrect and is indefinite for unclarity. The term seems to imply position information is stored for encoder and driving information, but driving information is not clearly defined and may be speed or tension. The element also seems to say that a torque value changes with position, but any weight or load or tension on the chain should not change based on position, and therefore this element is also not clearly written. Dependent claims 2 – 4 and 6 – 8 depend from independent claim 1 and therefore are also rejected under 35 U.S.C. 112(b). Appropriate action is required.
Claims 1 – 8 are rejected under 35 U.S.C. 112(b) as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor regards as the invention. Claims 1 and 5 recite the limitation “calculating a speed correction curve for correcting a speed command for driving the drive motor based on a cyclic variation in the motor torque command value." Given the claim language one would not understand how to calculate a speed (or a speed correction curve) and correcting the speed from a cyclic variation in torque. Mathematically, the terms have different units; and have a mathematical gap between the nexus of speed and torque. Appropriate action is required.
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.
Claims 1, 3, 4, 5, and 8 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Otsuka et al. (WO 2018154733 A1), herein “Otsuka.”
Regarding claim 1,
Otsuka teaches a method for setting a hoist which comprises an encoder for detecting rotation of a drive motor, and hoists and lowers a load chain to lift up and down a load by rotating a load sheave by driving the drive motor, the method comprising: (Page 2, Par. 1: “The present invention is applied to, for example, an elevator hoisting machine control device, an in-vehicle motor control device, or a machine tool motor control device, etc., and corrects periodic torque pulsations uniquely determined according to the rotational position of the motor.” Page 2, Par. 5: “Hereinafter, a torque pulsation correction device and correction method for an electric motor and a control device for an elevator according to the present invention will be described with reference to the drawings according to each embodiment.” Page 6, Par. 2: “The position detector 2 detects the rotational position of the electric motor 1necessary for controlling the electric motor 1, such as an optical encoder, a magnetic encoder, or a resolver, and outputs a position detection signal indicated by the electric motor rotational position MRP.”)
driving the drive motor at a constant rotation speed while applying tension to the load chain; (Page 9, Par. 6: “…it is desirable to perform estimation under the condition that the acceleration is zero, that is, the motor 1 is rotating at a constant speed.”)
storing position information obtained from the encoder at said driving and a motor torque command value for controlling the drive motor in association with the position information into a computer memory storage; (Page 6, Par. 2: “The position detector 2 detects the rotational position of the electric motor necessary for controlling the electric motor 1, such as an optical encoder…” Page 25, Par. 6: “Further, the torque pulsation estimation result is recorded as a torque pulsation corresponding to the magnetic pole position of the hoisting machine (1), for example, in a storage medium composed of a nonvolatile memory. During normal operation, the estimated torque pulsation value corresponding to the output of the position detector 2 is read from the storage medium…” Page 13, Par. 1: “The torque pulsation estimating unit 52 stores the amplitude A .sub.ω1 and the phase φ .sub.ω1 obtained by the equations (8) and (9).” Examiner’s Note – Phase also represents the position of the motor.)
and calculating a speed correction curve for correcting a speed command for driving the drive motor based on a cyclic variation in the motor torque command value stored said storing. (Further, the relationship between the speed pulsation and the torque pulsation correction current Itpc shown in the equation (5) is determined by the transfer characteristic of FIG. Therefore, if the transfer characteristic TCH in FIG. 5 can be obtained, a current correction value for correcting the speed pulsation can be obtained, and conversely, the speed pulsation can be obtained from the current correction value. Therefore, the speed pulsation due to the error of the position detector 2 can be corrected by the current correction value if the transfer characteristic of FIG. 5 can be obtained. The same applies to the speed pulsation caused by the torque pulsation of the electric motor 1. When the torque pulsation of the electric motor 1 and the order of the periodic error of the position detector 2 coincide with each other, the speed pulsation due to the torque pulsation of the electric motor 1 and the speed due to the error of the position detector 2 are obtained according to the transmission characteristics of FIG. What is necessary is just to obtain | require the electric current correction value which correct | amends a pulsation simultaneously.” Examiner’s Note – the position detector 2 is stored and is from the encoder.)
Regarding claim 3,
The previously cited reference(s) teach the limitations of claim 1 which claim 3 depends. Otsuka also teaches that said calculating the speed correction curve, an initial phase of the speed correction curve is calculated from the position information at a maximum value and/or a minimum value of the motor torque command value. (Page 13, Par. 4: “Here, the test signal TS is a sine wave or cosine wave test signal in which a preset amplitude, frequency and initial phase are set. The test signal TS is generated by the torque pulsation correcting unit 53, and the speed control unit 42 Add to output ic. Since the sine wave and the cosine wave can be converted into each other when the initial phase is changed, the sine wave and the cosine wave will be described below as a sine wave. Also, a preset amplitude of the test signal TS and A .sub.t, the initial phase and phi .sub.t. The frequency of the test signal TS is the same as the frequency of torque pulsation.” See also page 13, last paragraph: “Subsequently, in step S5, the torque pulsation estimation unit 52 estimates torque pulsation based on the frequency analysis result FAR obtained in step S2 and the frequency analysis result FAR obtained in step S4. At this time, as described above, the frequency analysis result FAR obtained in step S4 is the frequency for the speed pulsation generated with respect to the synthesized signal obtained by synthesizing the torque pulsation of the electric motor 1 and the error of the position detector 2 and the test signal. Since it is an analysis result and the amplitude and initial phase of the torque pulsation and the position detector error are unknown, the transfer characteristic at the frequency of the torque pulsation cannot be obtained from this result.”)
Regarding claim 4,
The previously cited reference(s) teach the limitations of claim 1 which claim 4 depends. Otsuka also teaches that said calculating the speed correction curve, the speed correction curve is calculated as a sine waveform. (Here, the test signal TS is a sine wave or cosine wave test signal in which a preset amplitude, frequency and initial phase are set. The test signal TS is generated by the torque pulsation correcting unit 53, and the speed control unit 42 Add to output ic. Since the sine wave and the cosine wave can be converted into each other when the initial phase is changed, the sine wave and the cosine wave will be described below as a sine wave. Also, a preset amplitude of the test signal TS and A .sub.t, the initial phase and phi .sub.t. The frequency of the test signal TS is the same as the frequency of torque pulsation.”
Regarding claims 5 and 8, they are directed to a hoist apparatus to implement the method of steps set forth in claims 1 and 4, respectively. Otsuka teaches the claimed method of steps in claims 1 and 4. Therefore, Otsuka teaches the hoist apparatus to implement the claimed method of steps in claims 5 and 8.
Allowable Subject Matter
Claims 2, 6, and 7 are 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 pending resolving all intervening issues such as the 35 U.S.C. §101 and 35 U.S.C. §112(b) rejections above. Reasons for allowance will be held in abeyance pending final recitation of the claims. For claim 2, the prior art does not disclose the elements of claim 1 and: with respect to a load sensor capable of detecting the weight of the load suspended from the load chain, the method further comprises determining whether vibration of the load is suppressed without exceeding a predetermined threshold value, based on the weight detected by the load sensor under a condition where the driving of the drive motor is controlled by the speed command corrected by the speed correction curve calculated at said calculating the speed correct curve; and under a condition where said determining determines that the predetermined threshold value is exceeded, at least the driving, the storage, and the speed correction curve calculation is executed again. Claims 6 and 7 depend on claims 1 and 2 and therefore are also objected to.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Kunmei Du (WO 2013044443 A1) may also teach the elements of claims 4 and 8. Page 5, Par. 2: “In addition, the present invention adopts sine wave vector control, and the motor has small torque fluctuation, small noise, and high efficiency area.” Page 8, Par. 2: “Since the present invention uses only one linear Hall element, in principle, there is no amplitude error and phase error generated by the plurality of linear Hall elements, so the position detection accuracy of the position sensor of the present invention is better than 0.05° to 0.5°. Moreover, based on the two states of the motor and the drive, the present invention controls the torque and speed of the motor by a sine wave vector control method to obtain an ideal control characteristic. In general, the present invention can improve the efficiency of the motor (5 to 15)% and increase the maximum torque (50 to 100)% of the motor.” And Claims: “…linear hoist…”
Oshima et al. (US Patent No. 4,995,478) is pertinent to the instant application by smoothly controlling velocity by suppressing torque fluctuations. See Col. 1, lines 30 – 51.
Jiang (US PG Pub. No. 20220119234+) is pertinent to the instant application by regulating a speed of a winch in a crane according to torque output and/or torque attenuation by keeping torque constant. (Par. 0003 and 0049)
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHAD G ERDMAN whose telephone number is (571)270-0177. The examiner can normally be reached Mon - Fri 7am - 3pm or 4pm EST..
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, Kenneth Lo can be reached at (571) 272-9774. 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.
/CHAD G ERDMAN/Primary Examiner, Art Unit 2116
Prosecution Insights