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 .
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 08/07/2026 has been entered.
Claims 1-8 are pending for examination.
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 1-8 are rejected under 35 U.S.C. 102 (a) (1) as being anticipated by Rethinam et al. (US 2017/0012559 A1 and Rethinam hereinafter).
As to Claim 1, Rethinam in its teachings as shown in Fig.1-9 disclose a method for controlling commutation of a brushless DC (8) motor having a rotor, switching elements (6), and a position sensor (10), the method (see [0017] and [0026]) comprising:
controlling the switching elements to cause operation of the BLDC motor (The controller may be configured to receive inputs (e.g., hall sensor signals) from the plurality of sensors and generate an output or outputs based on the inputs from the plurality of sensors to control the plurality of electronic switches and the BLDC motor- see [0017]);
receiving signals from the position sensor respectively corresponding to transitions between first and second states of the position sensor, wherein the signals are used to indicate a position of the rotor (Fig.1 and 3 shows controller 2 receiving signals from the hall sensors 10 to determine rotor positions – see [0026] and [0033]- [0034]);
when a first combination of the switching elements is active and the position sensor fails (10C), causing the first combination of the switching elements (A-, B+) to remain active (see [0065] and [0071] – [0072]); and
indicating a fault (constant LOW or constant HIGH) when a signal from the position sensor is not received within a predetermined amount of time (Upon the failure of one of the three hall sensors and during the three-hall sensor mode of controller 20, inputs 10 may no longer sufficient to detect the rotor position of BLDC motor 8 and apply the appropriate commutation pattern – see [0072] and also [0065], [0071]).
As to Claim 2, Rethinam disclose the method of claim 1, further comprising determining when the signal is not received within the predetermined amount of time (Upon the failure of one of the three hall sensors and during the three-hall sensor mode of controller 20, inputs 10 may no longer sufficient to detect the rotor position of BLDC motor 8 and apply the appropriate commutation pattern within the predetermined amount of time- see [0065] and [0071] – [0072]).
As to Claim 3, Rethinam disclose the method of claim 1, wherein indicating a fault includes activating an indicator when the position sensor fails (constant LOW or constant HIGH indicates the failure of a position sensor and upon the failure of one of the three hall sensors and during the three hall sensor mode of controller 20, inputs 10 may no longer sufficient to detect the rotor position of BLDC motor 8 and apply the appropriate commutation pattern within the predetermined amount of time- see [0065] and [0071] – [0072]).
As to Claim 4, Rethinam in its teachings as shown in Fig.1-9 disclose a method for controlling commutation of a brushless DC (8) motor having a rotor, switching elements (inverter 6 – [A-, A+; B-, B+; C-, C+]), and position sensors (10- [10A, 10B, 10C]), the method comprising:
when a first combination of the switching elements (inverter 6) is active and a first signal is not received from a first position sensor (10C) of the position sensors within a predetermined amount of time, causing the first combination of the switching elements to remain active until a second signal is received from a second position sensor (10A or 10B) of the position sensors (Upon the failure of one of the three hall sensors and during the three-hall sensor mode of controller 20 and the controller apply the appropriate commutation pattern within the predetermined amount of time- see [0063]-[0072], [0044] – [0054] and also Fig.4 and Fig.6).
As to Claim 5, Rethinam disclose the method of claim 4, further comprising causing a second combination of the switching elements to be active when the second signal is received (see mode 300 and [0044]).
As to Claim 6, Rethinam disclose the method of claim 4, further comprising determining the first position sensor has failed when the first signal is not received from the first position sensor within the predetermined amount of time (see Fig.6, 10C and also [0063]- [0072]).
As to Claim 7, Rethinam disclose the method of claim 6, indicating a fault when it is determined that the first position sensor has failed (constant LOW or constant HIGH indicates the failure of a position sensor and upon the failure of one of the three hall sensors and during the three hall sensor mode of controller 20 and apply the appropriate commutation pattern within the predetermined amount of time- see [0063]- [0072]).
As to Claim 8, Rethinam disclose the method of claim 7, wherein indicating the fault includes activating an indicator (constant LOW or constant HIGH indicates the failure of a position sensor- see [0071]).
Response to Arguments/Remarks
As to applicant’s argument (Remarks 4-8) “…The Examiner rejected claims 1-8 under 35 U.S.C. § 102 as allegedly anticipated by U.S. Pat. Appln Pub. No. 2017/0012559 (Rethinam). The amendments overcome this rejection, in part, and Applicant traverses, in part…The Examiner incorrectly contends that Rethinam "clearly teaches what is broadly claimed by the applicant in which upon the failure of one of the three hall sensors and during the three-hall sensor mode the controller 20 (of Rethinam) and the controller apply the appropriate commutation pattern within the predetermined amount of time." (Office Action, p. 6). In the Advisory Action, the Examiner further stated that "the examples of table of Fig.6 alone teach that upon the failure of one of the three hall sensors (10A, 1OB, 10C), the controller 20 apply the appropriate commutation pattern within the predetermined amount of time (see also [0063] - [0071])." (Advisory Action, p. 3). The Examiner also stated that "it is also disclosed by Rethinam that during each hall event, controller 20 may turn ON and OFF switches (inverter 6) to either connect or maintain a connection of a particular motor phase winding (Phase A, Phase B, or Phase C) to a voltage V.sub.dc or a ground, or disconnect the particular motor phase winding from both the voltage V.sub.dc and the ground (see also the table of Fig.5 and [0044] - [0055])." (Advisory Action, p. 3). The Examiner is wrong…The Examiner's reasoning ignores the specifically claimed language. What is claimed in independent claim 1 is, in part, when a first combination of switching elements is active and a position sensor fails, then the first combination of the switching elements remains active. Similarly, as claimed in independent claim 4, when a first combination of the switching elements is active and a first signal is not received from a first position sensor of position sensors within a predetermined amount of time, then the first combination of the switching elements remains active until a second signal is received from a second position sensor of the position sensors...”
In response to applicant’s argument, the examiner respectfully disagrees with the applicant’s assertion. The examiner would also like to emphasize that the claims are examined enlight of the specification using the broadest reasonable interpretation (BRI). In addition, in contrary to applicant’s argument, Rethinam clearly teaches what is broadly claimed by the applicant in which upon the failure of one of the three hall sensors and during the three-hall sensor mode of controller 20 and the controller apply the appropriate commutation pattern within the predetermined amount of time as shown in the previous office actions of record and the advisory action of 07/28/2026. Moreover, it is also disclosed by Rethinam that during each hall event, controller 20 may turn ON and OFF switches (inverter 6) to either connect or maintain a connection of a particular motor phase winding (Phase A, Phase B, or Phase C) to a voltage V.sub.dc or a ground, or disconnect the particular motor phase winding from both the voltage V.sub.dc and the ground (see also the table of Fig.5 and [0044] - [0055]). Furthermore, it is to be understood that when the inputs as shown in Fig.5, for instance when the hall sensor 10C and 10A are low, a combination of switching elements A- and C+ remain active (phase C and A) as shown by table 5 (see [0056] and also [0057] – [0062] for other hall input scenarios). These clearly read on what is broadly claimed by the applicant. Hence, the claimed and argued limitations of independent claims 1 and 4 are anticipated by Rethinam and its respective dependent claims 2-3 and 5-8 remain rejected. In conclusion, applicants’ arguments/remarks filed on 08/07/2026 have been fully considered but they are not persuasive as shown above.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GABRIEL T AGARED whose telephone number is (571)270-1981. The examiner can normally be reached 8-5 (Mon- Thur).
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/GABRIEL AGARED/Primary Examiner, Art Unit 2837
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