Prosecution Insights
Last updated: October 04, 2026
Application No. 18/825,770

Method of Detecting the Current Phase of a Tensioning Curve and Electric Toggle Tensioner

Non-Final OA §102
Filed
Sep 05, 2024
Priority
Sep 06, 2023 — EU 23 195 745.7
Examiner
HALL JR, TYRONE VINCENT
Art Unit
Tech Center
Assignee
Murrelektronik GmbH
OA Round
1 (Non-Final)
76%
Grant Probability
Favorable
1-2
OA Rounds
5m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 76% — above average
76%
Career Allowance Rate
733 granted / 960 resolved
+16.4% vs TC avg
Strong +24% interview lift
Without
With
+23.7%
Interview Lift
resolved cases with interview
Typical timeline
2y 6m
Avg Prosecution
34 currently pending
Career history
977
Total Applications
across all art units

Statute-Specific Performance

§101
0.8%
-39.2% vs TC avg
§103
46.2%
+6.2% vs TC avg
§102
30.2%
-9.8% vs TC avg
§112
20.4%
-19.6% vs TC avg
Black line = Tech Center average estimate • Based on career data from 960 resolved cases

Office Action

§102
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 . 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) 1-18 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by McCormick US 6644638. McCormick discloses A method of detecting the current phase of the tensioning curve of an electric toggle tensioner (10), wherein the electric toggle tensioner comprises an electric motor (14) and an evaluation unit (76), and wherein at least the following steps are carried out: measuring the angle of rotation of the electric motor (14) and the current motor current of the electric motor (measured via current monitor, 84); evaluating the angle of rotation and the motor current by means of the evaluation unit (76) to obtain an evaluation result (col. 4, lines 33-62); and determining the current phase of the tensioning curve of the electric toggle tensioner (10) based on the evaluation result (col. 4, lines 46-52). As for claim 2, McCormick discloses wherein the current position of a tensioning arm of the toggle tensioner is determined based on the evaluation result (col. 3, lines 30-38). As for claim 3, McCormick discloses wherein the motor current is compared with at least one reference stored (user set over-current threshold; clamped and unclamped positions, etc.) in the evaluation unit (76) to obtain a comparison result which corresponds to the evaluation result (col. 4, lines 58-62). As for claim 4, McCormick discloses wherein the reference has a reference curve (clamped and unclamped position threshold) which comprises a plurality of successive reference points (user input for fine tuning clamped and unclamped positions, col. 7, lines 7-17). As for claim 5, McCormick discloses wherein the reference has a theoretically determined reference curve or a previously measured reference curve (fine tuned by user, col. 7, lines 15-17). As for claim 6, McCormick discloses wherein the reference has at least one reference point (unclamped or clamped position). As for claim 7, McCormick discloses wherein the at least one reference point corresponds to the open position (unclamped position) and/or the closed position (clamped position). As for claim 8, McCormick discloses wherein the phases of the tensioning curve comprise a closing movement (rotating to clamped position, tensioning, reaching of the dead center, locking (motor stall), holding (clamp position), unlocking (rotating to unclamped position) and releasing (col. 3, lines 30-37; col. 4, lines 42-52; and col. 7, lines 7-17). As for claim 9, McCormick discloses wherein faults and wear of the electric toggle lever tensioner are deduced by evaluating the motor current (col. 4, lines 35-42 and lines 53-62). As for claim 10, McCormick discloses wherein it is detected whether a workpiece is present (CPU learns to memorize the clamped positioned based on when the motor stalls thus detecting a workpiece is present, col. 4, lines 44-47). As for claim 11, McCormick discloses wherein the applied tensioning force (clamped position) is deduced based on the motor current (motor stalls, col. 4, lines 44-47). As for claim 12, McCormick discloses wherein the evaluation unit (76) comprises a processor (CPU, 76) on which a trained artificial intelligence is executed (pushbutton 78, allows CPU to learn, col. 4, lines 44-47). As for claim 13, McCormick discloses wherein an algorithm for machine learning, which is used in the evaluation (regulate motion algorithms, col. 4, lines 35-42 and col. 7, lines 15-17). As for claim 14, McCormick discloses wherein at least one reference run is performed to determine a reference, wherein the reference run comprises at least the following steps: moving the electric toggle tensioner in its closing direction (clamping direction) by driving the electric motor by a predetermined angle of rotation in the closing direction; detecting the motor current; and storing a reference based on the detected motor current (col. 3, lines 30-37 and col. 4, lines 43-62). As for claim 15, McCormick discloses wherein the open position (unclamped position) is approached if, when detecting the motor current, it is determined that the motor current remains below a first reference value during the reference run when moving in the closing direction (clamped position), wherein the stored reference then corresponds to the open position as a reference point (col. 4, lines 42-62 and col. 7, lines 7-17). If the motor current is below the first reference value (clamped position) than the clamp is still in an open/unclamped position and thus the CPU would learn that the currently stored reference value point is the open/unclamped position and would continue until the value reached the clamped position reference value point. As for claim 16, McCormick discloses wherein the electric toggle tensioner is moved into the open position (unclamped position) up to the maximum dead center and is then moved into the closed position, wherein the motor current is detected again if the motor current exceeds a first reference value (clamped position) during the first detection of the motor current (excess current detected to determine if motor has stalled due to be in a clamped position; col. 4, lines 53-62). As for claim 17, McCormick discloses wherein, if the motor current exceeds a second reference value when the motor current is detected again, it is determined that the electric toggle tensioner is in the closed position and a workpiece is present, and/or in that, if the motor current is below the second reference value when the motor current is detected again, it is determined that the electric toggle tensioner is in the closed position and no workpiece is present (col. 4, lines 53-62). As for claim 18, McCormick discloses an electric toggle tensioner (10), comprising an electric motor (14) and a control and evaluation unit (68, 76, 84), wherein the control and evaluation unit is set up to carry out a method according to claim 1. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to TYRONE V HALL JR whose telephone number is (571)270-5948. The examiner can normally be reached Mon.-Fri. 7:30am-3:30pm. 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, Monica Carter can be reached at (571) 272-4475. 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. /TYRONE V HALL JR/Primary Examiner, Art Unit 3723
Read full office action

Prosecution Timeline

Sep 05, 2024
Application Filed
Aug 21, 2026
Non-Final Rejection mailed — §102 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
76%
Grant Probability
99%
With Interview (+23.7%)
2y 6m (~5m remaining)
Median Time to Grant
Low
PTA Risk
Based on 960 resolved cases by this examiner. Grant probability derived from career allowance rate.

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