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 .
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
Double Patenting
A rejection based on double patenting of the “same invention” type finds its support in the language of 35 U.S.C. 101 which states that “whoever invents or discovers any new and useful process... may obtain a patent therefor...” (Emphasis added). Thus, the term “same invention,” in this context, means an invention drawn to identical subject matter. See Miller v. Eagle Mfg. Co., 151 U.S. 186 (1894); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Ockert, 245 F.2d 467, 114 USPQ 330 (CCPA 1957).
A statutory type (35 U.S.C. 101) double patenting rejection can be overcome by canceling or amending the claims that are directed to the same invention so they are no longer coextensive in scope. The filing of a terminal disclaimer cannot overcome a double patenting rejection based upon 35 U.S.C. 101.
Claim 1 is rejected under 35 U.S.C. 101 as claiming the same invention as that of claim 11 of prior U.S. Patent No. 12,163,600 B2. This is a statutory double patenting rejection.
Claim 1 of Instant application
Claim 11 of US Patent 12163600
A method of detecting degradation of a coil in a solenoid pilot in a fieldbus control valve system, said method characterized by:
A method of detecting degradation of a coil in a solenoid pilot in a fieldbus control valve system, said method characterized by:
providing a power circuit with a direct current power source that powers said solenoid coil;
providing a power circuit with a direct current power source that powers said solenoid coil;
providing a driver that communicates said power source to ground to close and open the power circuit;
providing a driver that communicates said power source to ground to close and open the power circuit;
providing a resistive element in series with said direct current power source, said driver and said solenoid coil;
providing a resistive element in series with said direct current power source, said driver and said solenoid coil;
generating a frequency pulse train to said driver having a characteristic so as not to affect actuation of said solenoid coil;
generating a frequency pulse train to said driver having a characteristic so as not to affect actuation of said solenoid coil;
measuring an initial voltage level during said frequency pulse trains between said solenoid coil and said resistive element;
measuring an initial voltage level during said frequency pulse trains between said solenoid coil and said resistive element;
storing said initial voltage level in a memory device;
storing said initial voltage level in a memory device;
measuring a subsequent voltage level during a subsequent frequency pulse train;
measuring a subsequent voltage level during a subsequent frequency pulse train;
comparing said subsequent voltage level to said initial voltage level; and
comparing said subsequent voltage level to said initial voltage level; and
providing an indicator warning when said subsequent voltage level has changed a predetermined amount from said initial voltage level.
providing an indicator warning when said subsequent voltage level has changed a predetermined amount from said initial voltage level.
Similarly claims 2-3 are rejected under 35 U.S.C. 101 as claiming the same invention as that of claims 12-13 of prior U.S. Patent No. 12,163,600 B2 respectively. This is a statutory double patenting rejection.
Note: Claims 1-3 are not rejected by any prior art.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
YAMAMOTO et al. (Pub NO. US 2018/0342972 A1) discloses Motor Control System.
Larson et al. (Patent NO. US 6,382,226 B1) discloses Method for Detecting Broken Valve.
Uchishiba et al. (Patent NO. US 5,315,500) discloses Diagnostic System and Method.
Weickel et al. (Pub NO. US 2021/0131459 A1) discloses Valve Device and Method.
Fukushima et al. (Pub NO. US 2007/0012284 A1) discloses Coil Failure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ZANNATUL FERDOUS whose telephone number is (571)270-0399. The examiner can normally be reached Monday through Friday 8am to 5pm (PST).
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/ZANNATUL FERDOUS/Examiner, Art Unit 2858
/LEE E RODAK/Supervisory Patent Examiner, Art Unit 2858
