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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statements (IDS) submitted on April 09, 2025 and September 09, 2025 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 § 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) 1-5 and 7 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hoell, JR. et al. US2018/0172421 (called Hoell hereinafter).
Regarding independent claim 1, Hoell teaches a position sensor (Figs. 1, 4 and 5) for redundantly determining a position (Abstract) of a movable element (Figs. 1 and 4; motor shaft 102) which is able to be moved by a drive motor (Fig. 1; motor 100), comprising:
a primary sensor (Fig. 4; first sensor 402) configured to sense the position of the movable element directly (Fig. 4; para [0029]); and
a secondary sensor (Fig. 4; second sensor 404) configured to deduce the position of the movable element from at least one secondary measurement (Fig. 4; para [0029]; detecting a magnetic field),
wherein the secondary measurement is based on a drive variable of the drive motor (Fig. 4; para [0029]; drive variable being a magnetic field produced by a magnet on the motor shaft 102 detected by the second sensor 404).
Regarding claim 2, Hoell teaches the position sensor as claimed in claim 1, and further teaches wherein the primary sensor is a position sensor comprising at least one of: a magneto-resistive element, a Hall effect sensor, an optical sensor, or a resistance sensor (Fig. 4; para [0004 and 0029]; Hall effect sensor used for magnetic field detection).
Regarding claim 3, Hoell teaches the position sensor as claimed in claim 1, and further teaches wherein the secondary sensor estimates the position of the movable element based on at least one of the following variables: a voltage signal for the drive motor, a current signal for the drive motor, an electromagnetic field caused by the drive motor, a change in a magnetic field caused by the drive motor (Fig. 4; para [0029]; second sensor 404 detects changes in a magnetic field produced by magnet 202), or a duration of the drive for the drive motor.
Regarding claim 4, Hoell teaches the position sensor as claimed in claim 1, and further teaches further comprising: a magnetic element which is able to be attached to the movable element (Fig. 4; magnet 202 attached to motor shaft 102), wherein the primary sensor measures a change in a magnetic field caused by movement of the magnetic element (Fig. 4; para [0029]; first sensor 402 detects the changes in a magnetic field produced by magnet 202).
Regarding independent claim 5, Hoell teaches a drive apparatus (Figs. 1, 4 and 5), comprising:
a drive motor (Fig. 1; motor 100);
a movable element (Figs. 1 and 4; motor shaft 102) which is able to be moved by the drive motor (Figs. 1 and 4; para [0004]); and
a position sensor (Figs. 4 and 5) for redundantly determining a position of the movable element (para [0029, 0035 and 0041]), the position sensor comprising:
a primary sensor (Fig. 4; first sensor 402) configured to sense the position of the movable element directly (Fig. 4; para [0029]); and
a secondary sensor (Fig. 4; second sensor 404) configured to deduce the position of the movable element from at least one secondary measurement (Fig. 4; para [0029]; detecting a magnetic field),
wherein the secondary measurement is based on a drive variable of the drive motor (Fig. 4; para [0029]; drive variable being a magnetic field produced by a magnet on the motor shaft 102 detected by the second sensor 404).
Regarding independent claim 7, Hoell teaches a method (Abstract) for redundantly determining a position (Abstract) of a movable element (Figs. 1 and 4; motor shaft 102) which is able to be moved by a drive motor (Fig. 1; motor 100), the method comprising the steps of:
directly detecting the position of the movable element via a primary sensor (Fig. 4; para [0029]; first sensor 402); and
deducing the position of the movable element via a secondary sensor (Fig. 4; para [0029]; second sensor 404) on the basis of a drive variable of the drive motor (Fig. 4; para [0029]; drive variable being a magnetic field produced by a magnet on the motor shaft 102 detected by the second sensor 404).
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(s) 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hoell in view of Bund et al. US2020/0088548 (called Bund hereinafter).
Regarding claim 6, Hoell teaches the drive apparatus as claimed in claim 5, but fails to teach wherein the drive motor is redundantly controllable via a first phase signal and a second phase signal, the first phase signal is based on sensor data from the primary sensor, and the second phase signal is based on sensor data from the secondary sensor.
Bund teaches wherein the drive motor is redundantly controllable via a first phase signal and a second phase signal (Fig. 2; para [0047-0049]; sensors 21 and 22 are dependent on one another and used to control the location of shaft 13 and rotor 11 of a synchronous motor), the first phase signal is based on sensor data from the primary sensor (Fig. 2; para [0040]), and the second phase signal is based on sensor data from the secondary sensor (Fig. 2; para [0042]).
Therefore, it would have been obvious to one skilled in the art before the effective filing date of the claimed invention to modify the structure as described by Hoell with the motor control based on sensor data as described by Bund for the purpose of using a determined position to control the location of an element driven a machine and enable optimum commutation angle for controlling the power electronics (para [0004]).
Claim(s) 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hoell in view of Close et al. US2023/0341479 (called Close hereinafter).
Regarding claim 8, Hoell teaches the method as claimed in claim 7, Hoell fails to teach further comprising: calibrating the secondary sensor by use of measurement data acquired by the primary sensor.
Close teaches calibrating the secondary sensor (Fig. 1; calibrated field sensor 20) by use of measurement data acquired by the primary sensor (Fig. 1; para [0037-0038]; reference field sensor 10 is used to calibrate the calibrated field sensors 20).
Therefore, it would have been obvious to one skilled in the art before the effective filing date of the claimed invention to modify the structure as described by Hoell with the method of calibrating sensors as described by Close for the purpose of improving the consistency of sensors and their measurements (para [0005 and 0009]).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Mock et al. discloses “Position sensing for movable mechanical systems and associated methods and apparatus” (see US2007/0001668)
Janisch discloses “Apparatus and method for the redundant, absolute position determination of a movable body” (see US2015/0008907)
Wang et al. discloses “Sensor system for rotation angular detection and 3D joystick function” (see US2020/0271479)
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DAVID B FREDERIKSEN whose telephone number is (571)272-8152. The examiner can normally be reached M-F 8am - 5pm.
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/DAVID B FREDERIKSEN/Examiner, Art Unit 2858
/GIOVANNI ASTACIO-OQUENDO/Primary Examiner, Art Unit 2858 9/30/2026
