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 § 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.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 6 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding claim 6, the phrase "preferably" renders the claim indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
Claim Rejections - 35 USC § 102
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.
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 1-4 and 6 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Gutierrez (US 2015/0059989).
In Re claim 1, Gutierrez discloses a spring monitoring device, comprising: a sensor board and sensor (4) attached to an oscillating portion of a spring (1, 2; par. 0023 discloses that the sensors are “attached to near the non-rotating end of the counterbalance spring”); an evaluation device (control unit 5), wherein the evaluation device is configured to detect a failure of the spring (Abstract, par. 0024), and wherein the evaluation device outputs a positive monitoring signal if a spring failure is detected (see warning visual device 6).
In Re claim 2, see par. 0024 which discusses measuring a spring breakage while under tension, and that it can be detected apart from the normal vibrations the system generates during use. This necessitates that the sensor is located along the spring’s length within an oscillation region.
In Re claim 3, the sensor measures vibrations and a sudden release of energy of the spring (par. 0024).
In Re claim 4, par. 0024 discusses that when a spring breaks while under tension the sudden energy release is severe and can be detected apart from the normal vibrations the system generates during use. A basic aspect of the invention is to detect a counterbalance spring breaking by sensing the energy suddenly released by the breakage. This necessitates that the device includes a threshold sensed energy value.
In Re claim 6, pars. 0015 and 0024 discuss wireless communication; and pars. 0016, and 0027 discuss a battery power supply (10).
Allowable Subject Matter
Claim 5 is 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.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to THOMAS W IRVIN whose telephone number is (571)270-3095. The examiner can normally be reached Monday - Friday 9am - 5pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Robert Siconolfi can be reached at 571-272-7124. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/THOMAS W IRVIN/ Primary Examiner, Art Unit 3616
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