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 the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 8-9 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claim 8 recites an additional pressure sensor despite claim 1 requiring a single pressure sensor. The feature of having an additional pressure sensor even though there is only a single pressure sensor is not supported in the original specification, and is new matter.
Claim 9 contains new matter for depending from claim 8.
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.
Claims 8-9 are 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.
Claim 8 recites an additional pressure sensor despite claim 1 requiring a single pressure sensor. It is unclear how there is an additional pressure sensor even though there is only a single pressure. As a result of the indefinite limitations described above, claim 8 has been rendered so indefinite that no prior art rejection can be applied thereto at this time.
Claim 9 depends from claim 8 and is similarly so indefinite that no prior art rejection can be applied thereto at this time.
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claims 8-9 are rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends.
Claim 8 recites an additional pressure sensor despite claim 1 requiring a single pressure sensor. Accordingly, claim 8 does not require all the limitations of claim 1.
Claim 9 depends from claim 1 and similarly does not require all the limitations of claim 1.
Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 1, 5-7, and 10-11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Pittner (US 20210146993 A1) in view of Matsuda et al. (JP 2012240435 A, hereinafter Matsuda).
As to claim 1, Pittner teaches a steering diagnostic system comprising:
a steering linkage 34, 34 that is operatively connectable to a pair of road wheels (¶25);
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a sealed compartment (comprising at least gear casing 32 and boots 40, 40; ¶30) containing at least a portion (e.g., portion 36) of the steering linkage, wherein the sealed compartment is defined by an interior of a rack housing assembly 32, 42, 46 (¶30, ¶32-33), a first sealing boot (one of boots 40X and 40Y in fig 1 above) disposed at a first end of the rack housing assembly, and a second sealing boot (the other of boots 40X-40Y) disposed at a second end of the rack housing assembly (note that ¶25 and ¶34 teach that the system includes hydraulic steering assistance).
Pittner does not teach that the steering diagnostic system is a steering seal diagnostic system,
a single pressure sensor positioned to detect an internal pressure within the sealed compartment over a range of travel of the steering linkage, wherein a pressure change lower than a pressure change threshold indicates a leak condition of the sealed compartment during translation of the steering linkage from an on center position to a full left position or to a full right position, wherein the pressure change of the internal pressure detected by the pressure sensor is a result of movement of the steering linkage toward the full left position or to the full right position.
Matsuda teaches a steering seal diagnostic system comprising:
a steering linkage (comprising rack shaft 3) that is operatively connectable to a pair of road wheels 9, 13;
a sealed compartment S1-S3 (¶18 and ¶32-33) containing at least a portion of the steering linkage (fig. 2), wherein the sealed compartment is defined by an interior of a rack housing assembly (comprising housing 2 and at least end walls 47-48 or connection part 62a; end wall 47 is part of the hydraulic steering assistance mechanism described in at least ¶24), a first sealing boot 14 disposed at a first end of the rack housing assembly, and a second sealing boot 15 disposed at a second end of the rack housing assembly; and
a pressure sensor 16 (¶29) positioned to detect an internal pressure within the sealed compartment over a range of travel of the steering linkage (¶10 and ¶46 teach that during steering, the pressure inside one of the boots increases will pressure in the other boot decreases according to the steering direction; at least fig. 3 illustrates that as the rack shaft 3 moves along direction X1, the boot 15 will expand or contract; ¶44-46 and fig. 6 teach wherein the pressure sensor detects an internal pressure within the sealed compartment over a range of travel of the steering linkage), wherein a pressure change lower than a pressure change threshold indicates a leak condition of the sealed compartment during translation of the steering linkage from an on center position to a full left position or to a full right position (the pressure sensor is capable of being used such that a detected pressure change lower than a pressure change threshold indicates a leak condition of the sealed compartment during translation of the steering linkage from an on center position to a full left position or to a full right position), wherein the pressure change of the internal pressure detected by the pressure sensor is a result of movement of the steering linkage toward the full left position or to the full right position (¶44-46 describe sensors 16 as detecting an increase in pressure due to steering in a respective one of a left or right direction, meaning a similar pressure increase will be detected when steering to one of the full right or full left positions; note that ¶43-44 and fig. 6 teach a set of steps for detecting a leak in at least one of boots 14-15 using just one pressure sensor 16; that is, in steps S1-S5, a leak can be detected with one pressure sensor 16 and without the other; also note that ¶47 confirms that a leak in at least one of the boots is detected; also note that ¶29 teaches that an overall controller comprising an ECU 41 uses the signal(s) from the pressure sensor 16 to detect a leak, and ¶30 and ¶44 teach wherein the overall controller turns on a signal light 45 to warn of a leak; it is noted that portion S1 of the sealed compartment extends partially into the rack housing assembly – see fig. 2).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the apparatus of Pittner to have the sealed compartment S1-S3 (Matsuda) and the hydraulic steering assistance mechanism forming part of the sealed compartment, and to use a pressure sensor (16 of Matsuda) in the sealed compartment and in one of the two boots for leak detection via an overall controller comprising an ECU, wherein the controller turns on a warning light to warn of the leak, as taught by Matsuda, for the benefit of detecting a leak in at least one of the boots to provide early detection of a leak, enabling early repair (¶5 – Matsuda).
Pittner as modified teaches a steering seal diagnostic system,
a single pressure sensor 16 (Matsuda) positioned to detect an internal pressure within the sealed compartment over a range of travel of the steering linkage (as taught by Matsuda), wherein a pressure change lower than a pressure change threshold indicates a leak condition of the sealed compartment during translation of the steering linkage from an on center position to a full left position or to a full right position (as taught in test steps S1-S5 of Matsuda; alternatively, the pressure sensor is capable of being used such that a detected pressure change lower than a pressure change threshold indicates a leak condition of the sealed compartment during translation of the steering linkage from an on center position to a full left position or to a full right position), wherein the pressure change of the internal pressure detected by the pressure sensor is a result of movement of the steering linkage toward the full left position or to the full right position (as taught by Matsuda).
If Applicant argues that the unmodified Pittner does not teach the sealed compartment, Pittner as modified teaches a sealed compartment S1-S3 (Matsuda) in view of Matsuda’s teachings.
As to claim 5, Pittner as modified teaches wherein the pressure sensor is at least partially disposed within the first boot (one of boots 40X and 40Y of Pittner).
As to claim 6, Pittner as modified teaches wherein the pressure sensor is at least partially disposed within the second boot (the other one of boots 40X and 40Y of Pittner).
As to claim 7, Pittner as modified teaches the limitations of the claim except wherein the pressure sensor is at least partially disposed within the rack housing assembly.
In re Japikse, 181 F.2d 1019, 86 USPQ 70 (CCPA 1950) (Claims to a hydraulic power press which read on the prior art except with regard to the position of the starting switch were held unpatentable because shifting the position of the starting switch would not have modified the operation of the device.); In re Kuhle, 526 F.2d 553, 188 USPQ 7 (CCPA 1975) (the particular placement of a contact in a conductivity measuring device was held to be an obvious matter of design choice). In this case, there is no persuasive evidence of record to show that placing either of the disclosed or prior art pressure sensor at least partially within the rack housing assembly would have modified the operation of the disclosed or prior art device. Specifically, in Matsuda, space S1 of the sealed compartment S1-S3 extends into the rack housing assembly, and moving the pressure sensor 16 into the part of the rack housing assembly forming space S1 would not have modified the operation of the device. Accordingly, in the modified Pittner, moving the pressure sensor 16 (Matsuda) in a similar manner would not have modified the operation of the device.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the apparatus of Pittner as modified such that the pressure sensor is at least partially disposed within the rack housing assembly, since such a modification would be a mere rearrangement of parts for the predictable result that a leak is still successfully detected
As to claim 10, Pittner as modified teaches wherein the pressure sensor is in operative communication with a controller (overall controller comprising an ECU as taught by Matsuda).
As to claim 11, Pittner as modified teaches wherein the controller issues a diagnostic warning (via light 45 as taught by Matsuda) if the leak condition is detected.
Response to Arguments
Applicant’s arguments with respect to the prior art rejections have been considered but are moot in view of the new ground(s) for rejection.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RUBEN C PARCO JR whose telephone number is (571)270-1968. The examiner can normally be reached Monday - Friday, 8:00 AM - 4:30 PM EST.
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/R.C.P./Examiner, Art Unit 2853
/STEPHEN D MEIER/Supervisory Patent Examiner, Art Unit 2853
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