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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 4/10/2026 has been entered.
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.
Claims 7-10 and 37-41 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 7 recites the limitation "the at least one rotatable radial adjustment device" in line 2 of the claim. There is insufficient antecedent basis for this limitation in the claim.
Claim 8 recites the limitation "the at least one rotatable radial adjustment device" in line 2 of the claim. There is insufficient antecedent basis for this limitation in the claim.
Claim 9 recites the limitation "the at least one rotatable radial adjustment device" in line 2 of the claim. There is insufficient antecedent basis for this limitation in the claim.
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) 1-6, 11-15, and 42 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Tatsuki et al. (JPH0640812U).
Regarding claim 1, Tatsuki discloses a method of mounting a rotary scale member on a part (2; Figs. 2A, 2B), the rotary scale member comprising a body (1), on which a series of position features (17, 18, A, and a light receiving element on lower side of disk 1 which is not shown) defining a scale is provided, and at least one flexure (14; Figs. 1 and 5), the method comprising force-fitting (see Figs. 2A -2B) the rotary scale member and the part (2) together, whereby the at least one flexure (14) is displaced and thereby urges the rotary scale member via a radial reaction force into engagement with the part (2) so as to form a friction fit with the part such that the body of the rotary scale member self-locates at an initial default radial location with respect to the part; and tweaking (see Fig. 3) the radial location of the body relative to the part (2) away from the initial default radial location to a new radial location, wherein the body is maintained, secured or fixed at the new radial location.
Regarding claim 2, Tatsuki discloses wherein the body (1; Figs. 1 and 5) comprises a planar disc, and the at least one flexure (14) is provided substantially in plane with the planar disc.
Regarding claim 3, Tatsuki discloses wherein the at least one flexure (14; Figs. 1, 2B, and 5) is configured to be compliant both radially and tangentially.
Regarding claim 4, Tatsuki discloses wherein the at least one flexure (14; Fig. 5) comprises at least two flexures (F1, F2).
[AltContent: textbox (F2)][AltContent: textbox (F1)][AltContent: arrow][AltContent: arrow][AltContent: arrow]
PNG
media_image1.png
336
292
media_image1.png
Greyscale
Regarding claim 5, Tatsuki discloses wherein the at least two flexures (14; Figs. 1 and 2) are annularly spaced.
Regarding claim 6, Tatsuki discloses wherein tweaking the radial location comprises manipulating at least one radial adjustment device (4; Fig. 3).
Regarding claim 11, Tatsuki discloses wherein the at least one flexure (14; Figs. 1 and 5) is located radially inward of the scale.
Regarding claim 12, Tatsuki discloses wherein the at least one flexure (14; Figs. 1 and 5) is integrally formed on the body (1).
Regarding claim 13, Tatsuki discloses wherein the at least one flexure comprises a radial adjustment flexure member, and the radial adjustment flexure member is connected to the body by at least one tangentially compliant support.
Regarding claim 14, Tatsuki discloses wherein the at least one flexure (14) is radially deflectable (see Fig. 2B) in a plane perpendicular to an axis about which the series of position features (17, 18, A, and a light receiving element on lower side of disk 1 which is not shown) defining the scale are formed on the rotary scale member; a radial adjustment device (4) acts (Fig. 3) on the at least one flexure (14) so as to change an extent of deflection of the at least one flexure (14) in the plane and thereby facilitate adjustment of the radial position of the rotary scale member relative to the part on which the rotary scale member is mounted; and a relationship between i) an effect the radial adjustment device (4) has on the extent of deflection of the at least one flexure (14) in the plane at their point of interaction in the plane perpendicular to the axis about which the series of position features (17, 18, A, and a light receiving element on lower side of disk 1 which is not shown) are formed on the rotary scale member and ii) an extent of the resulting radial displacement the at least one flexure (14) has on the body (1) of the rotary scale member is such that, for a given extent of deflection of the at least one flexure (14) caused by the radial adjustment device (4), the extent of the resulting radial displacement of the body (1) of the rotary scale member is smaller than the given extent of deflection of the at least one flexure (14) caused by the radial adjustment device (4).
Regarding claim 15, Tatsuki discloses wherein the body (1) comprises an annular body (see Fig. 2A).
Regarding claim 42, Tatsuki discloses comprises fixing and/or securing the radial location of the body (1) relative to the part (2) in the new radial location via one or more mechanical fastener (4; Fig. 3).
Allowable Subject Matter
Claims 7-10 and 37-41 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JERMIE E COZART whose telephone number is (571)272-4528. The examiner can normally be reached Monday - Friday 8:30am - 7:00pm.
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, Sunil Singh can be reached at 571-272-3460. 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.
/JERMIE E COZART/Primary Examiner, Art Unit 3799
April 18, 2026
Prosecution Insights