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 .
Drawings
The drawings are objected to because:
Character of lines, numbers and letters 37 CFR 1.84(i)
Lines, numbers and letters not uniformly thick and well defined, clean, durable and black (poor line quality in general but especially for figure 1 in the area of reference characters 8, 9 and 12).
Shading 37 CFR 1.84(m)
Shade lines pale rough and blurred (especially figure 1)
Numbers, Letters and Reference Characters 37 CFR 1.84(p)(4)
Numerous instances of a single part being designated with two different reference characters
1 and 6 in fig.1
1 and 5 in fig.2
13 and 14 in fig.2
18 and 26 in fig.3
13 and 14 in fig.3
21 and 27 in fig.3
19 and 22 in fig.3
18 and 26 in fig.4
13 and 14 in fig.4
21 and 27 in fig.4
Numbering of sheets of drawings 37 CFR 1.84(t)
Not numbered consecutively and in Arabic numerals beginning with number 1
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
As detailed in the drawing objections above, there are numerous instances of a single structural element being designated by multiple reference characters. Furthermore, as detailed in the 35 USC 112 clarity rejections below, claiming a single element twice with different labeling renders the claims unclear. Similarly, the written description of the specification is objected to and should be rewritten to refer to each claimed structural element with respect to only a single reference character shown in the drawings. For instance, the written description could set forth an element as a “stopper that is formed by a pin-like signal transmitter” but such a structural element should be designated by only a single reference described in the written description and shown in the drawings (e.g., 18 or 26; not both). Further, while applicant may claim a stopper and then in later dependent claim further limit the stopper to be formed by a signal transmitter; applicant should not claim both a stopper and transmitter as two distinct elements where applicant disclosed/possessed only a single element. Appropriate correction is required.
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.
Claims 1-20 are rejected under 35 U.S.C. 112(b) as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor regards as the invention.
Claim 1 recites “a connecting rod (3) longitudinally movable in a housing (1) along an actuating path between two axial stops (19, 24)” is contrary to the disclosed invention and thus unclear. See applicant’s figures 3 and 4 which show the connecting rod (3) above the path between stops rather than between. Only stopper (18) is shown positioned/moving between the two axial end stops (19, 24). See MPEP 2173.03 which states that a claim may be "indefinite when a conflict or inconsistency between the claimed subject matter and the specification disclosure renders the scope of the claim uncertain as inconsistency with the specification disclosure or prior art teachings may make an otherwise definite claim take on an unreasonable degree of uncertainty.
The claim 2 limitation “the stopper engaging between the two axial stops (19, 24)” is unclear as to what element the stopper is “engaging” to. Note that the term “between” identifies a location where the stopper is located during engagement to some element rather than an identification of the element that the stopper is to be engaged to.
Claim 6 is unclear as to how the axial stops can be “formed on at least one insert (23)” and also be located as previously recited in claim 5, i.e., “the housing further comprises a housing opening (20)… provided on its axially opposite sides with the two axial stops”. Claim 6 appears to describe the fig.4 embodiment whereas claim 5 (from which claim 6 depends) appears to describe the fig.3 embodiment, which are not compatible with one another as claimed.
Claim 7 recites “the cover (21) is provided with the two axial stops (24)” which is contrary to claim 5 (from which claim 7 depends) which provides the stops on the housing opening. Further note that the figure 3 and figure 4 embodiments show the two axial stops being provided on the housing opening or insert but not the cover (21).
Claim 8 is unclear if the recitation “a signal transmitter” (claim 8) is to refer to the same element as the previous recitation “a stopper” (claim 1 from which claim 8 depends) or to another element noting that both labels are assigned to a common element 18/26 in the figures. See MPEP 2173.05(o) which states "where a claim directed to a device can be read to include the same element twice, the claim may be indefinite. Ix parte Kristensen, 10 USPQ2d 1701 (Bd. Pat. App. & Inter. 1989)".
Claim 8 recites “a signal transmitter (26)… is arranged on the connecting rod (3)” which is contrary to the disclosure and thus unclear. Note that the transmitter (26) is depicted as arranged on the anti-rotation device (14) rather than the connecting rod (3).
Claim 8 recites “associated with the housing” which is unclear as to what manner of association is to be set forth, e.g., proximity, part type, color, size, shape, connection, etc.
Claim 12 recites “a connecting rod longitudinally movable within a housing along an actuating path defined by the two axial stops” is contrary to the disclosed invention and thus unclear. See applicant’s figures 3 and 4 which show the connecting rod (3) above the path defined by the stops rather than along. Only stopper (18) is shown positioned/moving along the path defined by two axial end stops (19, 24).
Claim 12 recites “a stopper mounted on the connecting rod” which is contrary to the disclosure and thus unclear. Note that the stopper (18) is depicted as arranged on the anti-rotation device (14) rather than the connecting rod (3).
Claim 12 recites “a connecting rod longitudinally movable within the housing along an actuating path defined by two axial stops” is contrary to the disclosed invention and thus unclear. See applicant’s figures 3 and 4 which show the connecting rod (3) above the path defined by the stops rather than along. Only transmitter (26) is shown positioned/moving along the path defined by two axial end stops (19, 24).
Claim 12 redundantly recites the limitation “signal receiver arranged within the housing” twice. Further, the limitation is contrary to the disclosure and thus unclear. Note that receiver (27) is depicted mounted to the outside of the housing (6) rather than within.
Claim 16 recites “stopper is configured to be axially adjustably mounted to the connecting rod” but the claim fails to set forth a reference frame for “axially” and the disclosure fails to describe what structural configuration facilitates the adjustability. Further, the figures show the stopper 18 as being axially blocked left/right on both sides by element 13/14. For purposes of applying the prior art elsewhere below the examiner takes the limitation to be met by structures that are connected by fastener such that they can be removed.
Claim 19 recites “a connecting rod longitudinally movable within the housing along an actuating path defined by two axial stops” is contrary to the disclosed invention and thus unclear. See applicant’s figures 3 and 4 which show the connecting rod (3) above the path defined by the stops rather than along. Only transmitter (26) is shown positioned/moving along the path defined by two axial end stops (19, 24).
Claim 19 redundantly recites the limitation “signal receiver arranged within the housing” twice. Further, the limitation is contrary to the disclosure and thus unclear. Note that receiver (27) is depicted mounted to the outside of the housing (6) rather than within.
The remaining claims depend from the above and are thus similarly unclear/rejected.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1, 11, 12 and 15-19 (as best understood, see 35 USC 112 rejections above) are rejected under 35 U.S.C. 102(a)(1) and/or (a)(2) as being anticipated by Jung KR20190020859.
Claim 1. An actuator of a steering system of a motor vehicle, the actuator comprising: a connecting rod (10) longitudinally movable in a housing (20) along an actuating path between two axial stops (left and right end walls of opening in 20 as seen in fig.1 and fig.4), the connecting rod penetrating the housing and configured for articulation of wheels (see English translation filed by applicant in this application on 3/28/2023), and the two axial stops are arranged axially behind one another and facing each other axially, and a stopper (41/100) interacting with the two stops is located inside the housing.
Claim 11. The actuator according to claim 1, wherein the stopper is configured as a signal transmitter (100/110 transmits/reflects 221 to 220 as seen in fig.5) for a linear displacement sensor (220).
Claim 12. An actuator for a steering system of a motor vehicle, the actuator comprising: a housing (20) having two axial stops (left and right end walls of opening in 20 as seen in fig.1 and fig.4), the two axial stops facing each other, a connecting rod (10) longitudinally movable within the housing along an actuating path defined by the two axial stops, and longitudinal movement of the connecting rod is configured to move at least one wheel of the motor vehicle (see English translation filed by applicant in this application on 3/28/2023), a stopper (41/100) mounted on the connecting rod, the stopper configured to abut with each of the two axial stops.
Claim 15. The actuator according to claim 12, wherein the connecting rod is configured to non-rotatably engage the housing such that rotation of the connecting rod relative to the housing is prevented (connecting rod 10 has all claimed rod structure such that the claimed properties/functions are presumed to be inherent thereto in accordance with MPEP 2112.01 and 2114 which stipulates that a prima facie case of inherency of the function/property established by the prior art structure shifts burden to applicant to obtain/test the prior art to prove otherwise in accordance with MPEP 2112.01 and 2114,).
Claim 16. The actuator according to claim 12, wherein the stopper is configured to be axially adjustably mounted to the connecting rod (via removal of bolt 43).
Claim 17. The actuator according to claim 12, wherein the stopper is configured as a signal transmitter (100/110 transmits/reflects toward 220 as seen in fig.5) for a linear displacement sensor (220).
Claim 18. The actuator according to claim 17, wherein the stopper moves axially within an opening of the housing, and a cover (30 as seen in fig.1, 200 as seen in fig.4) for the opening is configured as a signal receiver (receiver 220 being part of 200) for the linear displacement sensor.
Claim 19. An actuator for a steering system of a motor vehicle, the actuator comprising: a housing (20), a connecting rod (10) longitudinally movable within the housing along an actuating path defined by two axial stops (left and right end walls of opening in 20 as seen in fig.1 and fig.4) arranged axially behind one another and facing each other axially, and longitudinal movement of the connecting rod is configured to move at least one wheel of the motor vehicle (see English translation filed by applicant in this application on 3/28/2023), a linear displacement sensor (30/42/41 and/or 200/100) arranged within the housing (at least partially, or fully if the housing portions of the sensors are taken to be part of the claimed “housing”), the linear displacement sensor configured for detecting an axial position of the connecting rod, the linear displacement sensor having: a signal transmitter (e.g., transmitter 210; and/or reflector/transmitter 110) arranged within the housing, the signal transmitter configured to abut (via 120) with each of the two axial stops such that the signal transmitter and a first of the two axial stops define a first end of the actuating path and the signal transmitter and a second of the two axial stops define a second end of the actuating path, and a signal receiver (220) arranged within the housing (as best understood, see 35 USC 112 rejection), the signal receiver configured to cooperate with the signal transmitter to detect the axial position of the connecting rod within the actuating path, the signal receiver arranged within the housing (as best understood, see 35 USC 112 rejection).
Claims 1-8 and 10-20 (as best understood, see 35 USC 112 rejections above) are rejected under 35 U.S.C. 102(a)(1) and/or (a)(2) as being anticipated by Morinaga US20160311463.
Claim 1. An actuator of a steering system of a motor vehicle, the actuator comprising: a connecting rod (52) longitudinally movable in a housing (10) along an actuating path between two axial stops (sides of 10 sandwiching 62 therebetween), the connecting rod penetrating the housing and configured for articulation of wheels (para.0019), and the two axial stops are arranged axially behind one another and facing each other axially, and a stopper (62) interacting with the two stops is located inside the housing.
Claim 2. The actuator according to claim 1, wherein the connecting rod includes a threaded spindle (52c) of a screw drive (40), and a first connecting rod part (non-threaded part of 52 connecting to threaded part 52c) non-rotatably connected to the threaded spindle, the first connecting rod part having the stopper engaging between the two axial stops arranged on the housing.
Claim 3. The actuator according to claim 1, wherein the connecting rod includes a threaded spindle (52c) of a screw drive (40) and a first connecting rod part (non-threaded part of 52 connecting to threaded part 52c) non-rotatably connected to the threaded spindle and the first connecting rod part provided with the stopper.
Claim 4. The actuator according to any claim 2, wherein the first connecting rod part is configured as an anti-rotation device (non-threaded part of 52 prevented from rotation via 62, para.0026) for the connecting rod.
Claim 5. The actuator according to claim 2, wherein the housing further comprises a housing opening (opening in 10) covered by a cover (10c), the housing opening provided on its axially opposite sides with the two axial stops.
Claim 6. The actuator according to claim 5, wherein the two axial stops are formed on at least one insert (B) inserted in the housing opening.
Claim 7. The actuator according to claim 5, wherein the cover is provided with the two axial stops (see fig.1 and/or fig.8, each showing cover 10c provided with the stops by attachment thereto).
Claim 8. The actuator according to claim 2, further comprising a linear displacement sensor (61, 62) configured for detecting an axial position of the connecting rod, and a signal transmitter (62) of the linear displacement sensor is arranged on the connecting rod and a signal receiver (61) of the linear displacement sensor, covering the actuating path, is associated with the housing (via mounting therein).
Claim 10. The actuator according to any one of claim 1, further comprising a screw drive (51c), a motor (20) configured to drive the screw drive, and a threaded spindle (52c) non-rotatably arranged within the housing the threaded spindle to move axially within the housing.
Claim 11. The actuator according to claim 1, wherein the stopper is configured as a signal transmitter (62) for a linear displacement sensor (61, 62).
Claim 12. An actuator for a steering system of a motor vehicle, the actuator comprising: a housing (10) having two axial stops (sides of 10 sandwiching 62 therebetween), the two axial stops facing each other, a connecting rod (52) longitudinally movable within the housing along an actuating path defined by the two axial stops, and longitudinal movement of the connecting rod is configured to move at least one wheel of the motor vehicle (para.0019), a stopper (16) mounted on the connecting rod, the stopper configured to abut with each of the two axial stops.
Claim 13. The actuator according to claim 12, wherein the connecting rod is configured as part of a screw drive (40).
Claim 14. The actuator according to claim 12, wherein the connecting rod is configured as part of a planetary roller screw drive (40).
Claim 15. The actuator according to claim 12, wherein the connecting rod is configured to non-rotatably engage (via 62) the housing such that rotation of the connecting rod relative to the housing is prevented (52 prevented from rotation via 62, para.0026).
Claim 16. The actuator according to claim 12, wherein the stopper is configured to be axially adjustably mounted to the connecting rod (via fastener connecting/disconnecting 62 to 52).
Claim 17. The actuator according to claim 12, wherein the stopper is configured as a signal transmitter (62) for a linear displacement sensor (61, 62).
Claim 18. The actuator according to claim 17, wherein the stopper moves axially within an opening of the housing, and a cover (61, 10c) for the opening is configured as a signal receiver (61) for the linear displacement sensor.
Claim 19. An actuator for a steering system of a motor vehicle, the actuator comprising: a housing (10), a connecting rod (52) longitudinally movable within the housing along an actuating path defined by two axial stops (sides of 10 sandwiching 62 therebetween) arranged axially behind one another and facing each other axially, and longitudinal movement of the connecting rod is configured to move at least one wheel of the motor vehicle (para.0019), a linear displacement sensor (61, 62) arranged within the housing, the linear displacement sensor configured for detecting an axial position of the connecting rod, the linear displacement sensor having: a signal transmitter (62) arranged within the housing, the signal transmitter configured to abut with each of the two axial stops such that the signal transmitter and a first of the two axial stops define a first end of the actuating path and the signal transmitter and a second of the two axial stops define a second end of the actuating path, and a signal receiver (61) arranged within the housing, the signal receiver configured to cooperate with the signal transmitter to detect the axial position of the connecting rod within the actuating path, the signal receiver arranged within the housing.
Claim 20. The actuator according to claim 19, further comprising a planetary roller screw drive (40) configured to cooperate with threads (threads of 52c) of the connecting rod to move the connecting rod along the actuating path.
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 of this title, 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 9 (as best understood, see 35 USC 112 rejections above) is rejected under 35 U.S.C. 103 as being unpatentable over Morinaga US20160311463 in view of Jung KR20190020859.
Claim 9. Morinaga further discloses wherein the linear displacement sensor is a non-contact linear displacement sensor (61, 62) and includes a signal transmitter (62) configured to form the stopper. Signal transmitter (62) is disclosed by Morinaga as being “magnetic” but not expressly disclosed as being electrically conductive as claimed. However, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the signal transmitter to be electrically conductive since it was extremely well known in the art that it was desirable for a signal transmitter to be electrically conductive (e.g., see Jung English translation filed by applicant in this application on 3/28/2023 describing the Jung transmitter 42 as being desirably “iron” which is inherently/necessarily electrically conductive).
Conclusion
The prior art made of record on the attached PTO-892 and not relied upon above is considered pertinent to applicant's disclosure due general structural similarity thereto.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to VICTOR L MACARTHUR whose telephone number is (571)272-7085.
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/VICTOR L MACARTHUR/Primary Examiner, Art Unit 3618