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.
Specification
The specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant's cooperation is requested in correcting any errors of which applicant may become aware in the specification.
Claim Objections
Claim 10 is objected to because of the following informalities: in line 14 the word “positon” should read “position”. Appropriate correction is required.
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.
Claims 10-13, 16 and 17 rejected under 35 U.S.C. 102(a)(1) as being anticipated by Suzuki et al. (US20190280627, hereinafter Suzuki).
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[AltContent: connector][AltContent: connector]Regarding claim 10, in Figs. 2, 5, 6, 8 and 10, Suzuki discloses a vibration power generation device (1), comprising: a beam (4) comprising: a first surface (top surface); a second surface (bottom surface) opposite to the first surface; and a first end (left end); and a second end (right end) opposite to the first end; a piezoelectric member (51, 52, 53) on at least one of the first surface or the second surface; a fixation member: comprising: a first fixation member (3) in contact with the first surface; and a second fixation member (7) in contact with the second surface; and sandwiching the beam (refer to Fig. 2 for example), at the first end and at the second end, by the first fixation member and the second fixation member; wherein a first position is different from a second position at least one of the first end or the second end: wherein the first position is a position of a boundary on the first surface between a first contact region and a first non-contact region: wherein the first contact region is a region where the first fixation member is on the first surface; and the first non-contact region is a region where the first fixation member is not on the first surface; and the second position is a position of a boundary on the second surface between a second contact region and a second non-contact region: wherein the second contact region is a region where the second fixation member is on the second surface; and the second non-contact region is a region where the second fixation member is not on the second surface. Fig. 2 has been reproduced above and vertical lines were added for explanation purposes to show that the wall of element 3 is further inward than the portion of element 7 fixing the vibration portion.
Regarding claim 11, Suzuki shows the different first and the second positions in the extending direction of the beam.
Regarding claim 12, inherently the beam is a flexible plate (refer to paragraph [0031]).
Regarding claim 13, Suzuki discloses the fixation member comprising corners that are at a substantial right angle. (See Fig. 2)
Regarding claim 16, a first direction is a direction opposite to a second direction, wherein the first direction is a direction in which the second position is shifted with respect to the first position at the first end; and the second direction is a direction in which the second position is shifted with respect to the first position at the second end. (See Fig. 2)
Regarding claim 17, paragraph [0024] discloses the power generation system used in a sensor arrangement.
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.
Claims 14, 15 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Suzuki.
Regarding claim 14, Suzuki discloses the invention as explained above, but fails to explicitly disclose the fixation member comprising a corner that is rounded and in contact with the beam. It is well known in the art that rounded portions reduce stress concentration and prevent fracturing under vibration and thereby improve durability of the energy harvester. Therefore, it would have been obvious to one with ordinary skill in the before the effective filing date of the instant application to provide a fixation with rounded corners to prevent breakage of the beam and improve the durability of the energy harvester.
Regarding claim 15, Suzuki discloses the invention as explained above, but fails to explicitly disclose the shift at both ends in the same direction. However, it is the examiner’s position shifting the fixation members in the same position is an obvious matter of design choice and it would have been obvious to one with ordinary skill in the art before the effective filing date of the claimed invention to determine the fixation portions as necessitated by the specific requirements of the particular application. Therefore, it would have been obvious to one with ordinary skill in the before the effective filing date of the instant application to provide the first and second fixation portions shifted in the same direction at both ends.
Regarding claim 18, Suzuki discloses the invention as explained above, but fails to explicitly disclose the sensor module applied to a bridge, a railroad car or a factory machine. It would have been obvious to one of ordinary skill in the art at the time the claimed invention was made to use the energy harvesting device, since the patented structure is an energy harvesting device usable in other structures where vibrations can be harvested. Selecting a specific vibrating structure such as a bridge, railroad car or a factory machine would amount to a recitation of the intended use of the patented invention, without resulting in any structural difference between the claimed invention and the structure disclosed by Suzuki, and therefore fails to patentably distinguish the claimed invention from the prior art. See In re Casey, 152 USPQ 235 (CCPA 1967) and In re Otto, 136 USPQ 458, 459 (CCPA 1963).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See PTO-892.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Jaydi San Martin whose telephone number is (571)272-2018. The examiner can normally be reached on M-Th 7:45-6:00pm.
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/J. San Martin/
Primary Examiner, Art Unit 2837
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