DETAILED ACTION Notice to A pplicant 1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA. 2. Claims 1-17 are pending. Priority 3. Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55. Claim Rejections - 35 USC § 102 4. 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. 5. Claims 1 -2 and 13 are rejected under 35 U.S.C. 102 (a)(1) as being anticipated by Shirai et al. (US 2002/0105445 – hereinafter “Shirai”). Per claim 1 , Shirai teaches a magnetic encoder comprising: a magnetic field generator (Fig. 2; magnetic drum 53; ¶33) configured to generate a target magnetic field including a magnetic field component in a first direction (The magnetic drum 53 includes magnetized portions 53a arranged along a n outer circumferen tial surface thereof that generate magnetic fields 3 . Each magnetic field 3 has a component in a circumferential direction of the magnetic drum 53 (Fig. 5; ¶39)) ; and a magnetic sensor (Fig. 5 ; magnetic sensor unit 54 0 ; ¶ 52 ) configured to detect the target magnetic field, wherein the magnetic sensor and the magnetic field generator are configured such that strength of the magnetic field component in a reference position changes when at least one of the magnetic sensor and the magnetic field generator operates (The magnetic drum 53 is configured to rotate relative to the magnetic sensor unit 540 (Fig. 5; ¶34)) , the magnetic field generator is a magnetic scale including a plurality of pairs of N and S poles alternately arranged (The magnetized portions 53a arranged around the magnetic drum 53 provide a plurality of pairs of N and S poles arranged alternately (Fig. 5; ¶52 )) , the magnetic sensor includes a plurality of resistors each configured to change in resistance with change in the strength of the magnetic field component, and is configured to generate a first detection signal and a second detection signal each corresponding to change in the strength of the magnetic field component , the plurality of resistors include two resistors, a resistance of one resistor of the two resistors has a correspondence with the first detection s ignal, a resistance of another resistor of the two resistors has a correspondence with the second detection signal , the one resistor and the other resistor are arranged in positions different from each other in the first direction such that a phase of the first detection signal and a phase of the second detection signal are different from each other (The magnetic sensor unit 540 includes a plurality of magnetic reluctance elements S1 to S12. The resistance of each magnetic reluctance element is configured to change according to an applied magnetic field. A first magnetic reluctance element S1 is spaced apart from a second magnetic reluctance element S2 in the first direction by π/ 6 where 2π is a pitch of the magnetized portions 53a . A first voltage V1 is generated from the first magnetic reluctance element S1 and a second voltage V2 is generated from the second magnetic reluctance element S2 (Fig s . 5 -6 ; ¶52 -53 )) , when a magnetic pole pitch refers to a center-to-center distance between two N poles adjoining via one S pole in the magnetic scale, and a design pitch refers to four times a distance between a predetermined position in the one resistor and a predetermined position in the other resistor in the first direction, the magnetic pole pitch is greater than the design pitch (The design pitch (4 π /6) is less than the pitch ( 2π ) of the magnetized portions 53a (Fig. 5; ¶52)) , each of the first and second detection signals contains an ideal component that varies periodically so as to trace an ideal sinusoidal curve, and a plurality of harmonic components each corresponding to a higher-order harmonic of the ideal component, and the plurality of resistors are configured to reduce at least a harmonic component corresponding to a second-order harmonic among the plurality of harmonic components (The magnetic reluctance elements S1 to S12 are arranged to correct second-order harmonic distortion that would arise in the calculation of the rotation angle of the magnetic drum 53 (¶52)) . Per claim 2 , Shirai teaches the magnetic encoder according to claim 1, wherein the magnetic pole pitch is greater than 1.1 times the design pitch (The pitch (2π) of the magnetized portions 53a is greater than 1.1 times the design pitch (4π/6) (Fig. 5; ¶52) ) . Per claim 13 , Shirai teaches the magnetic encoder according to claim 1, wherein: the magnetic field generator is configured to rotate about a rotation axis, and includes an outer circumferential surface directed to a direction away from the rotation axis; the plurality of pairs of N and S poles are alternately arranged around the rotation axis, and are provided on the outer circumferential surface; the strength of the magnetic field component in the reference position changes according to rotation of the magnetic field generator; and the magnetic sensor is located to face the outer circumferential surface (The magnetic drum 53 is configured to rotate about a rotation axis and includes a plurality of pairs of N and S poles alternately arranged on an outer circumferential surface thereof . The magnetic sensor unit 540 faces the outer circumferential surface of the magnetic drum 53 (Fig. 5; ¶52)) . Claim Rejections - 35 USC § 103 6. 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. 7 . Claim s 11-12 and 14-16 are rejected under 35 U.S.C. 103 as being obvious in view of Shirai and Mizuno (US 20 22 / 0236046 ). Per claim 11 , Shirai teaches the magnetic encoder according to claim 1, wherein: the magnetic field generator is configured to rotate about a rotation axis (¶53) . However, Shirai does not explicitly teach the magnetic field generator including an end surface located at an end in one direction parallel to the rotation axis; the plurality of pairs of N and S poles are alternately arranged around the rotation axis, and are provided on the end surface; the strength of the magnetic field component in the reference position changes according to rotation of the magnetic field generator; and the magnetic sensor is located to face the end surface. In contrast, Mizuno teaches a Lidar apparatus 100 comprising a rotation angle detect ion apparatus 50 f that is configured to detect the rotation angle of a rotating body 24 which may be a mirror. The rotation angle detection apparatus 50f includes a magnetic rotary scale 510f having a n end surface located at an end in a direction parallel to the rotation axis of a shaft 40 connected to the rotating body 24. The end surface includes a detection region 514f having a plurality of N-pole portions and S-pole portions. A detector 520f facing the magnetic rotary scale 510f is configured to detect a magnetic field from the detection region 514f of the magnetic rotary scale 510f (Fig. 1; ¶21 -22, 29, 9 2-96 ) . It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to implement the encoder of Shirai in a Lidar apparatus to detect the rotation angle of a n optical element wherein a magnetic field generator is disposed on an end surface of a rotating part located at an end of the rotating part in a direction parallel to a rotation axis of the rotating part . One of ordinary skill would make such a modification for the purpose of detecting a rotation angle of rotating body (Mizuno; ¶96-97) . Per claim 12 , Shirai in view of Mizuno teaches the magnetic encoder according to claim 11, wherein the magnetic field generator is configured to rotate in conjunction with an optical element configured to change a traveling direction of light for measuring a distance to a target object (In the device of Shirai in view of Mizuno, the magnetic drum would be adapted to rotate according to the rotation of a mirror in a Lidar apparatus (Mizuno; ¶21-22)) . Per claim 14 , Shirai does not explicitly teach the magnetic encoder according to claim 13, wherein the magnetic field generator is configured to rotate in conjunction with an optical element configured to change a traveling direction of light for measuring a distance to a target object. In contrast, Mizuno teaches a Lidar apparatus 100 comprising a rotation angle detection apparatus 50f that is configured to detect the rotation angle of a rotating body 24 which may be a mirror (Fig. 1; ¶21-22, 29, 92-96) . It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to implement the encoder of Shirai in a Lidar apparatus having an optical element . O ne of ordinary skill would make such a modification for the purpose of detecting a rotation angle of rotating body (Mizuno; ¶96-97) . Per claim 1 5 , Shirai does not explicitly teach a distance measuring device for measuring a distance to a target object by detecting applied light, the distance measuring device comprising: an optical element configured to rotate together when a traveling direction of the light changes; and the magnetic encoder according to claim 1; wherein the magnetic field generator is configured to rotate about a rotation axis in conjunction with the optical element, the plurality of pairs of N and S poles are alternately arranged around the rotation axis, and the strength of the magnetic field component in the reference position changes according to rotation of the magnetic field generator. In contrast, Mizuno teaches a Lidar apparatus 100 comprising a rotation angle detection apparatus 50f that is configured to detect the rotation angle of a rotating body 24 which may be a mirror. The rotation angle detection apparatus 50f includes a magnetic rotary scale 510f having an end surface located at an end in a direction parallel to the rotation axis of a shaft 40 connected to the rotating body 24. The end surface includes a detection region 514f having a plurality of N-pole portions and S-pole portions. A detector 520f facing the magnetic rotary scale 510f is configured to detect a magnetic field from the detection region 514f of the magnetic rotary scale 510f (Figs. 1 and 11; ¶21-22, 29, 92-96) . It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to implement the encoder of Shirai in a Lidar apparatus to detect the rotation angle of an optical element wherein a magnetic field generator is disposed on an end surface of a rotating part located at an end of the rotating part in a direction parallel to a rotation axis of the rotating part. One of ordinary skill would make such a modification for the purpose of detecting a rotation angle of rotating body (Mizuno; ¶96-97) . Per claim 16 , Shirai in view of Mizuno teaches the distance measuring device according to claim 15, wherein: the magnetic field generator includes an end surface located at an end in one direction parallel to the rotation axis; the plurality of pairs of N and S poles are provided on the end surface; and the magnetic sensor is located to face the end surface (In the device of Shirai in view of Mizuno, the magnetic drum would be adapted to rotate according to the rotation of a mirror in a Lidar apparatus and include magnetization portions on an end surface thereof which face the sensor (Mizuno; Fig. 11; ¶92-96)) . 8 . Claim 17 is rejected under 35 U.S.C. 103 as being obvious in view of Shirai and Mizuno, in further view of Carothers et al. (US 2017/0160541 – hereinafter “Carothers”). Per claim 17 , Shirai in view of Mizuno does not explicitly teach the distance measuring device according to claim 15, the magnetic field generator includes an outer circumferential surface directed to a direction away from the rotation axis; the plurality of pairs of N and S poles are provided on the outer circumferential surface; and the magnetic sensor is located to face the outer circumferential surface. In contrast, Carothers teaches a LIDAR device comprising an encoder member 140 disposed about a circumference of a wedge element 100 having a wedge-shaped prism 180 . M agnetic sensors 170 secured to a sidewall 28 face the encoder member 140 (Figs. 3-4; ¶26 and 31) . 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 device of Shirai in view of Mizuno such that the magnetic field generator includes an outer circumferential surface directed to a direction away from the rotation axis; the plurality of pairs of N and S poles are provided on the outer circumferential surface; and the magnetic sensor is located to face the outer circumferential surface. One of ordinary skill would make such a modification for the purpose of detecting a rotation angle of rotating body ( Carothers ; ¶ 39 ) . Claim Objections 9 . Claim s 3 -10 are 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. Per claim 3, the prior art of record is silent on the magnetic encoder according to claim 2, wherein the magnetic pole pitch is greater than 1.25 times the design pitch and smaller than 1.75 times the design pitch. Per claim 4, the prior art of record is silent on, in particular, the arrangement of the eight resistors described by this claim. Claims 5-10 are consequently objected to due to their dependence on claim 4. Conclusion 1 0 . Any inquiry concerning this communication or earlier communications from the examiner should be directed to FILLIN "Examiner name" \* MERGEFORMAT JAS A. SANGHERA whose telephone number is FILLIN "Phone number" \* MERGEFORMAT (571)272-4787 . The examiner can normally be reached FILLIN "Work Schedule?" \* MERGEFORMAT M-Th, alt. Fri, 8-5 EST . Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. 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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. /JAS A SANGHERA/ Primary Examiner, Art Unit 2852