DETAILED ACTIONNotice 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 allowance or after an Office action under Ex Parte Quayle, 25 USPQ 74, 453 O.G. 213 (Comm'r Pat. 1935). 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, prosecution in this application has been reopened pursuant to 37 CFR 1.114. Applicant's submission filed on 8/31/26 has been entered.
Case Status3. The indicated allowability of claims 1, 6, 8, 42, 47 – 51 and 53 is withdrawn in view of the newly discovered reference to Saker et al. Rejections based on the newly cited reference follows. Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to
AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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 1, 6, 42 and 47 – 51 are rejected under 35 U.S.C. 102(a)(1) as being
anticipated by Sakers et al. (7,665,373, hereinafter Sakers).
Regarding claim 1, Sakers discloses an apparatus comprising a shaft having a first end, a second end, a first cylinder mounting surface 80, a second cylinder mounting surface 82 and a first flexible area 41 located between said first cylinder mounting surface and said second cylinder mounting surface; a first cylinder element 70 having a first end and a second end, wherein said first end of said first cylinder is secured to said first cylinder mounting surface and said second end of said first cylinder carries a first plurality of targets 72; a second cylinder element 76 having a first end and a second end, wherein said first end of said second cylinder is secured to said second cylinder mounting surface and said second end of said second cylinder carries a second plurality of targets 78; wherein said first plurality of targets carried by said second end of said first cylinder and said second plurality of targets carried by said second end of said second cylinder form a pattern wherein the distance between adjacent targets defines a gap between adjacent targets; wherein the first flexible area has a first outer diameter; wherein the first cylinder mounting surface and the second cylinder mounting surface have a second outer diameter; wherein the first cylinder element has an interior diameter equal to the second outer diameter; and wherein said first outer diameter is less than said second outer diameter (See Fig. 2, See Col. 1, lines 7 – 11 and Col. 4, lines 6 – 35).
Regarding claim 6, said first end of said shaft includes a first component mounting point 32 and said second end of said shaft includes a second component mounting point 33 and further comprising at least a second flexible area 42, 48 located in at least one of said first and said second end, wherein said second flexible area defines a second region which will twist upon application of torque to either said first end or said second of said shaft (See Fig. 2).
Regarding claim 42, the shaft comprises a first end, a second end, a first cylinder mounting surface, a second cylinder mounting surface and a first flexible area 41 located between said first cylinder mounting surface and said second cylinder mounting surface; a first plurality of targets 72 secured to said first cylinder mounting surface; a second plurality of targets 78 secured to said second cylinder mounting surface; wherein said first plurality of targets and said second plurality of targets define a pattern wherein the distance between adjacent targets defines a gap between adjacent targets and said gap is consistent around a circumference of said shaft; and, wherein said first end of said shaft includes a first component mounting point 32 and said second end of said shaft includes a second component mounting point 33 and further comprising at least a second flexible area 42, 48 located in at least one of said first and said second end, wherein said second flexible area defines a second region which will twist upon application of torque to either said first end or said second end of said shaft (See Fig. 2, See Col. 1, lines 7 – 11 and Col. 4, lines 6 – 35).
Regarding claim 47, the pattern further comprises each individual target of the plurality of targets 72, 78 having a unique orientation relative to at least each target nearest to each other (See Fig. 2).
Regarding claim 48, the pattern further comprises the plurality of targets 72, 78 having alternating patterns (See Fig. 2).
Regarding claim 49, said first flexible area 41 defines a region which will twist upon application of torque to either said first end or said second end of said shaft (See Fig. 2).
Regarding claim 50, the first flexible area 41 is configured to twist upon application of an external torque to either said first end or said second end of said shaft and the degree of twist is sufficient to shift said plurality of targets carried by said first cylinder element relative to said plurality of targets carried by said second cylinder element or to shift said plurality of targets carried by said second cylinder element relative to said plurality of targets carried by said first cylinder element (See Fig. 2, See Col. 1, lines 7 – 11 and Col. 4, lines 6 – 35).
Regarding claim 51, said first flexible area 41 is configured to impart a shift between adjacent targets upon application of torque to either the first end or the second end (See Fig. 2, See Col. 1, lines 7 – 11 and Col. 4, lines 6 – 35).
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to
AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
Claims 8 and 53 are rejected under 35 U.S.C. 103 as being unpatentable over
Sakers et al. (7,665,373, hereinafter Sakers). Regarding claim 8, Sakers discloses an apparatus comprising a shaft having a first end, a second end, a first cylinder mounting surface 80, a second cylinder mounting surface 82 and a first flexible area 41 located between said first cylinder mounting surface and said second cylinder mounting surface; a first cylinder element 70 having a first end and a second end, wherein said first end of said first cylinder is secured to said first cylinder mounting surface and said second end of said first cylinder carries a first plurality of targets 72; a second cylinder element 76 having a first end and a second end, wherein said first end of said second cylinder is secured to said second cylinder mounting surface and said second end of said second cylinder carries a second plurality of targets 78; wherein said first plurality of targets carried by said second end of said first cylinder and said second plurality of targets carried by said second end of said second cylinder form a pattern wherein the distance between adjacent targets defines a gap between adjacent targets; wherein the first flexible area has a first outer diameter; wherein the first cylinder mounting surface and the second cylinder mounting surface have a second outer diameter; wherein the first cylinder element has an interior diameter equal to the second outer diameter; and wherein said first outer diameter is less than said second outer diameter (See Fig. 2, See Col. 1, lines 7 – 11 and Col. 4, lines 6 – 35). Sakers fails to disclose that the gap between adjacent targets has a tolerance of about 0.0001 to about 0.0002.
However, in Sakers, the teeth 72, 78 are circumferentially and equally spaced apart from another in a defined manner (See Fig. 2, See Col. 4, lines 28 - 35).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention was made to incorporate an improved device with targets having a specific tolerance since this type of device provides a dual head path to assure that a desired quantity of torque may be transmitted through a torquemeter (See Sakers, Col. 1, lines 6 – 11). Regarding claim 53, in Sakers, the shaft comprises a first end, a second end, a first cylinder mounting surface, a second cylinder mounting surface and a first flexible area 41 located between said first cylinder mounting surface and said second cylinder mounting surface; a first plurality of targets 72 secured to said first cylinder mounting surface; a second plurality of targets 78 secured to said second cylinder mounting surface; wherein said first plurality of targets and said second plurality of targets define a pattern wherein the distance between adjacent targets defines a gap between adjacent targets and said gap is consistent around a circumference of said shaft; and, wherein said first end of said shaft includes a first component mounting point 32 and said second end of said shaft includes a second component mounting point 33 and further comprising at least a second flexible area 42, 48 located in at least one of said first and said second end, wherein said second flexible area defines a second region which will twist upon application of torque to either said first end or said second end of said shaft (See Fig. 2, See Col. 1, lines 7 – 11 and Col. 4, lines 6 – 35).
Sakers fails to disclose that the gap between adjacent targets has a tolerance of about 0.0001 to about 0.0002.
However, in Sakers, the teeth 72, 78 are circumferentially and equally spaced apart from another in a defined manner (See Fig. 2, See Col. 4, lines 28 - 35).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention was made to incorporate an improved device with targets having a specific tolerance since this type of device provides a dual head path to assure that a desired quantity of torque may be transmitted through a torquemeter (See Sakers, Col. 1, lines 6 – 11).
Allowable Subject Matter
10. Claims 2, 7 and 11 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. The following is an examiner's statement of reasons for allowance: The primary reasons for indicating allowable subject matter that the prior art does not anticipate or make obvious the provisions of “the first cylinder mounting surface is a first outwardly extending flange and the second cylinder mounting surface is a second outwardly extending flange and wherein the configuration of the shaft assembly permits movement of the first plurality of targets relative to the second plurality of targets, movement of the second plurality of targets relative to the first plurality of targets or movement of both said first and second plurality of targets relative to one another upon application of torque to either said first end or said second end” (referring to claim 2), “said second flexible area comprises a series of openings passing through said first end or said second end with each opening separated by a spoke” (referring to claim 7) and “an outwardly projecting flange carried by said shaft, said outwardly projecting flange supporting either said first or second cylinder mounting surface and said outwardly projecting flange having a series of passageways therethrough, said passageways separated by spokes, said passageways and spokes defining a second flexible area” (referring to claim 11) in combination with the other limitations presented in claim 1.
Claims 12 – 15, 17 – 33, 35, 39 and 54 – 56 are allowed.
The following is an examiner's statement of reasons for allowance: The primary reasons for indicating allowable subject matter that the prior art does not anticipate or make obvious the provisions of “the first outwardly projecting flange is integral with the single integral component; a second outwardly extending flange positioned either at said second end or between said second end and said first end, said outwardly extending flange having a second outside diameter, wherein the second outwardly projecting flange is integral with the single integral component” in combination with the other limitations presented in claim 12, “dividing the cylinder into a first cylinder element and a second cylinder element by machining a plurality of targets into or through the cylinder after the cylinder is secured to the shaft and/or cylinder mounting surface” in combination with the other limitations presented in claim 18, “providing a pattern of targets by machining a first plurality of targets into or through the first cylinder element after the first cylinder element is secured to the shaft and/or cylinder mounting surface” in combination with the other limitations presented in claim 25, “said first end of said shaft includes a first component mounting point and said second end of said shaft includes a second component mounting point and further comprising at least a second flexible area located in at least one of said first and said second end, wherein said second flexible area fines a second region which will twist upon application of torque to either said first end or said second end of said shaft; and, wherein said second flexible area comprises a series of openings passing through said first end or said second end with each opening separated by a spoke” in combination with the other limitations presented in claim 32, “said first end of said shaft includes a first component mounting point and said second end of said shaft includes a second component mounting point and further comprising at least a second flexible area located in at least one of said first and said second end, wherein said second flexible arca defines a second region which will twist upon application of torque to either said first end or said second end of said shaft” in combination with the other limitations presented in claim 42 and “after the first cylinder element is secured to the shaft and/or cylinder mounting surface and after the second cylinder element is secured to the shaft and/or cylinder mounting surface, performing a final machining of the first plurality of rough pre-formed targets and the second plurality of rough preformed targets to provide a pattern of final targets” in combination with the other limitations presented in claim 54. Conclusion
The prior art made of record and not relied upon is considered pertinent to
applicant's disclosure.
13. Li et al. (CN110998270) disclose a torque sensor. Lee (CN102822038) discloses an apparatus for detecting torque and steering system with the device. Matsusaki et al. (CN1896704) disclose a torquemoment sensor.14. Any inquiry concerning this communication or earlier communications from the examiner should be directed to OCTAVIA HOLLINGTON whose telephone number is (571)272-2176. The examiner can normally be reached Monday-Friday 9am-5pm.
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/OCTAVIA HOLLINGTON/Primary Examiner, Art Unit 2855 9/18/26
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