DETAILED ACTION
Applicant's submission filed on January 29, 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 1-2, 6, and 9 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.
Rejection of claim 1, the limitation “a circuit board arranged around a shaft such that the shaft rotates relative to the circuit board… circuit board are mounted around the shaft” is infinite or unclear.
Claim is missing underlying essential structure that shows how a circuit board attached so that arranged around a shaft. It is essential to have underlying essential structure without that circuit board failed to arranged or mounted around the shaft. Therefore, underlying essential structure is required.
The limitation “sensor coils that include a sine-wave coil and a cosine-wave coil” is infinite or unclear. It is not clear what is a sine-wave coil and a cosine-wave coil. The sine-wave coil and cosine-wave coil are which have coil is shaped in sine-wave or cosine-wave, or the sine-wave coil and cosine-wave coil are which have coil that has sine-wave signal or cosine-wave signal. proper clarification is required.
Appropriate action is required.
Rejection of claim 2, 6, and 9, claims 2, 6, and 9 are rejected by the same reason applied to rejection of claim 1 above.
Rejection of claim 6, the limitation “the conductive target includes a first target proximate to a first side of the circuit board of or to a second side of the circuit board opposite the first side”’ is unclear.
It is appears to be the conductive target is a first conductive target. Note that there is only one conductive targe. Term “includes” is open ended appears to defines more than one or having something else which is incorrect. See specification what is consider as “a conductive target: and “conductive targets”; furthermore, see analogy such as a paper or a direction and papers or directions.
Appropriated action is required.
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.
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 1-2 and 6 are rejected under 35 U.S.C. 102(a)(1)/(a)(2) (whichever apply) as anticipated by Cunha (US20210302206) or Gerardiere (US20160146637).
Note: Rejection under USC 103 below is given to advance prosecution, however, a proper clarification or amendment is required as mentioned above under USC 112 and requires proper clarification or amendment.
Rejection of claim 1, Cunha (figures 1-5 of Cunha, and paragraphs 0037,0038 and 0045, additionally see Specification) Or Gerardiere (figures 1-5 of Gerardiere, and paragraphs 0037,0038 and 0045, additionally see Specification) discloses a control, comprising: a circuit board arranged around a shaft such that the shaft rotates relative to the circuit board, each of the the circuit board including an inductive position sensor having a transmission coil, sensor coils that include a sine-wave coil and a cosine-wave coil, and control circuitry that drives the transmission coil and receives signals from the sensor coils; and a conductive target mounted on the shaft and configured to rotate over the sensor coils of circuit board as the shaft is rotated, wherein the circuit board are mounted around the shaft, and wherein the position of the conductive target is determined by the control circuitry based on the signals received from the sine-wave coil and the cosine-wave coil as the shaft is rotated (Cunha discloses figures 1-5 of Cunha, and paragraphs 0037,0038 and 0045, additionally see entire specification wherein the stator part 2 of the position sensor 1 is produced over a limited length corresponding to the stroke of the moving body, i.e. of the target 3 wherein the target 3 is made of a conductive material such as metal material, to allow the flow of eddy currents; a circuit board 5 which is fixedly mounted with respect to the target 3; a primary transmission coil 7 surrounding only two secondary sine and cosine coils 8, 9; and the detector 13 connected to the secondary coils allows determining, from the induced signals derived from the secondary coils, and allow determining the position of the target; or Cunha discloses figures 1-5 of Cunha, and paragraphs 0017,0035-0036, 0042-0045, 0050, and additionally see entire specification wherein a target 14 made a conductive material, mounted on said drive shaft in order to permit the sensor to determine the position of the shaft; wherein the printed circuit board 21 is mounted in the vehicle in a fixed manner directly above the target 14 in such a way as to determine the position of the shaft 11. Where in the printed circuit board 21 comprises a transmitting coil 22, a single first receiving coil 23 and a single second receiving coil 24 are sine wave coil and cosine wave coil. The electronic module 25 thus determines the position of the target in the detection zone from the sine and cosine signals from the two receiving coils).
Referring to claim 2, Cunha Or Gerardiere discloses the control of claim 1, but fails to disclose wherein each of the one or more circuit boards occupies less than 180 degrees of an circular arrangement around the shaft (see 5 in figure 2 of Cunha; or see in figure 2 of Gerardiere wherein board do not go 180 degrees around the shaft ).
Referring to claim 6, Cunha or Gerardiere disclose the control of claim 1, wherein the conductive target (see 3 and 5 in figure 2 of Cunha; or see the figures or specification of Gerardiere).
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, 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 is rejected under 35 U.S.C. 103 as being obvious over Cunha or Gerardiere.
Referring to claim 9, Cunha or Gerardiere discloses the control of claim 1, but clearly does not discloses wherein the control is a throttle control.
Examiner makes office notice that a control as throttle control include an inductive position sensor which can be adapted for use in a throttle pedal position detector in an automotive vehicle, or position of other movable objects already known and old; and furthermore, see cited references wherein this type of arrangement as throttle control known and old.
It would have been obvious to the ordinary skill in the art before the effective filing date of claimed invention to modify the control of Cunha or Gerardiere to have the control as throttle control for the reason given above in the examiner official notice.
Response to Arguments
Applicant’s arguments with respect to the claim(s) have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Pertinent Prior Arts
The prior arts made of record and not relied upon is considered pertinent to applicant's disclosure. Please refer to the enclosed PTO-892 form for the citation of pertinent arts in the present case, all of which disclose various control devices.
Communication
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PARESH PAGHADAL whose telephone number is (571)272-5251. The examiner can normally be reached 7:00AM-4:00PM, Monday - Thursday.
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/PARESH PAGHADAL/Primary Examiner, Art Unit 2847
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