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 .
Election/Restrictions
Applicant’s election without traverse of Species B in the reply filed on October 15, 2025 is acknowledged. Claims 1-8 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected species, there being no allowable generic or linking claim.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 9-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Stuetzler (DE 10120457)
With respect to claim 9, Stuetzler teaches a sensor device (switching element 1), comprising: a housing having a deformation section (layers 13, 14) that is deformable in a first direction when an external force is exerted on the deformation section in the first direction; a plurality of wires (contact elements 10-12) disposed on an inner surface of the housing and spaced apart from each other, each of the wires having a detection section, the detection sections of the wires being disposed on the deformation section of the housing and being spaced apart from each other in the first direction; and a state detecting unit (evaluation section) including a control circuit that is electrically coupled to the wires, and a conductive member that is electrically coupled to the control circuit, that is configured to be made of an electrically conductive material, and that is operable to contact the detection sections of the wires, the detection sections being urged to move relative to the conductive member when the housing is deformed, so that a quantity of the detection sections in contact with the conductive member varies with deformation of the housing, when the conductive member is in contact with the detection section of any one of the wires, the conductive member and the one of the wires cooperatively forming one closed circuit, the control circuit being adapted to transmit data of a quantity of the closed circuit to an external device. (Abstract, translation pages 4-5, Figs. 1, 3)
Stuetzler does not explicitly teach wherein the control circuit is disposed on the inner surface of the housing. However, one having ordinary skill in the art at the time the invention was filed would find this to be an obvious location for the circuit in order to locate the entire unit in a small space without the need for external wire connections.
With respect to claim 10, although Stuetzler, as modified, does not explicitly teach wherein the housing has an elliptical cross section, and the elliptical cross section has a minor axis that extends in the first direction, the detection sections of the wires being spaced apart from each other in an extending direction of the minor axis, the shape of the housing would appear to be a design choice, having a predictable impact on the function of the device, and therefore it would have been obvious to one having ordinary skill in the art at the time the invention was filed to modify the structure to have this structure.
With respect to claim 11, Stuetzler, as modified, teaches the housing is configured to be made of a resilient material so that the housing is resiliently deformable. (Abstract, translation pages 4-5, Figs. 1, 3)
With respect to claim 12, Stuetzler, as modified, teaches wherein a correlation between the quantity of the detection sections in contact with the conductive member and an extent of the deformation of the housing is positive, the conductive member being capable of contacting all of the detection sections at a time. (Abstract, translation pages 4-5, Figs. 1, 3)
With respect to claim 13, Stuetzler, as modified, teaches wherein each of the wires further includes an extension section, the state detecting unit further including a main body that includes a mounting portion fixedly mounted to the housing, the control circuit being electrically coupled to the extension sections of the wires. (Abstract, translation pages 4-5, Figs. 1, 3)
With respect to claims 14-15, although Stuetzler, as modified, does not explicitly teach wherein the state detecting unit further includes a main body that includes a detection portion adjacent to the detection sections of the wires, the conductive member being mounted to one side of the detection portion that faces the detection sections, wherein the conductive member is exposed from the detection portion, this would be an obvious arrangement for the state detection unit in order to interact with the detection sections in an efficient manner.
With respect to claim 16, although Stuetzler, as modified, does not explicitly teach wherein the control circuit is adapted to transmit the data of the quantity of the closed circuit to the external device via wireless transmission, one having ordinary skill in the art at the time the invention was filed would find this to be an obvious modification in order to allow the device to be self-contained and provide data readily to an external user.
With respect to claim 17, although Stuetzler, as modified, does not explicitly teach wherein at least one of the state detecting unit and the wires is disposed on the housing via a 3D printing process, the structure taught by Stuetzler is capable of being formed using a 3D printing process and therefore the process does not define the invention over the prior art.
With respect to claim 18, Stuetzler, as modified, teaches wherein the housing has a hollow structure. (Abstract, translation pages 4-5, Figs. 1, 3)
With respect to claim 19, although Stuetzler, as modified, does not explicitly teach wherein the housing is configured to be a component-carrying cover member that carries the wires and the state detecting unit, one having ordinary skill in the art at the time the invention was filed would find this to be an obvious arrangement in order to allow the device components to be provided in an efficient manner requiring a minimal amount of installation space.
With respect to claim 20, although Stuetzler, as modified, does not explicitly teach wherein the housing has an elliptical cross section that has a minor axis extending in the first direction, the state detecting unit further including a main body that includes a detection portion and a mounting portion, and that is located at the minor axis of the elliptical cross section of the housing, the detection portion extending in the first direction, the mounting portion interconnecting the detection portion and a middle part of the elliptical cross section of the housing, the shape of the housing and arrangement of the elements would appear to be a design choice, having a predictable impact on the function of the device, and therefore it would have been obvious to one having ordinary skill in the art at the time the invention was filed to modify the structure to have this structure.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US 6,194,890; DE 20103885; US 7,251,991 and US 9,389,138 each teach a device having similarities to the claimed subject matter.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Jill E Culler whose telephone number is (571)272-2159. The examiner can normally be reached M-F 8:30-5:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Stephen Meier can be reached at 571-272-2149. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JILL E CULLER/Primary Examiner, Art Unit 2853