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
Newly submitted claims 1-2, 4, 27 and 29 are directed to an invention that is independent or distinct from the invention originally claimed for the following reasons:
Restriction to one of the following inventions is required under 35 U.S.C. 121:
I. Claims 1-2, 4, 27 and 29, drawn to a sensor unit of a human-powered vehicle, classified in B62M6/50.
II. Claims 5-25 and 28, drawn to a rotary device, classified in B62J45/411.
The inventions are independent or distinct, each from the other because:
Inventions I and II are directed to related products. The related inventions are distinct if: (1) the inventions as claimed are either not capable of use together or can have a materially different design, mode of operation, function, or effect; (2) the inventions do not overlap in scope, i.e., are mutually exclusive; and (3) the inventions as claimed are not obvious variants. See MPEP § 806.05(j). In the instant case, the inventions as claimed in Group I requires “the first information sensed by the first sensor includes a first torque component and a first thermal component, the second information sensed by the second sensor includes a second torque component and a second thermal component, and the first thermal component and the second thermal component are substantially equal” while Group II does not, also Group II requires “a first recess provided between the first portion and the second portion, the first longitudinal center axis extending through the recess”. Furthermore, the inventions as claimed do not encompass overlapping subject matter and there is nothing of record to show them to be obvious variants.
Since applicant has received an action on the merits for the originally presented invention, this invention has been constructively elected by original presentation for prosecution on the merits. Accordingly, claims 1-2, 4, 27 and 29 are withdrawn from consideration as being directed to a non-elected invention. See 37 CFR 1.142(b) and MPEP § 821.03.
To preserve a right to petition, the reply to this action must distinctly and specifically point out supposed errors in the restriction requirement. Otherwise, the election shall be treated as a final election without traverse. Traversal must be timely. Failure to timely traverse the requirement will result in the loss of right to petition under 37 CFR 1.144. If claims are subsequently added, applicant must indicate which of the subsequently added claims are readable upon the elected invention.
Should applicant traverse on the ground that the inventions are not patentably distinct, applicant should submit evidence or identify such evidence now of record showing the inventions to be obvious variants or clearly admit on the record that this is the case. In either instance, if the examiner finds one of the inventions unpatentable over the prior art, the evidence or admission may be used in a rejection under 35 U.S.C. 103 or pre-AIA 35 U.S.C. 103(a) of the other invention.
Allowable Subject Matter
Claims 5-25 and 28 are allowed over the prior art of record.
The following is an examiner’s statement of reasons for allowance: The primary reasons for allowance of independent claim 5 is the inclusion of the specific limitations of “a first recess provided between the first portion and the second portion, the first longitudinal center axis extending through the recess; and a sensor unit configured to measure the first force and the second force, wherein the sensor unit includes a first sensor, the first portion is provided on a first surface, the first surface faces in a first circumferential direction toward the first longitudinal center axis, and the first sensor is at least partially provided on the first surface”, in combination of with all other recited associated elements in a rotary device.
The primary reasons for allowance of independent claim 28 is the inclusion of the specific limitations of “a recess provided between the first portion and the second portion; and a sensor unit including a first sensor configured to measure the first force and a second sensor configured to measure the second force, wherein the rotary device includes a disc brake rotor, the first sensor and the second sensor are provided on different surfaces within the recess, and the first sensor and the second sensor are arranged symmetrically with respect to the first longitudinal center axis”, in combination of with all other recited associated elements in a rotary device.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to XIN Y ZHONG whose telephone number is (571)272-3798. The examiner can normally be reached M-F 9 a.m. - 6 p.m..
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kristina Deherrera can be reached at 303-297-4237. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/XIN Y ZHONG/ Primary Examiner, Art Unit 2855
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