DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
This Office Action is responsive to the communication filed on 05/21/2026. The claims 1- 20 are pending, of which the claim(s) 1, 10, & 18 is/are in independent form.
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Drawings
The outstanding objection to the drawings are withdrawn in light of the received amendment addressing the concerns raised by the last office action.
Response to Arguments
Applicant's arguments filed 05/21/2026 have been fully considered but they are not persuasive.
As to claims 1, 10, & 18, in substance, applicant argues that these claims require “select one of a plurality of stroke positions”, see lines 4- 5 of claim 1 and the cited Jenks (US 20190277532 A1) does not mention the term "stroke and hence does not disclose each and every element of the claimed invention, arranged as in the claim and cannot anticipate the claims. See Remarks, page 13. There are no other arguments.
Response: Examiner respectfully disagrees. Please note that per MPEP § 2112 and 2111 guidelines for anticipation and obviousness in light of applicant’s specification and “plain meaning”, prior art does not need to describe every claim limitation using the exact verbatim wording to render an invention unpatentable.
Here, per applicant’s specification in paras. [031, 065-068] states in part:
the actuator 200 “may be a linear actuator” and “For example, a user may select one of the stroke positions by placing the magnet 608 at one of a position 3, position 4, or any position between position 3 and position 4” as shown in fig. 8.
As in applicant’s specification, Jenks (US 20190277532 A1, from same applicant “Johnson Controls”) discusses the actuator 500 to encompass “linear actuator (e.g., a linear proportional actuator), a non-linear actuator” (084) and uses magnetic sensor (“may be hall effect sensors”, Jenks, para. 0101 and are analogous to applicant’s “Position sensors 522 may include Hall effect sensors” of Spec, para. 050) to “user input device may include magnet(s) that are movable into multiple different positions…provide settings for the actuator via the user input device by moving the magnet(s). The actuator controller may identify the location of the magnet(s), and may generate settings for the actuator based on the location of the magnet(s).” (para. 037).
Therefore, user provided settings in Jenks clearly correspond to stroke positions under BRI for the actuator in light of applicant’s specification even without the key word “stroke”.
Please note that verbatim matching between claimed elements and prior arts are not required for a prior art to teach such elements as in applicant’s position for anticipation. Examiner agrees that the anticipation requires that a single reference disclose each and every element of the claimed invention, arranged as in the claim, but does not require verbatim mapping between the claimed elements and the prior art’s disclosure.
For example, a prior art disclosing a rectangle having equal sides can still anticipate claimed square without having to disclose the word “square” since both of them cover same subject matter. With similar analogy, in Jenks’s disclosure, the selected position is for actuator settings of linear actuator and the position is sensed using the magnetic sensor to control the actuator settings. Thus, PHOSITA would clearly understand “movable into multiple different positions” (e.g., para. 037) of Jenks as disclosing claimed “plurality of stroke positions” under BRI.
Accordingly, applicant’s arguments deemed not persuasive, and the outstanding rejections are respectfully maintained.
Claim Rejections - 35 USC § 102
Claim(s) 1-20 is/are rejected under 35 U.S.C. 102(a) (1) as being anticipated by Jenks (US 20190277532 A1, reference of the record).
Regarding claim 1, Jenks teaches an actuator [“an actuator in a HVAC system”, e.g., actuator 500 shown in figs. 6- 8], comprising: (figs. 6- 8 [004, 084]);
an exterior housing [“actuator 500 is shown to include a housing 502 having a first side 504 (i.e., side A), a second side 506 (i.e., side B) opposite first side 504, and a bottom 508. Housing 502 may contain the mechanical and processing components of actuator 500”] ([085], Figs. 5- 8);
an actuating arm1 [“actuator includes a motor and a drive device”. E.g., “drive device 510, wherein the “device 510 may be a drive mechanism, a hub, or other device configured to drive or effectuate movement of a HVAC system 100 component”…. to receive a shaft of a damper, a valve…to a valve or damper shaft”] (Figs 6- 8, [086]);
a magnetic slider [“actuator includes a user input device retaining one or more magnets”, e.g., item 510/512. Please note that Jenks discloses - “The user may then slide user input device 514 from slot 516”, “the user may slide one or more magnets 604 within the respective slotted portion 622of input device 514”] disposed on the exterior housing and configured to select one of a plurality of stroke positions [“settings for the actuator”, wherein “settings may correspond to a respective detent 618 formed in the exterior-facing surface”. The selected position of “line actuators” to achieve different settings are stroke position in light of applicant’s specification of para. 065-068.] of the actuating arm (Fig. 5, [037, 084, 099, 0117, 0122]);
one or more sensors2 [“actuator includes one or more magnetic field sensors” like “hall effect sensor or a reed switch”] configured to determine a selected stroke position ([004-005, 0101, 0103, 0113]); and
a processing circuit [“actuator controller”, e.g., controller 606] configured to operate [“modifying the setting of actuator 500 according to the determined input from the user (step 906)…these settings may be associated with particular locations of magnets 604 of user input device 512, 514. Actuator controller 606 may generate”] the actuating arm based on the selected stroke position ([0102-0103, 0126]).
Regarding claim 2, Jenks teaches the actuator of claim 1, wherein the processing circuit generates a first control signal [“Actuator 500 may use the control signal to determine an appropriate PWM DC output for the BLDC motor”] to operate the actuating arm, where the first control signal is generated based on the selected stroke position and an auxiliary signal [“to receive a control signal (e.g., a voltage input signal) from an external system or device.”] provided by a controller ([087, 094, 0104]).
Regarding claim 3, Jenks teaches the actuator of claim 1, wherein the processing circuit generates a second control signal [a signal that causes one of the setting (e.g., “reverse acting”) due to different selection of the user input devices 512/514, “controller 606 may then generate those settings for actuator 500”] to operate the actuating arm, where the second control signal is generated based on the selected stroke position ([0104-0105]).
Regarding claim 4, Jenks teaches the actuator of claim 1, wherein the actuating arm is coupled to one of a valve, a damper [“coupling device may facilitate attaching drive device 510 to a valve or damper shaft”], and a louver ([056, 084, 086]).
Regarding claim 5, Jenks teaches the actuator of claim 1, wherein the one or more sensors are selected from a group consisting of hall effect sensors, 3-D magnetic sensors, potentiometers, optical sensors, proximity sensors, and magneto-resistive sensors ([005, 0101]).
Regarding claim 6, Jenks teaches the actuator of claim 1, wherein the magnetic slider is one of a linearly movable magnetic slider and a rotatably [“magnet may be rotatable about the axis by way of rotation of the arm”] movable magnetic slider ([008, 084, 094, 0107]).
Regarding claim 7, Jenks teaches the actuator of claim 1, wherein the magnetic slider is provided on an outer surface of an enclosure of the actuator ([0121], Figs. 5-6).
Regarding claim 8, Jenks teaches the actuator of claim 7, wherein the magnetic slider is integral to the enclosure ([099, 0122], Figs. 5-6).
Regarding claim 9, Jenks teaches the actuator of claim 7, wherein the magnetic slider is detachably coupled to the enclosure ([038, 099]).
Regarding claim 10, the rejection of claim 1 is incorporated. Thus, Jenks teaches a heating, ventilating, or air conditioning device [“an actuator 500 for use in a HVAC system”], comprising: ([084], Figs. 5- 8);
an exterior housing; an actuating arm [“actuator includes a motor and a drive device”]; a magnetic slider [“user input device”] disposed on the exterior housing and configured for selection of one of a plurality of stroke positions [settings /switched to different positions, magnets 604 may generate”] of the actuating arm and to be accessible above the exterior housing; a sensor [“one or more magnetic field sensors 602.”] ([036-037, 0101, 0106, 0120-0122]); and
a circuit [controller 606] configured to move the actuating arm based on a selected stroke position sensed by the sensor ([0102-0103], Fig. 9).
Regarding claim 11, Jenks teaches the device of claim 10, wherein the circuit generates a first control signal to operate the actuating arm, where the first control signal is generated based on the selected stroke position and an auxiliary signal [“Actuator 500 may use the control signal to determine an appropriate PWM DC output for the BLDC motor”] provided by a controller ([087, 094, 0104]).
Regarding claim 12, Jenks teaches the device of claim 10, wherein the circuit generates a second control signal to operate the actuating arm, where the second control signal is generated based on the selected stroke position ([0104-0105]).
Regarding claim 13, Jenks teaches the device of claim 10, wherein the actuating arm is coupled to one of a valve, a damper, and a louver ([056, 084]).
Regarding claim 14, Jenks teaches the device of claim 10, wherein the sensor is selected from a group consisting of hall effect sensors, 3-D magnetic sensors, potentiometers, optical sensors, proximity sensors, and magneto-resistive sensors ([056, 084]).
Regarding claim 15, Jenks teaches the device of claim 10, wherein the magnetic slider is one of a linearly movable magnetic slider and a rotatably movable magnetic slider ([084, 094, 0107]).
Regarding claim 16, Jenks teaches the device of claim 10, wherein the magnetic slider is provided on an outer surface of an enclosure of the device (Figs. 5- 6).
Regarding claim 17, Jenks teaches the device of claim 10, wherein the selected stroke position overrides [“modifying a setting of the actuator”] an electronic stroke position ([016, 0126]).
Regarding claim 18, the rejection of claim 1 is incorporated. Thus, Jenks teaches method of operating an actuator [“modifying a setting of actuator 500”], the method comprising: (Fig. 9);
determining a position [“determining a location of a magnet 604 of a user input device 512, 514 with respect to a magnetic field sensor 602 (step 902)”] of a slider [“the user may slide one or more magnets 604 within the respective slotted portion 622of input device 514. Each of these movements may correspond to a different user input”] using magnetics, the slider being disposed on an exterior housing; and moving an actuating arm of the actuator to a stroke position of the actuating arm related to the position of the slider ([099, 0120-0122], Figs. 5-6, 9).
Regarding claim 19, Jenks teaches the method of claim 18, wherein a processing circuit generates a first control signal to operate the actuating arm, where the first control signal is generated based on the position of the slider and an auxiliary signal provided by a controller ([087, 094, 0104]).
Regarding claim 20, Jenks teaches the method of claim 19, wherein the processing circuit generates a second control signal to operate the actuating arm, where the second control signal is generated based on the position of the slider ([0104-0105]).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
1) Bettini (US 9903159 B2) teaches a liner actuator with a detector that detects the end-stroke position of the bank of telescopic or Kelly bars (Claim 1).
2) Timotion NPL article (see attached) teaches using a hall effect sensor (magnetic type) to determine the actuator’s stroke position at all time (page 2).
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.
Contacts
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SANTOSH R. POUDEL whose telephone number is (571)272-2347. The examiner can normally be reached Monday - Friday (8:30 am - 5:00 pm).
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kamini Shah can be reached at (571) 272-2279. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. 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.
/SANTOSH R POUDEL/ Primary Examiner, Art Unit 2115
1 Spec, in para. 061 states “actuating arm may further operate the valve assembly 604 based on the first control signal.” The para. 056 states --“The actuating arm may be configured to control the valve assembly 604, for example, the actuating arm may actuate a valve member”. Hence, any movable element having a motor based on the command of a processing circuit of the actuator is interpreted to read on the claimed “actuating arm” under BRI.
2 Applicant’s specification in para. 050 states “Position sensors 522 may include Hall effect sensors, potentiometers, optical sensors, or other types of sensors configured to measure the rotational position of BLDC motor 528 and/or drive device 530.”
Prosecution Insights