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 .
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 1-17 and 19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Abraham (US 4,858,481).
Regarding Claim 1, Abraham discloses a linear actuator system comprising:
An AC motor (44).
A screw assembly (54, 58) with an output shaft (54), the screw assembly mechanically coupled to the AC motor (see Fig. 1).
An extension tube (64) with a front mount (125), the extension tube configured and arranged to be driven in translatory motion in either direction by the screw assembly (see Fig. 1).
A cover tube (60) enclosing the extension tube and screw assembly (see Fig. 1).
An actuator housing (12, 14, 20, 24, 46) operatively associated with the screw assembly and the AC motor (see Fig. 1), the actuator housing having a removable cover (see Fig. 2, showing screws for removing the cover 20, 24).
A variable frequency drive (104) mounted within the actuator housing (see Fig. 1, note: capacitor subassembly 104 is used to provide for change of phase between the windings of the motor, and accordingly is a variable frequency).
Regarding Claim 2, Abraham further discloses the linear actuator system of claim 1, wherein the variable frequency drive is mounted on the removable cover (see Fig. 1).
Regarding Claim 3, Abraham further discloses the linear actuator system of claim 1, wherein the removable cover facilitates heat transfer out of the actuator housing (note anything with mass facilitates heat transfer).
Regarding Claim 4, Abraham further discloses the linear actuator system of claim 1, further comprising a bracket attached to the inside surface of the removable cover (see Fig. 1, showing the “L” shaped plate for attaching the four shown capacitors, that is attached to the inside cover through housing 12 and bolts).
Regarding Claim 5, Abraham further discloses the linear actuator system of claim 4, wherein the variable frequency drive is mounted on the bracket (see Fig. 1).
Regarding Claim 6, Abraham further discloses the linear actuator system of claim 1, further comprising one or more gears (26) configured and arranged to reduce the speed of a shaft on the AC motor (see Fig. 1).
Regarding Claim 7, Abraham further discloses the linear actuator system of claim 6, wherein a gearbox (see Fig. 1, showing the bottom portion of element 12, as the figure is oriented) encloses the one or more gears (see Fig. 1).
Regarding Claim 8, Abraham further discloses the linear actuator system of claim 7, wherein the actuator housing is mounted on the gearbox (see Fig. 1).
Regarding Claim 9, Abraham further discloses the linear actuator system of claim 1, wherein the removable cover has a plurality of cooling fins disposed on an outer surface thereof (see Fig. 4, showing structural protrusions, such as element 28, 120, and 132, which would function as fins).
Regarding Claim 10, Abraham further discloses the linear actuator system of claim 1, further comprising a position sensor (210, 212) located inside the actuator housing and configured and arranged to detect the position of the output shaft (see Fig. 8).
Regarding Claim 11, Abraham further discloses the linear actuator system of claim 1, further comprising a rear mount assembly (28) extending from the outside surface of the removable cover (see Fig. 1).
Regarding Claim 12, Abraham further discloses the linear actuator system of claim 4, wherein at least a portion of the bracket extends substantially perpendicular to the inside surface of the removable cover (see Fig. 1).
Regarding Claim 13, Abraham further discloses the linear actuator system of claim 11, wherein the rear mount assembly is removably attached to the removable cover (see Fig. 1, showing e.g. bolts 130, 132).
Regarding Claim 14, Abraham discloses a linear actuator system comprising:
An AC motor (44) having an input shaft (92).
One or more gears (26) configured and arranged to reduce the speed of the input shaft (see Fig. 1).
A gearbox (see Fig. 1, showing the bottom portion of housing 12 as the figure is oriented) enclosing the one or more gears (see Fig. 1).
A screw assembly (54, 58) with an output shaft (54) mechanically coupled to the one or more gears (see Fig. 1).
An extension tube (64) with a front mount (125), the extension tube configured and arranged to be driven in translatory motion in either direction by the screw assembly (see Fig. 1).
A cover tube (60) enclosing the extension tube and screw assembly (see Fig. 1).
An actuator housing (12, 14, 20, 24, 46) operatively associated with the screw assembly and the AC motor (see Fig. 1), the actuator housing having a removable cover (20, 24).
A variable frequency drive (104) mounted on the removable cover (see Fig. 1, showing mounting through bolts attaching it through housing portion 12) to facilitate heat transfer out of the actuator housing through the removable cover (note anything with mass facilitates heat transfer).
Regarding Claim 15, Abraham further discloses the linear actuator system of claim 14, further comprising limit switches (210, 212) operatively associated with the screw assembly (see Col. 7 Line 62 - Col. 8 Line 5).
Regarding Claim 16, Abraham further discloses the linear actuator system of claim 14, further comprising one of an encoder or potentiometer (190) for sensing the position of the output shaft (see Col. 7 Line 62 - Col. 8 Line 5).
Regarding Claim 17, Abraham further discloses the linear actuator system of claim 14, further comprising analog and/or digital outputs configured for one of actuator control, position feedback, synchronization, condition monitoring and setting adjustments (see Fig. 9).
Regarding Claim 19, Abraham discloses a linear actuator system comprising:
An AC motor (44) having an input shaft (92).
One or more gears (26) configured and arranged to reduce the speed of the input shaft (see Fig. 1).
A gearbox enclosing the one or more gears (see Fig. 1, showing the lower portion of housing 12, as the figure is oriented).
A screw assembly (54, 58) with an output shaft (54) mechanically coupled to the one or more gears (see Fig. 1).
An extension tube (64) with a front mount (125), the extension tube configured and arranged to be driven in translatory motion in either direction by the screw assembly (see Fig. 1).
A cover tube (60) enclosing the extension tube and screw assembly (see Fig. 1).
An actuator housing (12, 14, 20, 24, 46) operatively associated with the screw assembly and the AC motor (see Fig. 1), the actuator housing having a removable cover (20, 24) with an inside surface (see Fig. 1)
A bracket (see Fig. 1, showing the “L” shaped plate for attaching the capacitors of element 104) attached to the inside surface of the removable cover (see Fig. 1, showing attachment through the upper housing portion 12, via bolts).
A variable frequency drive (104) mounted on the bracket (see Fig. 1) adjacent to the inside surface of the removable cover (see Fig. 1) to facilitate heat transfer out of the actuator housing through the removable cover (note anything with mass facilitates heat transfer).
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-3, 6-7, 14, and 18 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1 and 2 of U.S. Patent No. 11,808,327. Although the claims at issue are not identical, they are not patentably distinct from each other because:
Claim 1: A linear actuator system comprising (‘327 Claim 1; ‘327 Claim 2):
An AC motor (‘327 Claim 1; ‘327 Claim 2).
A screw assembly with an output shaft, the screw assembly mechanically coupled to the AC motor (‘327 Claim 1; ‘327 Claim 2).
An extension tube with a front mount, the extension tube configured and arranged to be driven in translatory motion in either direction by the screw assembly (‘327 Claim 1; ‘327 Claim 2).
A cover tube enclosing the extension tube and screw assembly (‘327 Claim 1; ‘327 Claim 2).
An actuator housing operatively associated with the screw assembly and the AC motor, the actuator housing having a removable cover (‘327 Claim 1; ‘327 Claim 2).
A variable frequency drive mounted within the actuator housing (‘327 Claim 1; ‘327 Claim 2).
Claim 2: The linear actuator system of claim 1, wherein the variable frequency drive is mounted on the removable cover (‘327 Claim 1).
Claim 3: The linear actuator system of claim 1, wherein the removable cover facilitates heat transfer out of the actuator housing (‘327 Claim 2).
Claim 6: The linear actuator system of claim 1, further comprising one or more gears configured and arranged to reduce the speed of a shaft on the AC motor (‘327 Claim 2).
Claim 7: The linear actuator system of claim 6, wherein a gearbox encloses the one or more gears (‘327 Claim 2).
Claim 14: A linear actuator system comprising:
An AC motor having an input shaft (‘327 Claim 2).
One or more gears configured and arranged to reduce the speed of the input shaft (‘327 Claim 2).
A gearbox enclosing the one or more gears (‘327 Claim 2).
A screw assembly with an output shaft mechanically coupled to the one or more gears (‘327 Claim 2).
An extension tube with a front mount, the extension tube configured and arranged to be driven in translatory motion in either direction by the screw assembly (‘327 Claim 2).
A cover tube enclosing the extension tube and screw assembly (‘327 Claim 2).
An actuator housing operatively associated with the screw assembly and the AC motor, the actuator housing having a removable cover (‘327 Claim 2).
A variable frequency drive mounted on the removable cover to facilitate heat transfer out of the actuator housing through the removable cover (‘327 Claim 2).
Claim 18: The linear actuator system of claim 14, wherein the linear actuator is configured and arranged to be synchronized with multiple actuators (‘327 Claim 2).
Claims 4-5, 8-13, 15, -17 and 19 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1 and 2 of U.S. Patent No. 11,808,327 in view of Abraham (US 4,858,481):
Claim 4: ‘327 does not claim a bracket for the linear actuator system of claim 1.
However, Abraham teaches a bracket attached to the inside surface of the removable cover (20, 24) (see Fig. 1, showing the “L” shaped plate for attaching the four shown capacitors of a variable frequency drive 104, that is attached to the inside cover through housing 12 and bolts).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide the linear actuator system claimed in ‘327 with a bracket attached to the inside surface of the removable cover as taught in Abraham to provide a means for ensuring adequate spacing and holding of the capacitors in the linear actuator.
Claim 5: The Combination further suggests the linear actuator system of claim 4, wherein the variable frequency drive is mounted on the bracket (see Abraham Fig. 1).
Claim 8: ‘327 does not claim that the actuator hosing is mounted on the gearbox for the linear actuator system of claim 7.
However, Abraham teaches wherein the actuator housing (12, 14, 20, 24, 46) is mounted on the gearbox (see Abraham Fig. 1, showing the lower portion of housing 12).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide the linear actuator system claimed in ‘327 with the actuator housing being mounted on the gearbox as taught in Abraham to keep the motor housing and screw housing attached directly to the gearbox housing, since the gears are used to transfer rotational torque from the motor to the screw.
Claim 9: Abraham teaches the linear actuator system of claim 1, wherein the removable cover has a plurality of cooling fins disposed on an outer surface thereof (see Fig. 4, showing structural protrusions, such as element 28, 120, and 132, which would function as fins).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide the linear actuator system claimed in ‘327 with a plurality of fits disposed on the removable cover as taught in Abraham to increase the cooling ability of the linear actuator system, near components that generate a significant amount of heat.
Claim 10: ‘327 does not claim a position sensor for the linear actuator system of claim 1.
However, Abraham teaches a position sensor (210, 212) located inside the actuator housing and configured and arranged to detect the position of the output shaft (see Fig. 8).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide the linear actuator system claimed in ‘327 with a position sensors for determining a position of the output shaft as taught in Abraham to improve control and precision of the linear actuator system by providing data as to the position of the output shaft.
Claim 11: ‘327 does not claim a rear mount assembly for the linear actuator system of claim 1.
However, Abraham teaches a rear mount assembly (28) extending from the outside surface of the removable cover (see Fig. 1).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide the linear actuator system claimed in ‘327 with a rear mount extending from an outside surface of the removable cover as taught in Abraham to provide a means for reliably mounting the linear actuator system.
Claim 12: the Combination further suggests the linear actuator system of claim 4, wherein at least a portion of the bracket extends substantially perpendicular to the inside surface of the removable cover (see Abraham Fig. 1).
Claim 13: the Combination further suggests the linear actuator system of claim 11, wherein the rear mount assembly is removably attached to the removable cover (see Abraham Fig. 1, showing e.g. bolts 130, 132).
Claim 15: ‘327 does not claim limit switches for the linear actuator system of claim 14.
However, Abraham teaches limit switches (210, 212) operatively associated with the screw assembly (see Col. 7 Line 62 - Col. 8 Line 5).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide the linear actuator system claimed in ‘327 with limit switches as taught in Abraham to set a minimum and maximum travel position for the linear actuator system, to protect the system from extending or retracting too far.
Claim 16: ‘327 does not claim an encoder or potentiometer for the linear actuator system of claim 14.
However, Abraham teaches one of an encoder or potentiometer (190) for sensing the position of the output shaft (see Col. 7 Line 62 - Col. 8 Line 5).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide the linear actuator system claimed in ‘327 with a potentiometer as taught in Abraham to provide accurate control of the linear actuator system be providing data to the controller on the drive nut position, and accordingly the position of the output shaft.
Claim 17: ‘327 does not claim an analog and/or digital outputs configured for one of actuator control, position feedback, synchronization, condition monitoring and setting adjustments for the linear actuator system of claim 14.
However, Abraham teaches analog and/or digital outputs configured for one of actuator control, position feedback, synchronization, condition monitoring and setting adjustments (see Abraham Fig. 9).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide the linear actuator system claimed in ‘327 with the analog and/or digital outputs for actuator control as taught in Abraham to provide data to the controller to provide for accurate and automatic control of the linear actuator system.
Claim 19: A linear actuator system (‘327 Claim 2) comprising:
An AC motor having an input shaft (‘327 Claim 2)
One or more gears configured and arranged to reduce the speed of the input shaft (‘327 Claim 2).
A gearbox enclosing the one or more gears; a screw assembly with an output shaft mechanically coupled to the one or more gears (‘327 Claim 2).
An extension tube with a front mount, the extension tube configured and arranged to be driven in translatory motion in either direction by the screw assembly (‘327 Claim 2).
A cover tube enclosing the extension tube and screw assembly (‘327 Claim 2).
An actuator housing operatively associated with the screw assembly and the AC motor, the actuator housing having a removable cover with an inside surface (‘327 Claim 2).
A variable frequency drive mounted on the bracket adjacent to the inside surface of the removable cover to facilitate heat transfer out of the actuator housing through the removable cover (‘327 Claim 2).
‘327 does not claim a bracket attached to the inside surface of the removable cover and the variable frequency drive mounted on the bracket adjacent to the inside surface of the removable cover.
However, Abraham teaches a bracket (see Fig. 1, showing the “L” shaped plate of the variable frequency drive 104) attached to the inside surface of the removable cover (see Fig. 1, showing attachment through the upper housing portion 12, via bolts).
The variable frequency drive mounted on the bracket adjacent to the inside surface of the removable cover (see Fig. 1).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide the linear actuator system claimed in ‘327 with the bracket for mounting the variable frequency drive to the removable cover as taught in Abraham to provide a means for ensuring adequate spacing and holding of the capacitors in the linear actuator.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GREGORY WEBER whose telephone number is (571)272-3307. The examiner can normally be reached 9AM - 5PM M-F.
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/GREGORY ROBERT WEBER/Primary Examiner, Art Unit 3618