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 with traverse of Group II with claim 15- 17 and in the reply filed on 02/03/2026 is acknowledged. The traversal is on the ground(s) that it has not been established that the subcombinations are separately usable. This is found persuasive, therefore, the requirement for restriction in the last office action on 12/03/2025 is hereby withdrawn. All of claims 1- 22 would be fully examined on merits in the present application.
In view of the above noted withdrawal of the restriction requirement, applicant is advised that if any claim presented in a continuation or divisional application is anticipated by, or includes all the limitations of, a claim that is allowable in the present application, such claim may be subject to provisional statutory and/or nonstatutory double patenting rejections over the claims of the instant application.
Once a restriction requirement is withdrawn, the provisions of 35 U.S.C. 121 are no longer applicable. See In re Ziegler, 443 F.2d 1211, 1215, 170 USPQ 129, 131 -32 (CCPA 1971). See also MPEP 804.01.
Drawings
Figures 16 and 17 should be designated by a legend such as --Prior Art-- because only that which is old is illustrated. See MPEP § 608.02(g). Corrected drawings in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. The replacement sheet(s) should be labeled “Replacement Sheet” in the page header (as per 37 CFR 1.84(c)) so as not to obstruct any portion of the drawing figures. If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they do not include the following reference sign(s) mentioned in the description: 102 in Abstract, [0128], [0130] and [0133] – [0135]. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claim 22 is rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter. Currently, the claim recites a data carrier with one or more executable programs stored thereon, which executable program or programs, when executed, implement a setting device of a position encoder transmitter. However, the data carrier with one or more executable programs has not been claimed to be a non-transitory computer readable medium and as such does not satisfy the requirements under 35 U.S.C. 101. claim(s) does/do not fall within at least one of the four categories of patent eligible subject matter because the data carrier with one or more executable programs is not directed toward one of the statutory categories and is therefore ineligible.
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 – 22 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.
As to claims 1, 20 and 22, it is unclear from the phrase "information to be transmitted". It is unclear what information is being transmitted? It is unclear how and where the information is being transmitted? Applicant claims to have current control for the electromagnet. It appears that applicant attempts to claim the subject matter in terms of the result to be achieved, without providing the technical features necessary for achieving this result. It is unclear how the structural parts cooperate to achieve the recited result.
As to claim 4, it is unclear what is an inductively energy-absorbing energy supply.
As to claim 5, it is unclear what information is being transmitted?
As to claims 15, 20 and 22, it is unclear how a first piece of position information and a second piece of information are being extracted from the evaluation device. It appears that applicant attempts to claim the subject matter in terms of the result to be achieved, without providing the technical features or steps necessary for achieving this result.
As to claim 16, it is unclear from the phrase "information to be transmitted". It is unclear what information is being transmitted? It is unclear how and where the information is being transmitted? Applicant claims to have current control for the electromagnet. It appears that applicant attempts to claim the subject matter in terms of the result to be achieved, without providing the technical features necessary for achieving this result. It is unclear how the structural parts cooperate to achieve the recited result.
Claims 18 and 19 recites the limitation "the position" in line 2. There is insufficient antecedent basis for this limitation in the claim.
Claims 18 and 19 recites the limitation "the interface" in line 5. There is insufficient antecedent basis for this limitation in the claim.
As to claims 18 and 19, it is unclear what is meant by the phrase “general functions”.
As to claim 21, applicant is claiming method for transmitting information from a stator or a rail to a carrier or a carriage. However, applicant has not defined any steps for transmitting information from a stator or a rail to a carrier or a carriage.
Claims 2 – 14 and 18 are rejected by virtue of their dependency on claim 1.
Claims 16 – 17 and 19 are rejected by virtue of their dependency on claim 15.
Claims 1 - 22 have not been rejected over the prior art because, in light of the 35 U.S.C. 112 rejections supra, the claims are vague and uncertain as to the proper interpretation of the limitations of the claims. However, any subsequently presented claims, in definite form will be subject to prior art rejection.
Prior Art of Record
The prior art made of record and not relied upon is considered pertinent to applicant s disclosure.
WURTH et al. (11,155,170) is cited for its disclosure of a transport system.
Hosek et al. (11,002,566) is cited for its disclosure of position feedback for self-bearing motor.
Sato (10,456,923) is cited for its disclosure of a sensor and robot.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to REENA AURORA whose telephone number is (571)272-2263. The examiner can normally be reached M-F: 8:00AM-5:00PM.
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, Lee Rodak can be reached at 5712705628. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/REENA AURORA/Primary Examiner, Art Unit 2858
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