DETAILED CORRESPONDENCE
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 .
Status of Claims
This is the first Office Action on the merits for application no. 18/532,368 filed on December 7th, 2023. Claims 1-20 are pending.
Claim Objections
Regarding Claim 3 (line 2), please change the recitation of “provided with at first enlarged rectangular recessed portion” to - - provided with [[at]] a first enlarged rectangular recessed portion - - to establish antecedent basis.
Regarding Claim 8 (line 4), please change the recitation of “mounted within the first slidable block member” to - - mounted within [[the]] a first slidable block member - - to establish antecedent basis.
Regarding Claim 9 (line 6), please change the recitation of “a bearing housing position sensor provided within the bearing housing assembly” to - - [[a]] the bearing housing position sensor provided within the bearing housing assembly - - as antecedent basis has already been established in claim 9 (line 1).
Regarding Claim 10 (line 1), please change the recitation of “The bearing housing position sensor assembly of claim 9” to - - The shock assembly of claim 9 - - as this feature is previously referred to in claim 9 (line 1).
Regarding Claim 16 (lines 3-4), please change the recitation of “within the first slidable block member” to - - within [[the]] a first slidable block member - - to establish antecedent basis.
Regarding Claim 17 (line 5), please change the recitation of “locating a bearing housing position sensor” to - - locating [[a]] the bearing housing position sensor - - as antecedent basis has already been established in claim 17 (line 1).
Claim Rejections - 35 USC § 102
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 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 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.
Claims 1-5 and 8 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Zeidler (US 3,688,410).
Regarding Claim 1, Zeidler teaches a bearing housing position sensor assembly (see Figs. 2-4 and 7-9), wherein the bearing housing position sensor assembly comprises:
a bearing housing assembly (“housing” 32);
a bearing housing position sensor (“pick-up portion” 24 and “coding disc” 16) provided within the bearing housing assembly (32);
a shaft member (“measuring rod” 12) mounted for movement within the bearing housing assembly (32); and
at least one rotary member (“metering roller” 14),
wherein the at least one rotary member (14) is engaged with the shaft member (12) and operatively coupled with the bearing housing position sensor (24, 16).
Regarding Claim 2, Zeidler teaches the bearing housing position sensor assembly of claim 1,
wherein the at least one rotary member (Figs. 2-4 and 7-9; 14) is biased (via “spring” 60) toward the shaft member (12) to maintain contact between the at least one rotary member (14) and the shaft member (12; see at least Fig. 2).
Regarding Claim 3, Zeidler teaches the bearing housing position sensor assembly of claim 2,
wherein the bearing housing assembly (Fig. 4, 32) is provided with at first enlarged rectangular recessed portion (for receiving “yoke” 46) which receives a first slidable block member (46) therein (see at least Fig. 4).
Regarding Claim 4, Zeidler teaches the bearing housing position sensor assembly of claim 3,
wherein the bearing housing position sensor (Figs. 2-4 and 7-9; 24, 16) is mounted within the first slidable block member (46), and
wherein the bearing housing position sensor (24, 16) is positioned to operatively couple to the at least one rotary member (14; see at least Fig. 3).
Regarding Claim 5, Zeidler teaches the bearing housing position sensor assembly of claim 4,
wherein a first extendable coil spring member (Figs. 2-4 and 7-9; 60) is positioned within the first enlarged rectangular recessed portion (portion of 32 for receiving 46) of the bearing housing assembly (32), and
wherein the first extendable coil spring member (60) is connected between the bearing housing assembly (32) and the first slidable block member (46; see at least Fig. 2).
Regarding Claim 8, Zeidler teaches the bearing housing position sensor assembly of claim 2,
wherein the bearing housing position sensor (Figs. 2-4 and 7-9; 24, 16) is provided with a rotary encoder disc member (16) secured to a position sensor housing (“sub-housing” 74),
wherein the position sensor housing (74) having the rotary encoder disc member (16) is mounted within the first slidable block member (“yoke” 46), and
wherein the rotary encoder disc member (16) is operatively coupled to the at least one rotary member (14).
Claim Rejections - 35 USC § 103
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.
Claims 9-13 and 16-20 are rejected under 35 U.S.C. 103 as being unpatentable over Strickland (US 2020/0340545), in view of Zeidler (US 3,688,410).
Regarding Claim 9, Strickland teaches a shock assembly (Fig. 1A, “vehicle suspension damper” 100), the shock assembly (100) comprising:
a cylinder housing (“cylinder” 120),
a shaft member (“piston rod” 142) mounted for movement within the cylinder housing (120).
Strickland does not teach “a bearing housing position sensor…a bearing housing assembly, wherein the bearing housing assembly is secured to the cylinder housing; a bearing housing position sensor provided within the bearing housing assembly; a shaft member mounted for movement within the cylinder housing and the bearing housing assembly; and at least one rotary member, wherein the at least one rotary member is biased toward and engaged with the shaft member and operatively coupled with the bearing housing position sensor”. In other words, Strickland does not teach a bearing housing position sensor.
Zeidler teaches a bearing housing position sensor (Figs. 2-4 and 7-9; 24, 16);
a bearing housing assembly (32),
wherein the bearing housing assembly (32) is secured to an external component (col. 3, line 53 – “With the rod 12 fixed to a moving part of the machine, the roller 14 is adapted to be mounted to another part of the machine by containing it within a housing generally identified by numeral 32”);
the bearing housing position sensor (24, 16) provided within the bearing housing assembly (32);
a shaft member (12) mounted for movement within the bearing housing assembly (32); and
at least one rotary member (14),
wherein the at least one rotary member (14) is biased (via 60) toward and engaged with the shaft member (12) and operatively coupled with the bearing housing position sensor (24, 16).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the shock assembly taught by Strickland with the bearing housing position sensor taught by Zeidler, such that “a bearing housing position sensor…a bearing housing assembly, wherein the bearing housing assembly is secured to the cylinder housing; a bearing housing position sensor provided within the bearing housing assembly; a shaft member mounted for movement within the cylinder housing and the bearing housing assembly; and at least one rotary member, wherein the at least one rotary member is biased toward and engaged with the shaft member and operatively coupled with the bearing housing position sensor”, as one of ordinary skill in the art would have recognized there was a reasonable expectation of success in combining known elements, and have the obvious advantage of reliably sensing displacement of the shock assembly taught by Strickland.
Regarding Claim 10, Strickland and Zeidler teach the bearing housing position sensor assembly of claim 9,
Zeidler teaches wherein the at least one rotary member (Figs. 2-4 and 7-9; 14) is biased (via 60) toward the shaft member (12) to maintain contact between the at least one rotary member (14) and the shaft member (12; see Fig. 1A of Strickland and at least Fig. 2 of Zeidler).
Regarding Claim 11, Strickland and Zeidler teach the shock assembly of claim 10,
Zeidler teaches wherein the bearing housing assembly (Figs. 2-4 and 7-9; 32) is provided with a first enlarged rectangular recessed portion (for receiving 46) which receives a first slidable block member (46) therein (see Fig. 1A of Strickland and at least Fig. 4 of Zeidler).
Regarding Claim 12, Strickland and Zeidler teach the shock assembly of claim 11,
Zeidler teaches wherein the bearing housing position sensor (Figs. 2-4 and 7-9; 24, 16) is mounted within the first slidable block member (46) and positioned to operatively coupled to the at least one rotary member (14; see Fig. 1A of Strickland and at least Fig. 3 of Zeidler).
Regarding Claim 13, Strickland and Zeidler teach the shock assembly of claim 12,
Zeidler teaches wherein a first extendable coil spring member (Figs. 2-4 and 7-9; 60) is positioned within the first enlarged rectangular recessed portion (portion of 32 for receiving 46) of the bearing housing assembly (32), and
wherein the first extendable coil spring member (60) is connected between the bearing housing assembly (32) and the first slidable block member (46; see Fig. 1A of Strickland and at least Fig. 2 of Zeidler).
Regarding Claim 16, Strickland and Zeidler teach the shock assembly of claim 10,
Zeidler teaches wherein the bearing housing position sensor (Figs. 2-4 and 7-9; 24, 16) is provided with a rotary encoder disc member (16) secured to a position sensor housing (74),
wherein the position sensor housing (74) having the rotary encoder disc member (16) is mounted within the first slidable block member (46), and
wherein the rotary encoder disc member (16) is operatively coupled to the at least one rotary member (14; see Fig. 1A of Strickland and at least Fig. 2 of Zeidler).
Regarding Claim 17, Strickland teaches a method of using a shock assembly (Fig. 1A, 100), the method comprising:
providing a cylinder housing (120);
mounting a shaft member (142) for movement within the cylinder housing (120).
Strickland teaches “a bearing housing position sensor…securing a bearing housing assembly to the cylinder housing; locating a bearing housing position sensor within the bearing housing assembly; mounting a shaft member for movement within the cylinder housing and the bearing housing assembly; engaging at least one rotary member with the shaft member and operatively coupling the at least one rotary member to the bearing housing position sensor; and measuring the movement of the shaft member with the bearing housing position sensor”. In other words, Strickland does not teach a bearing housing position sensor.
Zeidler teaches a bearing housing position sensor (Figs. 2-4 and 7-9; 24, 16);
securing a bearing housing assembly (32) to an external component (col. 3, line 53 – “With the rod 12 fixed to a moving part of the machine, the roller 14 is adapted to be mounted to another part of the machine by containing it within a housing generally identified by numeral 32”);
locating the bearing housing position sensor (24, 16) within the bearing housing assembly (32);
mounting a shaft member (12) for movement within the bearing housing assembly (32);
engaging at least one rotary member (14) with the shaft member (12) and operatively coupling the at least one rotary member (14) to the bearing housing position sensor (24, 16); and
measuring the movement of the shaft member (12) with the bearing housing position sensor (24; Abstract – “Apparatus for measuring and displaying the amount and degree of movement of a movable element of a machine tool comprising a linear member and a rotatable member angularly disposed thereto and in surface engagement therewith. Either or both of the members is displaceable in correspondence with the movable machine element so as to cause rotation of the rotatable member by interaction of the surface engagement. The rotatable member is provided with means for producing a signal indicative of the incremental rotation thereof. The signal is fed to a display device whereon the degree of displacement from an initial position can be seen”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the shock assembly taught by Strickland with the bearing housing position sensor taught by Zeidler, such that “a bearing housing position sensor…securing a bearing housing assembly to the cylinder housing; locating a bearing housing position sensor within the bearing housing assembly; mounting a shaft member for movement within the cylinder housing and the bearing housing assembly; engaging at least one rotary member with the shaft member and operatively coupling the at least one rotary member to the bearing housing position sensor; and measuring the movement of the shaft member with the bearing housing position sensor”, as one of ordinary skill in the art would have recognized there was a reasonable expectation of success in combining known elements, and have the obvious advantage of reliably sensing displacement of the shock assembly taught by Strickland.
Regarding Claim 18, Strickland and Zeidler teach the method of claim 17,
Zeidler teaches further comprising providing the bearing housing assembly (Figs. 2-4 and 7-9; 32) with at least one enlarged rectangular recessed portion (for receiving 46) and positioning a slidable block member (46) therein (see Fig. 1A of Strickland and at least Fig. 4 of Zeidler).
Regarding Claim 19, Strickland and Zeidler teach the method of claim 18,
Zeidler further comprising mounting the bearing housing position sensor (Figs. 2-4 and 7-9; 24, 16) within the slidable block member (46) and positioning the bearing housing position sensor (24, 16) to operatively couple to the at least one rotary member (14; see Fig. 1A of Strickland and at least Fig. 2 of Zeidler).
Regarding Claim 20, Strickland and Zeidler teach the method of claim 19,
Zeidler teaches further comprising biasing (via 60) the at least one rotary member (Figs. 2-4 and 7-9; 14) toward the shaft member (12; see Fig. 1A of Strickland and at least Fig. 2 of Zeidler).
Allowable Subject Matter
Claims 6-7 and 14-15 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Reasons for allowance, if applicable, will be the subject of a separate communication to the Applicant or patent owner, pursuant to 37 CFR § 1.104 and MPEP § 1302.14.
As allowable subject matter has been indicated, Applicant's reply must either comply with all formal requirements or specifically traverse each requirement not complied with. See 37 CFR 1.111(b) and MPEP § 707.07(a).
Conclusion
The prior art made of record and not relied upon is considered pertinent to Applicant's disclosure. The prior art of Isobe (US 2015/0247514), Klocke (DE 31 19 829), Shi (CN 102 705 301), Lee (KR 2017-0139712), Matsui (FR 2 506 404) and Iwai (DE 199 14 459) listed in the attached "Notice of References Cited" disclose similar bearing housing assemblies comprising position sensors related to various aspects of the claimed invention.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to James J. Taylor II whose telephone number is (571)272-4074. The examiner can normally be reached M-F, 9:00 am - 5:00 pm EST.
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JAMES J. TAYLOR II
Primary Examiner
Art Unit 3655
/JAMES J TAYLOR II/Primary Examiner, Art Unit 3655