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 .
This communication is in response to RCE received on 12/15/2025.
Claims 3 – 7 are presented for examination.
Response to Arguments
Applicant's arguments filed 12/15/2025 have been fully considered but they are not persuasive. In response to applicants argument on page 5 that “even when the absolute encoder 2 is in the inverted state, the magnet holder 61 is held with the lower end surface 66b of the gear 63 in contact with the upper surface 104 of the base 3, maintaining the position of the magnet holder 61 in the central axis MC4 direction in the upright state and preventing the magnet Mr from moving to the angle sensor Sr side. Id. Therefore, even in the inverted state, the gap between the magnet Mr and the angle sensor Sr is maintained at the gap in the upright state. Based on these descriptions, the snap ring in Claim 3 restricts movement of the magnet holder to maintain the spacing between the magnet and the angle sensor.” These limitations are not recited in the claims. Applicant must recite the argued features in the claim if applicant wishes these features to be given patentable weight. Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir.1993).
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 4 and 5 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 claim 4, applicant is claiming a gear in independent claim 3 and also in dependent claim 4. It is unclear whether the applicant is referring to the same gear in both claims 3 and 4.
Claim 5 is rejected by virtue of its dependency on claim 4.
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.
Claim(s) 3 AND 6 - 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over JP2012-005260 (hereinafter ‘JP260) in view of Schrubbe et al. (2009/0072816), and further in view of YOSHINO et al. (JP2019180201).
As to claim 3, JP’260 discloses a motor comprising a magnet magnetized (60); a magnetic sensor (12) configured to detect a magnetic flux from the magnet (60); a magnet holder (50) holding the magnet (60); and a shaft (40), wherein the magnet holder (50) is rotatably supported on the shaft (40) (Fig. 2).
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JP’260 fails to explicitly disclose that the shaft is made of a magnetic material, and an attractive force due to a magnetic force is generated between the magnet and the shaft in a direction of a rotation axis of the magnet holder, a snap ring configured to restrict movement of the magnet holder in the axial direction of the shaft, the magnet holder, that rotates around the rotation axis, includes a gear and a magnet holder portion, wherein the magnet is clamped and fixed between the gear and the magnet holder portion, the shaft is inserted into the through hole of a main body portion of the gear, an annular groove is formed around the axial line of the shaft in a portion at the upper end side of the shaft, and the snap ring is formed to be engageable with the annular groove to restrict movement of the magnet holder.
Schrubbe et al. (hereinafter Schrubbe) discloses a rotary magnetic encoder assembly, chip and method wherein the shaft (82d) is made of a magnetic material, and an attractive force due to a magnetic force is generated between the magnet (38) and the shaft (82d) in a direction of a rotation axis of the magnet holder (Fig. 23), [0081, encoder shaft 82d is made of a ferromagnetic or paramagnetic material or ferromagnetic/paramagnetic material is disposed at the end of the shaft 82d with the end of the shaft 82d located in such close proximity to the exciter magnet 38 that the magnetic attraction of the ferromagnetic/paramagnetic material to the exciter magnet 38 effectively couples the magnet to the shaft causing the exciter magnet 38 to rotate in unison with the encoder shaft 82d when this occurs. If desired, the shaft 82d can be of permanent or electromagnet construction having just a single pole at its free end 89 that is disposed adjacent the exciter magnet 38 such that coupling of flux lines between the pole and the opposite pole of the exciter magnet 38 achieves sufficient magnet coupling for rotation of the exciter magnet 38 in unison with the shaft 82d. ]. FIG. 23.
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It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device taught by JP’260 that the shaft is made of a magnetic material as taught by Schrubbe to employ an attractive force due to a magnetic force is generated between the magnet and the shaft in a direction of a rotation axis of the magnet holder. One would be motivated to make such a modification in order effectively couple the magnet to the shaft as taught by Schrubbe. JP’260 and Schrubbe fails to disclose a snap ring configured to restrict movement of the magnet holder in the axial direction of the shaft, the magnet holder, that rotates around the rotation axis, includes a gear and a magnet holder portion, wherein the magnet is clamped and fixed between the gear and the magnet holder portion, the shaft is inserted into the through hole of a main body portion of the gear, an annular groove is formed around the axial line of the shaft in a portion at the upper end side of the shaft, and the snap ring is formed to be engageable with the annular groove to restrict movement of the magnet holder. YOSHINO et al. (hereinafter YOSHINO) discloses a motor including a snap ring (19) configured to restrict movement (19) of the magnet holder (152) in the axial direction the shaft (Fig. 3), [0022, The lower end portion of the bearing 13 and the bottom surface of the bearing holding portion 1151 hold a retaining ring 19 (described later) sandwiched in the axial direction.], [0023, A described later fits into the retaining groove 121. The retaining ring is fixed by being sandwiched between the lower surface of the bearing 13 and ring the bottom surface of the bearing holding portion 1151. ], [0027, when the shaft 12 moves upward, the side wall of the retaining groove 121 contacts the retaining ring in the axial direction. Thus, the shaft 12 is prevented from coming off in the axial direction.], the magnet holder (152), that rotates around the rotation axis, includes a gear (14) and a magnet holder portion (152), wherein the magnet (151) is clamped and fixed between the gear (14) and the magnet holder portion (152), the shaft (12) is inserted into the through hole of a main body portion of the gear (14), an annular groove is formed around the axial line of the shaft (12) in a portion at the upper end side of the shaft (12), and the snap ring (19) is formed to be engageable with the annular groove to restrict movement of the magnet holder (151) (Fig. 2 and 3).
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It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device taught by JP’260 in view of the teachings of Schrubbe to also include a snap ring as taught by YOSHINO to restrict movement of the magnet to a side opposite to a direction of the magnetic force from the shaft acting on the magnet. One would be motivated to make such a modification in order to improve the stability of the shaft and the magnet to improve the accuracy of the sensing device as taught by YOSHINO.
As to claim 6, JP’260 a case (70, (Fig. 1)) containing the magnetism detection device (40, 50, 60, 12, 80) according to claim 3.
As to claim 7, JP’260 discloses a base (51) wherein the magnetic shaft (40) is fixed to the base (51) (Fig. 2).
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.
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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