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 amendment received on 06/18/2025.
Claims 1 – 24 are presented for examination.
Upon further consideration, the previous indication of allowability of claims 1 - 24 / Ex Parte Quayle is withdrawn in view of the rejection found below.
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 – 24 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 and 13, it is unclear how the biasing element is continually maintaining frictional engagement of the tapered portion of the shaft with the cylindrical rod. It appears that applicant attempts to define the subject matter in terms of the result to be achieved (continually maintaining frictional engagement), but in so doing merely states the problem to be solved, without indicating the technical features or steps necessary for achieving this result. Due to lack of essential features or steps it is unclear how applicant is continually maintaining frictional engagement of the tapered portion of the shaft with the cylindrical rod.
As to claim 2, it is unclear what is meant by the phrase “a tapered rotatable shaft is insertable into a lateral bore in a head of the cylinder” and “the sensor is insertable into the lateral bore”.
As to claim 24, it is unclear where in the head of the cylinder a rod seal and a rod wiper are located.
Claims 2 - 12 are rejected by virtue of the dependency on claim 1.
Claims 14 - 24 are rejected by virtue of the dependency on claim 1.
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.
Claim(s) 1, 3 – 11 and 13 - 23 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by DAISUKE et al. (DE19914459).
As to claim 1, DAISUKE et al. (hereinafter DAISUKE) discloses a lift sensor for hydraulic pressure cylinder comprising a tapered rotatable shaft (53) having a rotation axis, the shaft positionable so that the rotation axis is perpendicular to a translation axis of the cylindrical rod (52), the shaft having a tapered portion (53) that is frictionally engageable with the cylindrical rod (52) to be rotatable by the cylindrical rod (52) when the cylindrical rod (52) moves axially; a biasing element (55) that biases the shaft (53) in a direction parallel to the rotation axis of the shaft (53) to continually maintain frictional engagement of the tapered portion of the shaft (53) with the cylindrical rod (52) when the shaft (53) is engaged with the cylindrical rod (52); and, a sensor (56) for detecting rotation of the shaft (53) when the shaft (53) is rotated by the cylindrical rod (52), the rotation of the shaft (53) being correlated to the axial position of the cylindrical rod (52), (Fig. 6), [0003].
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As to claim 13, DAISUKE discloses a lift sensor for hydraulic pressure cylinder comprising a head (Fig. 1); a barrel (5); a gland (Fig. 1); a cylinder rod (4) moveable through a cylinder stroke (Hub); and, a sensing system (14) for determining axial position of the cylinder rod (4) during the stroke, the sensing system (14) comprising: a tapered rotatable shaft (6) inserted into a lateral bore (6a) in the head, wherein a rotation axis of the shaft (6) is parallel to a tangent to a circumference of the cylinder rod (4), wherein a tapered portion of the shaft (6) frictionally engages the cylinder rod (4) and wherein axial movement of the cylinder rod (4) during the stroke causes the shaft to rotate about the rotation axis due to frictional engagement of the tapered portion of the shaft (6) with the cylinder rod (4); a biasing element (10) that biases the shaft in a direction parallel to the rotation axis of the shaft (6) to continually maintain the frictional engagement of the tapered portion of the shaft (6) with the cylinder rod (4); and, a sensor (14) that detects rotation of the shaft (6), the rotation of the shaft being correlated to the axial position of the cylinder rod (4) (Fig. 1 - 6).
As to claims 3 and 14, DAISUKE discloses that the sensor detects rotational position of the shaft (53) and counts (56) a number of rotations of the shaft (53), the rotational position and the number of rotations of the shaft correlated to the axial position of the cylindrical rod (52) (Fig. 6), [0003].
As to claims 4 – 9 and 15 - 20, DAISUKE discloses that a magnet (5) mounted to the shaft (6), the magnet (5) rotating with rotation of the shaft (6); and, a linear encoder (14) in proximity to the magnet so that rotation of the magnet (5) induces a changing electrical signal in the linear encoder (14), (Fig. 2 and 4).
As to claims 10 – 11 and 21 - 22, DAISUKE discloses that the biasing element comprises a spring and the spring is a coiled extension spring (10, Fig. 2, [0031]).
Allowable Subject Matter
The following is a statement of reasons for the indication of allowable subject matter:
Claims 12 and 23 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
As to claims 12 and 23, the prior art fails to show that the tapered portion of the shaft tapers between a thicker end and a thinner end, and the spring engages the shaft to continually bias the shaft in a direction of the thinner end so that as the shaft and/or cylindrical rod wears due to frictional engagement of the shaft with the cylindrical rod, the spring continues to maintain the frictional engagement of the tapered portion of the shaft with the cylindrical rod when the shaft is inserted into the lateral bore. These features taken together with the other limitations of the claim renders the claims allowable over prior art.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1 - 24 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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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/REENA AURORA/Primary Examiner, Art Unit 2858