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 12/20/2025.
Claims 1 – 3, 6 – 8, 11 – 13 and 16 – 18 are presented for examination.
Claims 4 – 5, 9 – 10 and 14 – 15 have been canceled by the applicant.
Response to Arguments
Applicant's arguments filed 12/20/2025 have been fully considered but they are not persuasive. Applicant’s argument that “Applicant submits that Sugitani does not show, teach or suggest that a seal of a rolling bearing is a transmitter having the structure recited in respective independent claims 1 and 11.”. Examiner respectfully disagrees with applicant’s argument because there is no such limitation in the claim that transmitter is a seal of a rolling bearing. Applicant must recite the argued features in the claim if applicant wishes these features to be given patentable weight.
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 (i.e., changing from AIA to pre-AIA ) 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.
Claim(s) 1 – 3, 6 – 8, 11 - 13 and 16 - 18 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Sugitani (6,147,487).
As to claim 1, Sugitani discloses a magnetic rotation detector for detecting characteristic of a rotary member comprising a device for contactlessly detecting rotational (Col. 1, lines 8 - 11) or linear movements, the device comprising a stationary magnetoresistive sensor (30), (Col. 1, lines 43 - 44) and a transmitter (10), wherein the transmitter has sections which are alternatingly inversely magnetized along a trajectory (in the circumferential direction) extending in a first spatial direction, and magnetic poles of said sections opposing each other in a second spatial direction (the axial spatial direction) orthogonal to the first spatial direction (Fig. 22B), wherein the sensor is spaced from the transmitter by a gap in the second spatial direction (Fig. 21B), and the sections of the transmitter have an extent in a third spatial direction (the radial spatial direction) orthogonal to the first and second spatial directions, wherein the sections of the transmitter are magnetized over a length in the third spatial direction that is shorter than their extent in the third spatial direction, and transmitter is a seal (magnetic rotary element 10 is mounted on to a cylindrical rotor 53) (Fig. 30[A]-[C] show magnetized elements 10 which are shorter in the radial direction than the cast element 11 in which they are embedded; Col. 15, lines 46 - 55).
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As to claim 11, Sugitani discloses a magnetic rotation detector for detecting characteristic of a rotary member comprising a transmitter (10) configured as a seal on a component (53) of the rolling bearing the transmitter having sections, the sections: being alternatingly inversely magnetized along a trajectory extending in a first spatial direction (in the circumferential direction); comprising respective magnetic poles that oppose each other in a second spatial direction (the axial spatial direction), orthogonal to the first spatial direction (Fig. 21B); and comprising an extent in a third spatial direction (the radial spatial direction) orthogonal to the first spatial direction and to the second spatial direction, the sections being magnetized over a length in the third spatial direction that is less than the extent; and a magnetoresistive sensor (30) spaced from the transmitter (10) by a gap in the second spatial direction, the magnetoresistive sensor being stationary (Fig. 30[A]-[C] show magnetized elements 10 which are shorter in the radial direction than the cast element 11 in which they are embedded; Col. 15, lines 46 - 55).
As to claims 2 and 12, Sugitani discloses that the first spatial direction is a circumferential direction (in the circumferential direction), the second spatial direction (the axial spatial direction) is an axial direction and the third spatial direction is a radial direction (the radial spatial direction) of a cylindrical coordinate system (Fig. 30(A)-(C)).
As to claims 3 and 13, Sugitani discloses that the first spatial direction is an X- direction (in the circumferential direction), the second spatial direction is a Z- direction (the axial spatial direction) and the third spatial direction is a Y- direction (the radial spatial direction) of a Cartesian coordinate system (Fig. 30(A)-(C)).
As to claims 6 and 16, Sugitani discloses the transmitter (10) is arranged on a surface of the rolling bearing, the surface normal of which points in an axial direction [Col. 10, lines 7 - 16].
As to claims 7 and 17, Sugitani discloses that the transmitter (10) is made from an elastomer (Col. 22, lines 31 - 33).
As to claims 8 and 18, Sugitani discloses that the magnetoresistive region (10, 30) of the sensor (Col. 1, lines 43 - 44) is arranged in the third spatial direction (the radial spatial direction) centrally or immediately adjacent to the center (L1) of the magnetized length of the sections of the transmitter (Fig. 21(A), 21(B)).
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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
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