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 .
Claim Objections
Claim 12 is objected to because of the following informalities, and should be:
“…an opening for receiving the sensor
(since the element numbers have been removed from the rest of the claims)
Appropriate correction is required.
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.
Claim 8 is 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.
Regarding claim 8, the limitation “the annular fastening region” lacks antecedent basis (this limitation should be simply “the
Additionally, the term “as small as possible” in claim 8 is a relative term which renders the claim indefinite. The term “as small as possible” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention.
(for the purpose of examination, the examiner will not give the limitation “the width of the annular fastening region is chosen to be as small as possible” any patentable weight since the metes and bounds of this limitation are unclear)
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.
Claims 1, 3-9, and 11-14 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Choi (KR 20090022505 – listed on Applicant’s IDS, full translation attached).
Regarding claim 1, Choi discloses (Figs. 1-6) a sensor 10 for distance and/or position measurement (proximity sensor: middle p. 2) having an essentially cylindrical housing (i.e. the outer body/housing of sensor 10, as shown in Figs. 1-6) and a sensor element operating according to inductive, capacitive, or eddy current principles (top-middle p. 2), which is at least partially arranged in the housing (as shown in Figs. 1-6), comprising:
at least one fastening region “N” (threaded region: top p. 4) is formed on the surface of the housing (as shown in Fig. 4-6), which fastening region “N” extends around the housing in the circumferential direction (as shown in Figs. 4 and 6) and is formed as a raised portion or as a recess (both: see Fig. 4 and 6), wherein the housing is connectable in a force-fitting manner (via the projections 19 and the clamping screws: middle p. 4) exclusively with the fastening region “N” to a fastening device 11 (cover housing: bottom p. 3).
Regarding claim 3, Choi discloses (Figs. 1-6) the fastening region “N” is delimited by material recesses from the surface of the housing outside the fastening region (if the fastening region is taken to be the portion of the thread N at the protrusions 19, then threads outside such a region will define the claimed material recesses: see Figs. 4 and 6).
Regarding claim 4, Choi discloses (Figs. 1-6) the material recesses are V-shaped (i.e. the recesses in adjacent screw threads: see Figs. 4 and 6).
Regarding claim 5, Choi discloses (Figs. 1-6) the fastening region “N” is formed by a plurality of point-shaped raised portions (i.e. when viewed from the side, the tips of the screw threads come to a point: see Fig. 6).
Regarding claim 6, Choi discloses (Figs. 1-6) the point-shaped raised portions (i.e. when viewed from the side, the tips of the screw threads come to a point: see Fig. 6) are integrally formed with the housing or are applied to the housing (as shown in Figs. 4 and 6).
Regarding claim 7, Choi discloses (Figs. 1-6) the fastening region “N” extends in a ring shape around the housing (as shown in Figs. 4 and 6).
Regarding claim 8, Choi discloses (Figs. 1-6) the width of the annular fastening region is chosen to be as small as possible (this limitation is not given any patentable weight since the metes and bounds of this limitation are unclear) and at the same time matched to the size of the housing in such a way that the fastening region “N” is sufficiently wide to prevent the housing from tilting when connected to the fastening device 11 (i.e. the threads will prevent tilting when connected to the outer casing 11: see Fig. 6).
Regarding claim 9, Choi discloses (Figs. 1-6) the fastening region “N” runs in a ring around the housing (as shown in Figs. 4 and 6) and wherein an outer diameter of the housing in the fastening region is larger than a outer diameter of the housing outside the fastening region (i.e. the housing at the right end of the sensor 10 in Figs. 4 and 6 is smaller in diameter than the threaded portion: see Figs. 4 and 6).
Regarding claim 11, Choi discloses (Figs. 1-6) in an axial direction of the sensor 10, a distance between a measuring surface of the sensor 23 (middle-bottom p. 4) and the fastening region “N” is formed in such a way that compensation of the different temperature expansion of the housing and the fastening device is achieved (i.e. there is some gap or “play” between the threads and the casing 11 so that a difference in thermal expansion between the two will be compensated for).
Regarding claim 12, Choi discloses (Figs. 1-6) the fastening device 11 has an opening for receiving the sensor 10 (as shown in Figs. 4 and 6) and wherein the housing is connectable in a force-fitting manner (via the projections 19 and the clamping screws: middle p. 4) exclusively with its fastening region “N” to the fastening device 10.
Regarding claim 13, Choi discloses (Figs. 1-6) the fastening device 11 is configured so that the sensor 10 may be connected to the fastening device with a circumferential clamp (middle p. 4).
Regarding claim 14, Choi discloses (Figs. 1-6) the sensor 10 may be arranged in the opening in such a way that a fastening means 19 (top p. 4) engages the fastening region “N” of the housing (as shown in Fig. 6).
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 2 and 10 are rejected under 35 U.S.C. 103 as being unpatentable over Choi (KR 20090022505).
Regarding claims 2 and 10, Choi is applied as above, but does not disclose the raised portion has a height of a maximum of 0.05 mm and/or wherein the at least one recess has a depth of a maximum of 0.05 mm; and the outer diameter of the housing in the fastening region is at most one of: 0.05 mm larger than that diameter of the housing outside the fastening region; at most 0.02 mm larger than that diameter of the housing outside the fastening region and: 0.01 mm, larger than that diameter of the housing outside the fastening region.
However, such a modification would be merely a change in size/proportion of the threads, which is obvious – see MPEP 2144.04(IV)(A).
Thus, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify Choi so that the raised portion has a height of a maximum of 0.05 mm and/or wherein the at least one recess has a depth of a maximum of 0.05 mm; and the outer diameter of the housing in the fastening region is at most one of: 0.05 mm larger than that diameter of the housing outside the fastening region; at most 0.02 mm larger than that diameter of the housing outside the fastening region and: 0.01 mm, larger than that diameter of the housing outside the fastening region.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Stoll (U.S. Patent 4,632,352) and Sargent (U.S. Patent 6,490,939) discloses sensor holders with fastening regions extending around the housing in the circumferential direction and formed as a raised portion or as a recess, wherein the housing is connectable in a force-fitting manner exclusively with the fastening region to a fastening device.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Benjamin Schmitt, whose telephone number is (571) 270-7930. The examiner can normally be reached M-F | 8:30-5:00.
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/BENJAMIN R SCHMITT/Primary Examiner, Art Unit 2852