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 .
Information Disclosure Statement
The information disclosure statement filed 5/10/2024 fails to comply with the provisions of 37 CFR 1.97, 1.98 and MPEP § 609 because:
The information disclosure statement filed 5/10/2024 fails to comply with 37 CFR 1.98(a)(3)(i) because it does not include a concise explanation of the relevance, as it is presently understood by the individual designated in 37 CFR 1.56(c) most knowledgeable about the content of the information, of each reference listed that is not in the English language. No statement of relevance in English was provided for EP 1681261 (Foreign Patent Document Cite 4) or for DE 102018006259 (A1) (Foreign Patent Document Cite 3). These documents have not been considered.
The information disclosure statement filed 5/10/2024 fails to comply with 37 CFR 1.98(a)(2), which requires a legible copy of each cited foreign patent document; each non-patent literature publication or that portion which caused it to be listed; and all other information or that portion which caused it to be listed. Applicant has not provided EP 4222779 A1 (Foreign Patent Document Cite 5). Only the front page referencing a WO document has been provided, but neither the EP nor related WO document have been provided. This document has not been considered.
NPL Cites 1 and 5 are listed as U.S. applications, but the relevant portions of these documents have not been provided. Note that the requirement to provide the relevant portions of this document are only sua sponte waived for “pending” U.S. applications, but these applications are not pending (see MPEP 609.04(a)(II)(C)).
NPL Cites 12 and 13 are listed without any date. 37 C.F.R. 1.98(b)(5) requires that “Each publication listed in an information disclosure statement must be identified by publisher, author (if any), title, relevant pages of the publication, date, and place of publication” (emphasis added).
NPL Cites 18 and 20 are listed as U.S. patent applications that do not match the filing dates listed on the IDS. These same documents were previously listed on the IDS with the correct dates and treated accordingly. As such, NPL Cites 18 and 20 have not been considered, as they do not match the filing date listed and have been addressed earlier in the IDS.
It has been placed in the application file, but the information referred to therein has not been considered as to the merits. Applicant is advised that the date of any re-submission of any item of information contained in this information disclosure statement or the submission of any missing element(s) will be the date of submission for purposes of determining compliance with the requirements based on the time of filing the statement, including all certification requirements for statements under 37 CFR 1.97(e). See MPEP § 609.05(a).
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 2, 13, and 18 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 2, 13, and 18,
The phrases “the first and second sensor elements are at least one of a Hall Effect element, Giant magnetoresistance (GMR) element, a Tunnel magnetoresistance (TMR) element, or an anisotropic magnetoresistance (AMR) element” on lines 1-3 of Claims 2 and 13 and “the first and second sensor elements are at least one of a Hall Effect element, Giant magnetoresistance (GMR) element, or a Tunnel magnetoresistance (TMR) element,” on lines 1-3 of Claim 18 is indefinite.
Applicant claims that the above first and second elements include at least one of the above three or four options. This phrase is indefinite because, in light of the disclosure, each sensor element is intended to represent one element. Claiming that the above elements include three or four distinct sensor types thereby renders the claim unclear because the full claim scope is that the above two elements include three or four elements. Such claim scope is unclear, because in light of the disclosure, it is unclear how many elements are and are not included in the above phrase. In short, two elements collectively can include two of the above options, but in light of the disclosure, it cannot reasonably include three or four options, rendering the claim scope unclear. For the purpose of compact prosecution, the Examiner is interpreting the above phrase to mean that at least one of the first and second elements are one of the above three or four sensor element options.
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.
Claims 1-3, 5, 7, 9-13, and 16 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Liddell et al. (Liddell) (US 5,488,294).
Note: The prior art reference below is being interpreted in a similar manner as applicant interprets the instant application, as various aspects of the prior art are interpreted to include portions of features in a similar manner as applicant.
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As to Claim 1,
Liddell discloses A magnetic sensor, comprising: a sensor housing (see above figures) including a pocket and a magnet opening (104) (see above figures) (Column 9, Lines 18-21), (Figures 12,20 / note the pocket is created by the space occupied by the sensor (10) and PCB (140) inside the overmold material seen in Figure 20) ; a magnet (24) disposed in the magnet opening (see above figures), (Column 9, Lines 18-21); a printed circuit board assembly (140) disposed in the pocket (see above figures) (Column 12, Lines 46-49), the printed circuit board assembly including a first portion and a second portion (see above figures); and a first sensor element (14,18 or just 14) and a second sensor element (16,20 or just 16) disposed on the second portion (Figures 2,12 / note the sensor (10) includes the above elements), (Column 6, Lines 12-15), wherein the first sensor element and second sensor element are configured to measure magnetic flux density (Column 6, Lines 12-15 / note this is a property of the system as magnetoresistive elements measure the density/strength of magnetic fields), and the magnetic flux generated by the magnet is configured to pass through the first sensor element in a first direction and pass through the second sensor element in a second direction that is opposite to the first direction (Figure 3 / note the magnetic field passes through the above elements in opposite directions).
As to Claim 2,
Liddell discloses the first and second sensor elements are at least one of a Hall Effect element, Giant magnetoresistance (GMR) element, a Tunnel magnetoresistance (TMR) element, or an anisotropic magnetoresistance (AMR) element (Column 6, Lines 23-36 / note that a permalloy magnetoresistive element is anisotropic).
As to Claim 3,
Liddell discloses the magnet is oriented within the opening such that a magnetic axis of the magnet is coaxial to a longitudinal axis of the sensor housing (Figure 12 / note the long axis of the magnet is parallel to the long axis of the sensor housing).
As to Claim 5,
Liddell discloses a potting material (overmold material) disposed in the pocket (Column 10, Lines 1-12), wherein at least a portion of the first sensor element and the second sensor element are at least partially uncovered by the potting material (see above figures / note that bottom surfaces are not covered by the potting material as this material does not extend under the PCB or under sensor (10)).
As to Claim 7,
Liddell discloses the sensor housing includes a protrusion (100) partially defining the pocket, and the magnet opening is disposed in the protrusion (Figure 12 / note carrier (100) protrudes away from the PCB (104) and other elements nearby and defines one surface of the pocket).
As to Claim 9,
Liddell discloses the magnet opening is isolated from the pocket (Figure 12 / note the opening is not in the pocket).
As to Claim 10,
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Liddell discloses A magnetic sensor, comprising: a magnet (24) generating a magnetic field (Column 9, Lines 18-21); a sensor housing (104 plus overmold) (see above figures and note the overmold is part of the housing) including: a first side (see above figures); a second side (see above figures); a pocket including a first pocket portion (see above figures) and a second pocket portion (see above figures / note the pocket portions are defined by the space within the overmold, the inner surfaces of the overmold itself, and leftmost side of the carrier (104) that has openings in its leftmost side that defines one wall of the pocket), wherein the first pocket portion is formed in the first side (see above figures / note the pocket exists in part as an opening in the outer surface of the leftmost side of carrier 104), the first pocket portion being defined by an outer surface of the first side (see above figures / note the outer surface of the leftmost side of carrier (104) that has an opening defines a portion of the pocket), and the second pocket portion of the pocket is formed in the second side (see above figures / note the outer surface of the leftmost side of carrier (104) that has an opening defines a portion of the pocket), and the second pocket portion including an opening in the second side (see above figures / note the outer surface of the leftmost side of carrier (104) that has an opening defines a portion of the pocket); and a magnet housing portion (104) at least partially defined by the outer surface of the first side that defines the first pocket portion (see above figures / note the leftmost side of 104 is defined the outer surface of the first side that defines part of the first pocket portion), the magnet housing portion including a magnet opening (see above figures), (Column 9, Lines 18-21), and wherein the magnet is disposed in the magnet opening (see above figures); a printed circuit board (“PCB”) (140) assembly disposed in the pocket (see above figures) (Column 12, Lines 46-49), the printed circuit board assembly including a first PCB portion and a second PCB portion (see above figures); and a first sensor element (14,18 or just 14) and a second sensor element (16,20 or just 16) disposed on the second PCB portion and disposed in the second pocket portion (Figures 2,12 / note the sensor (10) includes the above elements), wherein the first sensor element and second sensor element are configured to measure magnetic flux density of the magnetic field (Column 6, Lines 12-15 / note this is a property of the system as magnetoresistive elements measure the density/strength of magnetic fields).
(Note: For clarity, please note that the overall pocket is defined by the space between the leftmost side of (104), including its openings/recesses, and the interior space of the overmold material that will surround the PCB (140), sensor (104), and carrier (104). This pocket is then divided into two portions, where a first portion does not include any of the sensor, and the second portion includes both sensors. The rightmost side of the pocket is defined by the outer surface of the leftmost portion of carrier (104). Such an interpretation is reasonable as it is consistent with the manner in which applicant is interpreting the instant application. This interpretation reasonably discloses the above claim features.)
As to Claim 11,
Liddell discloses the magnet is oriented within the opening such that a magnetic axis of the magnet is coaxial to a longitudinal axis of the sensor housing (Figure 12).
As to Claim 12,
Liddell discloses a potting material (overmold material) disposed in the pocket (Column 10, Lines 1-12), wherein at least a portion of the first sensor element and the second sensor element are at least partially uncovered by the potting material (see above figures / note that bottom surfaces are not covered by the potting material as this material does not extend under the PCB or under sensor (10)).
As to Claim 13,
Liddell discloses the first and second sensor elements are at least one of a Hall Effect element, Giant magnetoresistance (GMR) element, a Tunnel magnetoresistance (TMR) element, or an anisotropic magnetoresistance (AMR) element (Column 6, Lines 23-36 / note that a permalloy magnetoresistive element is anisotropic).
As to Claim 16,
Liddell discloses the sensor housing includes a third side partially defined by the first pocket portion (Figures 12,20 / the pocket is three dimensional and will in part define every side of the sensor, and thus the pocket can be said to define an upper, lower, or leftmost side of the sensor housing, in part).
Claim Rejections - 35 USC § 103
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 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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
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 6 and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Liddell et al. (Liddell) (US 5,488,294).
As to Claims 6 and 14,
Liddell does not disclose the first portion of the printed circuit board assembly is a first printed circuit board and the second portion of the printed circuit board assembly is a second printed circuit board connected to the first printed circuit board.
However, the only difference between Liddell and the above claim feature is the number of printed circuit boards included in the printed circuit board assembly. A person of ordinary skill in the art would have known that mere duplication of the board would have been obvious because doing so would have enabled such a person to create modules where either two boards (140) with all of their respective electronics present (Column 12, Lines 46-49), thereby creating a redundant sensing system that would allow the device to continue to operate even if one sensor or components of one sensor board became non-functional.
As such, It would have been obvious to a person of ordinary skill in the art before the effective filing date to modify Liddell to duplicate the circuit board (140) and its electronics to therefore include the first portion of the printed circuit board assembly is a first printed circuit board and the second portion of the printed circuit board assembly is a second printed circuit board connected to the first printed circuit board given the above disclosure of Liddell in order to advantageously create a redundant sensing system that would allow the device to continue to operate even if one sensor or components of one sensor board became non-functional (MPEP 2144.04(VI)(B).
Claims 4 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Liddell et al. (Liddell) (US 5,488,294) in view of Schuderer et al. (Schuderer) (US 2023/0048878).
As to Claims 4 and 15,
Liddell does not disclose the first portion of the printed circuit board assembly includes a temperature sensor, a temperature sensor is disposed on the first printed circuit board.
Schuderer discloses the first portion of the printed circuit board assembly (34) includes a temperature sensor (36) (Paragraph [0046]).
It would have been obvious to a person of ordinary skill in the art before the effective filing date to modify Liddell to include a temperature sensor on both circuit boards or circuit board portions to therefore include the first portion of the printed circuit board assembly includes a temperature sensor, a temperature sensor is disposed on the first printed circuit board given the above disclosure and teaching of Schuderer in order to advantageously add the ability to monitor the temperature in real time to ensure that the sensor is not exposed to heat that can damage the sensor, and if so, to be able to alert a user that the sensor may be damaged.
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Liddell et al. (Liddell) (US 5,488,294) in view of Wolfgang (WO 2020001750 A1).
As to Claim 8,
Liddell does not disclose the sensor housing is formed from aluminum.
Wolfgang discloses the sensor housing is formed from aluminum (Paragraph [0035]).
It would have been obvious to a person of ordinary skill in the art before the effective filing date to modify Liddell to include the sensor housing is formed from aluminum as taught by Wolfgang in order to advantageously utilize a strong material that can prevent damage but will also not negatively affect any magnetic sensing as the material is not magnetic.
Claims 17-20 are rejected under 35 U.S.C. 103 as being unpatentable over Wolfgang (WO 2020001750 A1) in view of Liddell et al. (Liddell) (US 5,488,294).
As to Claim 17,
Wolfgang discloses An assembly for a substrate station (Paragraph [0019]), comprising: a linear stator (178b) (Figures 1,2a), (Paragraph [0033] / note ferromagnetic core 178b is a linear stator, because a stator is nothing more than a stationary magnetic material, and because these stators are used for linear movement in the first direction 192); a magnetic sensor (200) positioned adjacent to the linear stator (Figure 2a), (Paragraph [0041]), the magnetic sensor include a first sensor element (200) and a second sensor element (200) (Figure 2a / note the two sensor elements).
Wolfgang is silent as to the specific details of the magnetic sensor, and therefore does not disclose the magnetic sensor comprises: a sensor housing including a pocket and a magnet opening; a permanent magnet disposed in the magnet opening; a printed circuit board assembly disposed in the pocket, the printed circuit board assembly including a first portion and a second portion; and a first sensor element and a second sensor element disposed on the second portion, wherein the first sensor element and second sensor element are configured to measure magnetic flux density, and the magnetic flux generated by the magnet is configured to pass through the first sensor element in a first direction and pass through the second sensor element in a second direction that is opposite to the first direction.
Liddell discloses the magnetic sensor comprising: a sensor housing (see above figures) including a pocket and a magnet opening (104) (see above figures) (Column 9, Lines 18-21), (Figures 12,20 / note the pocket is created by the space occupied by the sensor (10) and PCB (140) inside the overmold material seen in Figure 20) ; a permanent magnet (24) disposed in the magnet opening (see above figures), (Column 9, Lines 18-21); a printed circuit board assembly (140) disposed in the pocket (see above figures) (Column 12, Lines 46-49), the printed circuit board assembly including a first portion and a second portion (see above figures); and a first sensor element (14,18 or just 14) and a second sensor element (16,20 or just 16) disposed on the second portion (Figures 2,12 / note the sensor (10) includes the above elements), (Column 6, Lines 12-15), wherein the first sensor element and second sensor element are configured to measure magnetic flux density (Column 6, Lines 12-15 / note this is a property of the system as magnetoresistive elements measure the density/strength of magnetic fields), and the magnetic flux generated by the magnet is configured to pass through the first sensor element in a first direction and pass through the second sensor element in a second direction that is opposite to the first direction (Figure 3 / note the magnetic field passes through the above elements in opposite directions),(note the above figures cited for the rejection of Claim 1 are incorporated herein and not repeated for the purpose of brevity).
It would have been obvious to a person of ordinary skill in the art before the effective filing date to modify Wolfgang to include the magnetic sensor comprises: a sensor housing including a pocket and a magnet opening; a permanent magnet disposed in the magnet opening; a printed circuit board assembly disposed in the pocket, the printed circuit board assembly including a first portion and a second portion; and a first sensor element and a second sensor element disposed on the second portion, wherein the first sensor element and second sensor element are configured to measure magnetic flux density, and the magnetic flux generated by the magnet is configured to pass through the first sensor element in a first direction and pass through the second sensor element in a second direction that is opposite to the first direction as taught by Liddell in order to advantageously implement a magnetic sensor configuration that allows for a magnetic sensor that can be accurately calibrated by selectively moving a magnet relative to a magnetically sensitive component and rigidly attaching the magnet in position when a desired relationship between the magnet and magnetically sensitive component is achieved (Column 1, Lines 10-15).
As to Claim 18,
Wolfgang discloses the first and second sensor elements are at least one of a Hall Effect element, Giant magnetoresistance (GMR) element, or a Tunnel magnetoresistance (TMR) element (Paragraph [0041]).
As to Claim 19,
Wolfgang discloses: a frame member (176) , wherein the linear stator is attached to a first side of the frame member and the magnetic sensor is attached to a second side of the frame member (Figure 2a / note the housing/frame can be divided in half with sensor 200 attached to a left side (second side) and the linear stator attached to a right side first side), (Paragraph [0035]).
As to Claim 20,
Wolfgang does not disclose the magnet is arranged in a vertical orientation within the magnetic opening such that the north pole and south pole extend in a vertical direction, wherein the vertical direction is perpendicular to the first direction and the second direction.
Liddell discloses the magnet is arranged in a vertical orientation within the magnetic opening such that the north pole and south pole extend in a vertical direction, wherein the vertical direction is perpendicular to the first direction and the second direction. (Figure 12 / note the long axis of the magnet is considered the vertical direction, and this direction is perpendicular to the first and second direction).
It would have been obvious to a person of ordinary skill in the art before the effective filing date to modify Wolfgang to include the magnet is arranged in a vertical orientation within the magnetic opening such that the north pole and south pole extend in a vertical direction, wherein the vertical direction is perpendicular to the first direction and the second direction as taught by Liddell in order to advantageously implement a magnetic sensor configuration that allows for a magnetic sensor that can be accurately calibrated by selectively moving a magnet relative to a magnetically sensitive component and rigidly attaching the magnet in position when a desired relationship between the magnet and magnetically sensitive component is achieved (Column 1, Lines 10-15).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. 1) US 2021/0341555 to Theuss et al. which discloses two magnetic sensors and a magnet on a same PCB, and 2) JP2013242301 A to Nomura et al. which discloses a current sensor having a current sensor, bias magnet, and temperature sensor.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DAVID M. SCHINDLER whose telephone number is (571)272-2112. The examiner can normally be reached 8am-4:30pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Lee Rodak can be reached at 571-270-5628. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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DAVID M. SCHINDLER
Primary Examiner
Art Unit 2858
/DAVID M SCHINDLER/Primary Examiner, Art Unit 2858