DETAILED ACTION
Election/Restrictions
Applicant’s election of Species 1, Figures 1A-1B, Claims 1-3, 11-12, and 14 in the reply filed on 07/08/2026 is acknowledged.
Claim 14 is withdrawn by the examiner because it is directed to nonelected species. Specifically, claim 14 includes a sensor, which is not present in the elected figure 1, or discussed in the disclosure as being present in the device shown in figure 1. This claim appears to be directed to structure shown in nonelected figure 12.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1-3 and 11-12 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the enablement requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to enable one skilled in the art to which it pertains, or with which it is most nearly connected, to make and/or use the invention.
In re claim 1, the claimed angle formed by an arrangement direction of the at least three or more convex portions and the magnetization direction is not perpendicular according to the claim language. This is not consistent with the disclosure that defines the magnetization direction as A, which is parallel to the X axis in figure 1, and the arrangement direction that is defined as being parallel to the Z direction (see paragraph 33 of the disclosure). Z and X directions are shown to be perpendicular in the elected figures. This conflicts with the claimed invention of claim 1, and also claim 12 where directions are claimed to be the same. Appropriate correction is required.
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 and 11-12 is/are rejected under 35 U.S.C. 102a1 as being anticipated by Ausserlechner (US 10338159).
In re claim 1, Ausserlechner, in figures 1-13, discloses a position detection magnet bipolarly magnetized comprising: at least three or more convex portions (magnet 210 has multiple convex portions, see figures 3, 6, 10, and 13) and wherein the at least three or more convex portions are arranged in a row on one surface of surfaces parallel to a magnetization direction (the direction is from south to north pole of the magnet; no specific direction is claimed; the convex portions are 3d structures and are thus interpreted to be arranged in all directions) of the position detection magnet (since the arrangement direction can be interpreted as any direction, any magnetization direction meets the claim requirements; the prior art is inherently magnetized in at least one direction), the at least three or more convex portions are made of the same material as the position detection magnet (the shown magnet with the convex portions is clearly a uniform single piece magnet, and thus inherently is made of one material) and are magnetized in the same direction as the position detection magnet (the magnetization direction is from south to north pole), and an angle formed by an arrangement direction of the at least three or more convex portions and the magnetization direction is not perpendicular (in the same way as shown by the applicant; the convex portions are arranged in all directions).
In re claim 2, Ausserlechner, in figures 1-13, discloses that one of the at least three or more convex portions is located at the center of the one surface in the arrangement direction (this is clearly seen in the figures).
In re claim 3, Ausserlechner, in figures 1-13, discloses that two at both ends of the at least three or more convex portions are located at end portions of the one surface (as shown in the figures).
In re claim 11, Ausserlechner, in figures 1-13, discloses that the at least three or more convex portions are bar-shaped and extend at the same height in a direction perpendicular to the arrangement direction of the convex portions (as seen in the figures).
In re claim 12, Ausserlechner, in figures 1-13, discloses that the magnetization direction is the same as the arrangement direction (the arrangement direction can be interpreted to be any direction, at least one of which is the same as the magnetization direction).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. A list of pertinent prior art is attached in form PTO-892.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Alexander Talpalatski whose telephone number is (571)270-3908. The examiner can normally be reached 10 AM - 6 PM PT.
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, Shawki Ismail can be reached at 5712723985. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Alexander Talpalatski/Primary Examiner, Art Unit 2837
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