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 Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claim 12 is rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends. As to claim 12, it recites the phrase “A touch sensor comprising one or a plurality of pressure sensors using a magnetic field” but does not recite any further structural features to further narrow claim 12. Claim 12 depends from claim 1 and therefore is must further limit it in some manner. Because claim 12 does not recite any further structural limitation or other further limitation to claim 1, it fails to further limit claim 1. Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
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 - 12 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 claim 1, it is unclear where is the first circuit portion positioned with respect to the elastic portion containing a magnetic material?
As to claim 2, it is unclear where is the first circuit portion and the second circuit portion positioned with respect to each other and with respect to the elastic portion containing a magnetic material?
As to claim 11, it is unclear where is the coil portion positioned with respect to the elastic portion to act as an actuator?
Claims 3, 5 – 7, 9 and 11 - 12 are rejected by virtue of their dependency on claim 1.
Claims 4, 8 and 10 are rejected by virtue of their dependency on claim 2.
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.
Claim(s) 1, 3, 5 – 7 and 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over JP2013210214 (hereinafter ‘JP214).
As to claim 1, ‘JP214 discloses a sensor using a magnetic field (10), comprising an elastic portion (12) containing a magnetic material having remanent magnetization (18); a circuit portion (11) configured to generate a Hall voltage in response to a change in a magnetic field (18), wherein when at least a portion of the elastic portion (12) is deformed due to external pressure, causing a change in the magnetic field (18) acting on the circuit portion (11), the circuit portion (11) detects a magnitude of the Hall voltage (14, 16) corresponding to the change in the magnetic field (18) (Fig. 1, 3A and 6).
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As to claim 3, ‘JP214 discloses that a spacer (spring) is interposed between the elastic portion (12) and the circuit portion (11) (Fig. 6).
As to claim 5, ‘JP214 discloses that the spacer (spring) provides a space for a portion of the elastic portion (12) to move when external pressure (F) acts on the elastic portion (12) (Fig. 6, 11b).
As to claim 6, ‘JP214 discloses that the Hall voltage is generated by a potential difference resulting from deflection of free electrons of a conductor in the circuit portion due to the change in the magnetic field (M) ((Fig. 2), The sensitive element 11 of the present embodiment uses the Hall element described above. As shown in FIG. 2, the Hall element is formed in a thin plate shape, for example, and is arranged so that the magnetic field M passes through the plate thickness direction (Z direction). When carriers such as electrons are moved in the x direction, It is known that the Hall voltage V .sub.H is generated in the y direction, and is often used as a magnetic sensor.).
As to claim 7, ‘JP214 discloses that a magnitude of the Hall voltage increases as a distance between the elastic portion (12) and the circuit portion (11) decreases (Fig. 3A).
As to claim 9, ‘JP214 discloses that the elastic portion (12) is disposed on a first side of the circuit portion (11) and a substrate portion (20) is disposed on a second side opposite to the first side of the circuit portion (11) (Fig. 1(a), 1(b)).
Prior Art of Record
The prior art made of record and not relied upon is considered pertinent to applicant s disclosure.
Kim et al. (11,504,743) is cited for its disclosure of a flexible tactile actuator.
Kim et al. (10,635,178) is cited for its disclosure of a multi-directional module.
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/REENA AURORA/ Primary Examiner, Art Unit 2858