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(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 17 – 29 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 17, applicant is claiming calibrating the measuring device. However, since the claim does not set forth any steps it is not clear from the claim language how the calibration of the measuring device is being carried out.
Claims 18 - 29 are rejected by virtue of the dependency on claim 17.
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 16 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. Claim 16 recites the limitation “A current collector unit…” but does not recite any further structural features to further narrow claim 16. 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.
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 – 6, 10 – 12, 14 - 15 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by STARK et al. (2020/0238833).
As to claims 1, 4 and 5, STARK et al. (hereinafter STARK) discloses a measuring device for measuring a position of at least one current collector (4, 6, 8) arranged in an jointed manner on a current collector trolley (2) of a current collector unit relative to the current collector trolley [0024], [0054] and [0061]-[0069], the measuring device including: at least one sensor unit (22) which has at least one sensor (26) and is arranged on the current collector trolley, wherein at least one permanent magnet (24) is arranged on at least one of the at least one current collector, and wherein at least one of the at least one sensor is a Hall sensor [0024] and [0054], wherein the measuring device is enabled to derive the position of a respective one of the at least one current collector having a respective one of the at least one permanent magnet based on at least one sensor signal of the at least one Hall sensor [0068], (Fig. 1 and 2).
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As to claim 2, STARK discloses that one or more respective permanent magnets (24) of the at least one permanent magnet is or are arranged on respective ones of the at least one current collector (4, 6, 8) (Fig. 1 and 2, [0021] – [0023]).
As to claim 3, STARK discloses that at least one sensor (26) is a 3D Hall sensor, and wherein the measuring device is enabled to determine the position of each of the at least one current collector (4, 6, 8) fitted with one or more of the at least one permanent magnet (24) in all three spatial directions [0024], [0027].
As to claim 6, STARK discloses that the sensor unit (4) has a housing which is arranged on the current collector trolley (2) (Fig. 2).
As to claim 10, STARK discloses that the at least one permanent magnet (24) and the at least one sensor (26) is or are arranged opposite one another (Fig. 2).
As to claim 11, STARK discloses that at least one magnet holder (18) is arranged on at least one of the at least one current collector (4) and holds at least one of the at least one permanent magnet (24) (Fig. 2).
As to claim 12, STARK discloses that least one of the at least one permanent magnet (24) is attached to or integrated into at least one of the at least one current collector (2) (Fig. 2, [0067]).
As to claim 14, STARK discloses a readout device and/or a communication device, adapted to output the at least one sensor signal (or to transmit the at least one sensor signal to a data processing device [0068]-[0069].
As to claim 15, STARK discloses that the data processing device is configured to use the at least one sensor signal to determine the position of the at least one current collector (4), ([0023], [0026 ] and [0068]-[0069]).
Allowable Subject Matter
Claims 7 – 9 and 13 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Prior Art of Record
The prior art made of record and not relied upon is considered pertinent to applicant s disclosure.
Lagger et al. (20210310827) is cited for its disclosure of a multi-channel magnetic sensor device.
Lamb et al. (20040217832) is cited for its disclosure of a multiple output magnetic sensor.
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.
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 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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