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 .
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the 1st & 2nd magnetoresistance effect elements (because these elements are in a claim that is requiring specific positions of not only themselves but magnetic field) must be shown or the feature(s) canceled from the claim(s). For examining purposes, the claims that contain the limitations of the 1st & 2nd magnetoresistance elements will be construed as being taught by the prior art. No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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 7 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 7, it is unclear as to how the electrode is located on the outer edge of the plane when a plane is infinitely long in two-dimensional space. For examining purposes, the limitations at question will be interpreted as being taught by the prior art. 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 and 12-14 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipate by Ohori et al. (WO 2017002869).
1 & 14. Ohori et al. teach:
A rotary machine 1 comprising:
a stator 10;
a rotor 5 configured to rotate relative to the stator 10;
a rotary shaft 3 coupled to the rotor and configured to rotate as the rotor rotates; and
a magnetic sensor 82 configured to detect a position of the rotor, the rotor including a plurality of magnets 7, the magnetic sensor being arranged to face the rotor in an axial direction that is parallel to the rotary shaft (fig 3), and the magnetic sensor being configured to detect the position of the rotor based on a magnetic field generated by the plurality of magnets of the rotor (since the sensor faces the magnets just as applicant’s does, fig 3 below).
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12. Ohori et al. teach:
The rotary machine of claim 1, wherein the rotary machine is used as an electric motor.
13. Ohori et al. teach:
A method for manufacturing a rotary machine 1, the rotary machine comprising:
a stator 10;
a rotor 5 configured to rotate relative to the stator;
a rotary shaft 3 coupled to the rotor and configured to rotate as the rotor rotates; and
a magnetic sensor 82 configured to detect a position of the rotor, the rotor including a plurality of magnets 7,
the magnetic sensor being configured to detect the position of the rotor based on a magnetic field generated by the plurality of magnets of the rotor (since the sensor faces the magnets just as applicant’s does, fig 3 above),
the method comprising the step of arranging the magnetic sensor to make the magnetic sensor face the rotor in an axial direction that is parallel to the rotary shaft (fig 3 above).
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.
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) 2-4 and 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ohori et al. in view of Okada et al. (JP 2019158412).
2. Ohori et al. teach:
The rotary machine of claim 1, wherein the magnetic sensor includes a counter surface (the surface of the magnet that faces the sensor), facing the magnetic sensor, of the rotor and the single plane of the magnetic sensor are perpendicular to each other (the sensor and the rotor are in the same spatial and functional configuration as applicant’s claimed and disclosed invention, figs 1-3); but does not teach at least one magnetoresistance effect element disposed on a single plane of the magnetic sensor.
Okada et al. teach that at least one magnetoresistance effect element disposed on a single plane of the magnetic sensor to weaken the magnetic field around the sensor which would prolong the service life of the sensor (abstract).
Thus, it would have been obvious to a person having ordinary skill in the art before the invention was effectively filed to modify the invention of Ohori et al. with at least one magnetoresistance effect element disposed on a single plane of the magnetic sensor, as taught by Okada et al. so as to prolong the service life of the sensor.
3. Ohori et al. teach:
The rotary machine of claim 2, comprising a plurality of the magnetic sensors, wherein the plurality of the sensors includes: a first magnetic sensor element 82 configured to detect a magnetic field oriented in a first direction (the direction of placement of the 1st sensor, fig 4), the first direction being perpendicular to the single plane of the magnetic sensor (for example, the direction of projection of the sensor towards the rotor); and a second magnetic sensor 82 configured to detect a magnetic field oriented in a second direction (the direction of placement of the 1st sensor, fig 4), the second direction being perpendicular to not only the single plane of the magnetic sensor but also the first direction (since the insertion of the magnetic field at its height is perpendicular to each sensor in every instance, the limitation is taught…MPEP 2112); but does not teach the use of the magnetoresistance effect elements.
Okada et al. teach that at least one magnetoresistance effect element disposed on a single plane of the magnetic sensor to weaken the magnetic field around the sensor which would prolong the service life of the sensor (abstract).
Thus, it would have been obvious to a person having ordinary skill in the art before the invention was effectively filed to modify the invention of Ohori et al. with at least one magnetoresistance effect element disposed on a single plane of the magnetic sensor, as taught by Okada et al. so as to prolong the service life of the sensor.
4. Ohori et al. in view of Okada et al. teach:
The rotary machine of claim 3, wherein each of the plurality of the magnetoresistance effect elements is either a giant magnetoresistance effect element (Okada et al. para 0006 excerpt below) or a tunnel magnetoresistance effect element (Okada et al. para 0006 excerpt below).
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7. Ohori et al. teach:
The rotary machine of claim 1, further comprising a housing 11 that houses at least the stator and the rotor (the housing is a stator housing and the rotor is internal to the stator), wherein the magnetic sensor includes: a sensor unit (figs 1, 3 & 6) including at least one sensor element disposed on a single plane of the sensor unit (figs 1, 3 & 6); and a board 80 having one surface, the sensor unit further includes an electrode portion (inherent to a magnetic sensor on a pcb, MPEP 2112) that electrically connects the sensor unit and the board to each other (the signal has to travel through the PCB to another PCB containing the controller, MPEP 2112), the electrode portion is disposed on a side surface extending, from an outer edge of the single plane of the sensor unit (figs 1, 3 & 6), in a direction intersecting with the single plane (figs 1, 3 & 6), the board is arranged inside the housing to be parallel to a counter surface (figs 1, 3 & 6), facing the magnetic sensor, of the rotor, and the sensor unit is connected to the board via the electrode portion (inherent, MPEP 2112).
Allowable Subject Matter
Claims 5, 6 and 8-11 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.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TERRANCE L KENERLY whose telephone number is (571)270-7851. The examiner can normally be reached M-F 9am-5pm.
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/TERRANCE L KENERLY/Primary Examiner, Art Unit 2834