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 .
This Office Action is in response to amendments and remarks filed July 22, 2026. Claims 1-8, 10 are currently pending.
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) 8 is/are rejected under 35 U.S.C. 102a1 as being anticipated by Nimura et al. (JP 2017-003506).
Regarding claims 8, Nimura et al. disclose (Figs.) a method and an encoder comprising: a boss (17) that rotates about a rotation axis of a shaft (13) included in a motor (12); a rotating plate (16) that has a circular shape, is fixed to the boss, and rotates around the rotation axis; a bonding portion (23) that fixes the boss and the rotating plate; and an optical module (14, 15) including a light source (14) that irradiates the rotating plate with light and a light receiving element (15) that receives light emitted from the light source and reflected by the rotating plate, wherein the bonding portion includes a cured product of an adhesive having a photocuring property ([0032] “ultraviolet”) and an anaerobic curing property ([0032] “anaerobic”), and wherein a part of the bonding portion (Fig. 2) is exposed from between the boss and the rotating plate and is in contact with the boss and the rotating plate. Nimura et al. further disclose ([0019]) temporarily fixing the boss and rotating plate by photocuring and anaerobically curing an uncured portion of a remainder of the adhesive as claimed.
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.
Claim(s) 1-3, 7, 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Nimura et al. in view of Nagura (U.S. PGPUB 2011/0303831).
Regarding claims 1-3, 7, 10, Nimura et al. disclose (Figs.) a method and an encoder comprising: a boss (17) that rotates about a rotation axis of a shaft (13) included in a motor (12); a rotating plate (16) that has a circular shape, is fixed to the boss, and rotates around the rotation axis; a bonding portion (23) that fixes the boss and the rotating plate; and an optical module (14, 15) including a light source (14) that irradiates the rotating plate with light and a light receiving element (15) that receives light emitted from the light source and reflected by the rotating plate, wherein the bonding portion includes a cured product of an adhesive having a photocuring property ([0032] “ultraviolet”) and an anaerobic curing property ([0032] “anaerobic”), and wherein a part of the bonding portion (Fig. 2) is exposed from between the boss and the rotating plate and is in contact with the boss and the rotating plate. The boss has a first facing surface (top surface) that faces the rotating plate and is in contact with the bonding portion (23) in a direction along the rotation axis of the shaft. In order a motor to operate properly, the motor (12) inherently has a rotor and stator as claimed. From Figs. 2 or 5 of Nimura et al., an area S1 (21, 41) of the part of the bonding portion to an area S2 (an arbitrary area of 17 that meets the ratio of S1/S2 >= 0.2) of the first facing surface when viewed from a direction along the rotation axis is 0.2 or more. Nimura et al. do not disclose the light source is disposed at a position further from a rotation axis than the light receiving element or the light source and light receiving element are disposed along a direction perpendicular to the rotation axis. Nagura teaches (Fig. 3) a similar encoding device where the light source (310) is disposed at a position further from a rotation axis (see curve of code disk 201) than the light receiving element (320) and disposed along a direction perpendicular to the rotation axis. Thus, it would have been obvious to a person of ordinary skill in the art before the time of the effective filing of the invention to provide such a configuration in the apparatus of Nimura et al. in view of Nagura to obtain a desired sensitivity and result as known and predictable.
Claim(s) 1, 2, 4-7, 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Nakamura et al. (U.S. PGPUB 2021/0270641) in view of Nimura et al. and Nagura.
Regarding claims 1, 2, 4-7, 10, Nakamura et al. disclose (Figs.) an encoder comprising: a boss (8) that rotates about a rotation axis of a shaft (11) included in a motor (12); a rotating plate (5) that has a circular shape, is fixed to the boss, and rotates around the rotation axis; a bonding portion (19) that fixes the boss and the rotating plate; and an optical module (41, 42) including a light source (41) that irradiates the rotating plate with light and a light receiving element (42) that receives light emitted from the light source and reflected by the rotating plate, wherein the bonding portion includes a cured product of an adhesive having a photocuring property ([0054] “ultraviolet”) and another curing property (“other curing type”), and wherein a part of the bonding portion (Fig. 13) is exposed from between the boss and the rotating plate and is in contact with the boss and the rotating plate. The boss has a first facing surface (top surface) that faces the rotating plate and is in contact with the bonding portion (19) in a direction along the rotation axis of the shaft. In order a motor to operate properly, the motor (12) inherently has a rotor and stator as claimed. Nakamura et al. also disclose (Fig. 13) the boss has an edge protruding (30) toward the rotating plate, the rotating plate has a second surface facing the first facing surface and a reflecting surface (at 14), wherein the projection end is closer to a base end than the reflecting surface, and a recess (at 23) as claimed. Nakamura et al. do not specifically disclose the other curing property being an anaerobic property. Nakamura et al. teach ([0054]) the other curing property being an anaerobic property. Nimura et al. further teach ([0032]) and UV and anaerobic curing property. Thus, it would have been obvious to a person of ordinary skill in the art before the time of the effective filing of the invention to provide a combination UV and anaerobic curing property in the apparatus of Nakamura et al. in view of Nimura et al. to allow for complete curing and a more resilient device as taught, known and predictable. Nakamura et al. and Nimura et al. do not disclose the light source is disposed at a position further from a rotation axis than the light receiving element or the light source and light receiving element are disposed along a direction perpendicular to the rotation axis. Nagura teaches (Fig. 3) a similar encoding device where the light source (310) is disposed at a position further from a rotation axis (see curve of code disk 201) than the light receiving element (320) and disposed along a direction perpendicular to the rotation axis. Thus, it would have been obvious to a person of ordinary skill in the art before the time of the effective filing of the invention to provide such a configuration in the apparatus of Nakamura et al. in view of Nimura et al. and Nagura to obtain a desired sensitivity and result as known and predictable.
Response to Arguments
Applicant's arguments with respect to claims 8 and 9 filed July 22, 2026 have been fully considered but they are not persuasive.
Applicant asserts that Nimura et al. do not disclose temporary fixing by photocuring and a main fixing step by anaerobically curing an uncured portion of a remainder of the adhesive. Examiner disagrees. Nimura et al. specifically disclose ([0019]) applying an adhesive then photocuring a part of the adhesive, then anaerobically curing an uncured portion of a remainder of the adhesive. As understood, since a part of the adhesive is not cured totally, it is a temporary fixing and since the entire adhesive is not completely cured until it is naturally anaerobically cured, it is a main fixing as claimed. Since such is a reasonable interpretation, Applicant’s remarks are not persuasive and this rejection is proper.
Applicant’s arguments with respect to the other claim(s) have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to THANH LUU whose telephone number is (571)272-2441. The examiner can normally be reached 9AM-5:30PM.
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, Georgia Epps can be reached at 571-272-2328. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/THANH LUU/Primary Examiner, Art Unit 2878
Prosecution Insights