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 2-8 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.
Claim 2 recites the limitation "the first intermediate layer" in line 7. There is insufficient antecedent basis for this limitation in the claim. It is suggested the recitation be changed to “the at least one intermediate layer”.
Claim 3 recites the limitation "the first and the second intermediate layer" in lines 3-4. There is insufficient antecedent basis for this limitation in the claim. It is suggested that the presence of a first and second intermediate layer should be established.
Regarding claim 4 line 4, it is unclear if the recitation “a second intermediate layer” is intended to reference the previously recited second intermediate layer (cl. 3 line 3).
Claims 5-8 are rejected due to their dependence upon claim 4.
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 and 9 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by DE 10 2018 213249 A1 to Utermoehlen et al.
Re-claim 1, Utermoehlen et al. disclose an inductive position sensor device for detecting a positional location of a position encoder element having a position reception device, the position reception device comprises: a printed circuit board (see “circuit board” page 5 of the translation) having multilayer design (see page 5 paragraph 1 line 6: “The circuit carrier can in particular comprise layer structure with several levels.”) and having a coil assembly; the coil assembly comprises at least one excitation coil 120 and at least a first 126 and a second 128 reception coil; the first and the second reception coil each comprise a number of windings (see figure 6) which are at least partly surrounded by the excitation coil; the first reception coil comprises a compensation winding 154 which is arranged at least in certain areas above and/or below a subsection of the excitation coil 120. Segment portion 152 of the compensation winding is arranged above the excitation coil 120, as shown in figure 6.
Re-claim 9, Utermoehlen et al. disclose {brake} system for a motor vehicle, comprising: a {brake} actuation device (such as part of an electric motor, as electrically operated brakes are commonly used in motor vehicles, see page 2 last paragraph), the motor having a drive shaft (as part of a rotor) and an impeller 114; a position encoder element 164 of a position sensing device is part of the impeller and includes an inductive position sensor device comprising: a printed circuit board (see “circuit board” page 5 of the translation) having multilayer design (see page 5 paragraph 1 line 6: “The circuit carrier can in particular comprise layer structure with several levels.”) and having a coil assembly; the coil assembly comprises at least one excitation coil 120 and at least a first 126 and a second 128 reception coil; the first and the second reception coil each comprise a number of windings (see figure 6) which are at least partly surrounded by the excitation coil; the first reception coil comprises a compensation winding 154 which is arranged at least in certain areas above and/or below a subsection of the excitation coil 120. Segment portion 152 of the compensation winding is arranged above the excitation coil 120, as shown in figure 6. The inductive sensor is disclosed as part of a motor, which are commonly used in electric brakes on vehicles.
Claim(s) 1 and 9 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 2019/0195963 A1 to Qama.
Re-claim 1, Qama discloses an inductive position sensor device for detecting a positional location of a position encoder element having a position reception device, the position reception device comprises: a printed circuit board (see figure 8A and 800, PCB and paragraph 91) having multilayer design (an upper surface is interpreted as an upper layer and a lower surface is interpreted as a lower layer) and having a coil assembly; the coil assembly comprises at least one excitation coil 802 and at least a first 804 and a second 806 reception coil; the first and the second reception coil each comprise a number of windings (see figures 8A/8B) which are at least partly surrounded by the excitation coil; the first reception coil comprises a compensation winding (see one of 808/810/812 and paragraph 93, the coil elements are disclosed as compensating features) which is arranged at least in certain areas above and/or below a subsection of the excitation coil. Connection portions of the compensation winding is arranged what appears to be below the excitation coil 802, as shown in figures 8A and 8B.
Re-claim 9, Qama discloses {brake} system for a motor vehicle, comprising: an {brake} actuation device (such as part of an electric motor, as electrically operated brakes are commonly used in motor vehicles, paragraph 3), the motor having a drive shaft (as part of a rotor) and an impeller (see figure 4C); a position encoder element (such as 124 or 408) of a position sensing device is part of the impeller and includes an inductive position sensor device comprising: a printed circuit board (see figure 8A and 800, PCB and paragraph 91) having multilayer design (an upper surface is interpreted as an upper layer and a lower surface is interpreted as a lower layer) and having a coil assembly; the coil assembly comprises at least one excitation coil 802 and at least a first 804 and a second 806 reception coil; the first and the second reception coil each comprise a number of windings (see figures 8A/8B) which are at least partly surrounded by the excitation coil; the first reception coil comprises a compensation winding (see one of 808/810/812 and paragraph 93, the coil elements are disclosed as compensating features) which is arranged at least in certain areas above and/or below a subsection of the excitation coil. Connection portions of the compensation winding is arranged what appears to be below the excitation coil 802, as shown in figures 8A and 8B. The inductive position sensor is disclosed as being used in the automotive industry for measuring and detecting a position of various components.
Allowable Subject Matter
Claims 2-8 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Schwaiger et al. teach the use of inductive position sensors with various brake systems. Morrison, Kim, Herrmann, Muehlfeld and Qama each teach an inductive position sensor with compensating features.
Any inquiries concerning this communication or earlier communications from the
examiner should be directed to Thomas Williams whose telephone number is 571-272-7128.
The examiner can normally be reached on Tuesday-Friday from 6:00 AM to 4:00 PM.
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supervisor, Robert Siconolfi, can be reached at 571-272-7124. The fax phone number for the
organization where this application or proceeding is assigned is 571-273-8300.
Any inquiry of a general nature or relating to the status of this application or proceeding
should be directed to the receptionist whose telephone number is 571-272-6584.
TJW /THOMAS J WILLIAMS/ Primary Examiner, Art Unit 3616 August 7, 2026