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 .
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
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Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-17 and 23-25 of U.S. Patent No. 12,066,454 to Misuhashi. Although the claims at issue are not identical, they are not patentably distinct from each other because the scope of the current claims fall within the scope of Misuhashi.
Regarding claim 1, Misuhashi discloses an encoder device comprising (claim 1, line 1):
a rotary unit that rotates around a rotary shaft and in which a magnet having two types of polarities is alternately provided along a rotating direction (claim 1, lines 2-7);
an electric signal generation unit for generating an electric signal based on a magnetic characteristic of a magnetosensitive part, the electric signal generation unit having the magnetosensitive part, whose magnetic characteristic is changed by a change in magnetic field associated with rotation of the magnet, and first and third magnetic bodies for guiding magnetic flux lines of the magnet toward the magnetosensitive part (claim 1, lines 8-16) ;
and a position detection unit for detecting position information in response to a generation of the electric signal (claim 1, lines 1-3), wherein the magnetosensitive part is arranged such that there is an interval between the magnetosensitive part and the rotary unit in a radial direction of the rotary unit (claim 1, lines 17-19), a first end of the first magnetic body and a second end of the third magnetic body contact the magnetosensitive part (claim 1, lines 20-22), and a part of the first magnetic body and a part of the third magnetic body are arranged such that they overlap with, in a radial direction of the rotary unit, at least a part of a region in which the magnet rotating passes, and there is an interval toward the rotary unit in a direction that is parallel to the rotary shaft (claim 1, lines 23-26).
Regarding claim 2, Misuhashi discloses wherein a distance between the first end of the first magnetic body and the second end of the third magnetic body is larger than a distance between a third end of the first magnetic body and a fourth end of the third magnetic body (claim 23).
Regarding claim 3, Misuhashi discloses wherein the first magnetic body and the third magnetic body extend along a plane that is parallel to a circumferential direction and the radial direction of the rotary unit (claim 24).
Regarding claim 4, Misuhashi discloses wherein the rotary unit further comprises a second magnetic body for guiding magnetic flux lines of a part of the magnet having one polarity toward a part of the magnet having another polarity, the second magnetic body being disposed between the magnet and the magnetosensitive part (claim 2).
Regarding claim 5, Misuhashi discloses wherein the magnet has a flat plate shape along the rotating direction and has polarities that are also different from each other in a thickness direction orthogonal to the rotating direction, the second magnetic body is provided continuously along the rotating direction, and the first magnetic body is provided from the magnetosensitive part to a position in which the first magnetic body can face the magnet, so as to override the second magnetic body (claim 25).
Regarding claim 6, Misuhashi discloses wherein the magnet has a flat plate shape along the rotating direction and polarities that are also different from each other in a width direction orthogonal to the rotating direction, the second magnetic body is provided with a plurality of openings with intervals the same as intervals of the polarities different from each other in the magnet along the rotating direction, the first magnetic body is provided between the second magnetic body and the magnetosensitive part, and the first magnetic body guides the magnetic flux lines of the magnet toward the magnetosensitive part through the openings of the second magnetic body (claim 3).
Regarding claim 7, Misuhashi discloses wherein in the electric signal generation unit, while the rotary shaft rotates one-turn, there is (i) a first timing at which the magnetic flux lines from the magnet pass the magnetosensitive part via the first magnetic body and the third magnetic body and (ii) a second timing at which the magnetic flux lines from the magnet pass the second magnetic body and do not pass the magnetosensitive part, and an electric signal is generated in the electric signal generation unit at the first timing (claim 4).
Regarding claim 8, Misuhashi discloses wherein a neutral section where the magnetic flux lines from the magnet are not guided toward the magnetosensitive part is provided along the rotating direction of the rotary shaft (claim 5).
Regarding claim 9, Misuhashi discloses wherein the magnetosensitive part generates large Barkhausen jump by a change in magnetic field associated with rotation of the magnet (claim 6).
Regarding claim 10, Misuhashi discloses wherein the electric signal generation unit generates pulsed electric power by rotation of the rotary shaft (claim 7).
Regarding claim 11, Misuhashi discloses a battery for supplying at least a part of electric power that is consumed in the position detection unit, based on an electric signal generated from the electric signal generation unit (claim 8).
Regarding claim 12, Misuhashi discloses a switching unit for switching whether to supply electric power from the battery to the position detection unit, based on the electric signal generated from the electric signal generation unit (claim 9).
Regarding claim 13, Misuhashi discloses wherein the battery includes a primary battery or a secondary battery (claim 10).
Regarding claim 14, Misuhashi discloses wherein the position detection unit (i) includes a magnet for detecting positions and a magnetism detection unit, whose mutual relative positions are changed by rotation of the rotary shaft, and (ii) detects the position information, based on a magnetic field formed by the magnet for detecting positions, and the magnetism detection unit detects the magnetic field formed by the magnet for detecting positions by using electric power supplied from the battery (claim 11).
Regarding claim 15, Misuhashi discloses wherein the position detection unit includes: a scale that rotates in conjunction with the rotary shaft, an irradiation unit for irradiating the scale with light, and a light detection unit for detecting light from the scale (claim 12).
Regarding claim 16, Misuhashi discloses wherein the magnet and the second magnetic body each have an annular shape, and the magnetosensitive part is disposed outside of an outer surface of the second magnetic body (claim 13).
Regarding claim 17, Misuhashi discloses wherein the position detection unit includes: an angle detection unit for detecting angular position information within one-turn of the rotary shaft, and a multi-turn information detection unit for detecting, as the position information, multi-turn information of the rotary shaft (claim 14).
Regarding claim 18, Misuhashi discloses a drive device comprising: the encoder device according to Claim 1; and a power supplying unit for supplying power to the rotary shaft (claim 15).
Regarding claim 19, Misuhashi discloses a stage device comprising: a moving object; and the drive device according to Claim 18 for rotating the moving object (claim 16).
Regarding claim 20, Misuhashi discloses a robot device comprising: the drive device according to Claim 18; and an arm for causing relative movement by the drive device (claim 17).
Examiner’s Notes
35 USC 101
Claims 1-20 are eligible.
Independent claim 1:
Step 1: This part of the eligibility analysis evaluates whether the claim falls within any statutory category. MPEP 2106.03. The claim recites a device, and therefore is a machine, which is a statutory category of invention (Step 1: YES).
Step 2A: 35 USC 101 Per MPEP 2106.04(II), a claim “recites” a judicial exception when the judicial exception is “set forth” or “described” in the claim. There are no nature-based product limitations in this claim, and thus the markedly different characteristics analysis is not performed. However, the claim still must be reviewed to determine if it recites any other type of judicial exception. There is no exception recited in the claim. The claim does not recite any abstract ideas, such as a mathematical concept, mental process, or a method of organizing human activity such as a fundamental economic concept or managing interactions between people. See MPEP 2106.04(II) and October Update at Section I(A) for more information about what “recite” means. Because the claim does not recite a judicial exception, it cannot be directed to one (Step
2A:NO). The claim is eligible.
Dependent claims 2-17 are also eligible for the same reason as explained in claim 1.
Claim 18 recites “a drive device comprising: the encoder device according to Claim 1; and a power supplying unit for supplying power to the rotary shaft” is eligible for the same reason explained in claim 1.
Claims 19-20 depend from claim 18 and 1 and therefore are also eligible for the same reasons as explained in claims 1 and 18.
Conclusion
Claims 1-20 are patentably distinguishable over the prior art of record.
Regarding claim 1, JP 2018-36138 (Nikon Corp.) (hereinafter “Nikon”) discloses an encoder including a position detection unit 1 (Pars. 5, 12, 17) which operates by receiving power supply from the first power supply 5 in a state where the first power supply is turned on. The encoder includes a signal generation unit that generates a detection signal by a change in a magnetic field associated with movement of a moving unit, a position detection unit that starts detection of position information of the moving unit based on the detection signal, and a notification unit that outputs a notification unit (see Par. 5). Nikon discloses a multiple rotation information detector which is a magnetic detector d detectes multiple rotation information by magnetism. Nikon discloses a magnet 11 which is provided on a disk (first rotating body, first moving body) fixed to the rotation shaft. The magnet is fixed to the outside of the ration shaft, and the relative position of the magnet and a magnetic sensor are changed by the rotation of the rotation shaft (Par. 20)
However, Nikon’s first power generation unit 42 (i.e. the claimed “electric signal generation unit”) does not include “a first magnetic body for guiding magnetic flux lines of the magnet toward the magnetosensitive part”.
Further, Nikon does not disclose that “a second magnetic body for guiding magnetic flux lines of a part having one polarity of the magnet toward a part having other polarity of the magnet, the second magnetic body being disposed between the magnet and the magnetosensitive part”.
JP 2000-161989 (Matsushita Electric Works, LTD)(hereinafter “Matsushita”) discloses a rotary encoder, and specifically discloses at paragraphs 11-21 and Figure 3 that there is a coil terminal 3 to which the coil wire 22 (i.e., the magnetic induction part) is connected. The coil terminal 3 is the magnetic member 4, and is formed in a substantially L-shape by one piece 3a and the other piece 3b, and an extension portion 3c extends from the center of the front end of the one piece 3a. One piece 3a of the coil terminal 3 is arranged adjacent to one end and the other end in the axial direction of the iron core 21, respectively, to concentrate the magnetic flux emitted from the permanent magnet 1 (one of the coil terminals corresponds to the first one of the present application). Magnetic conductor, which guides the magnetic field lines of the magnet to the magnetic induction part). In this rotation sensor, in addition to the effect of the first embodiment, the iron core 21 in which the magnetic member 4 is adjacently arranged at both ends in the axial direction gathers the magnetic fluxes emitted from the permanent magnet 1 and spreads, so that it is possible to improve the Detection sensitivity.
Mehnert (USPAP. 2014 20140067301) teaches an absolute high-resolution segmented revolution counter, and specifically discloses the following technical features (Pars. 60-68, Figs. 1-6): an excitation magnet (equivalent to claimed limitation “the magnet” is surrounded by a ring which becomes the ferromagnetic back connection body 14 (equates the claimed “second magnetic body”), the radius of the ring corresponding to the radius of the field magnet formed in the circular are cross-sectional shape. Between the opposite output surfaces of the excitation magnet, a Wiegand element (ie, a magnetic induction part) is provided, which includes a ferromagnetic element FE surrounded by the sensor coil SP (see Fig. 1-2, a second magnetic body can be arranged between the magnet and the magnet). between the magnetic induction parts). The Wiegand element and the additional sensor ZS face the common back connection 14, i.e. in this way the reaction effect of the Wiegand element to the additional sensor is substantially reduced, since the additional sensor ZS is also located in the main magnetic field between the two excitation magnets, so it is also electromagnetically shielded.
However, regarding claim 1, the closest prior art of record (Nikon, Matsushita, and Mehnert) either alone or in combination fails to anticipate or render obvious the combination wherein “the magnetosensitive part is arranged such that there is an interval between the magnetosensitive part and the rotary unit in a radial direction of the rotary unit, a first end of the first magnetic body and a second end of the third magnetic body contact the magnetosensitive part, and a part of the first magnetic body and a part of the third magnetic body are arranged such that they overlap with, in a radial direction of the rotary unit, at least a part of a region in which the magnet rotating passes, and there is an interval toward the rotary unit in a direction that is parallel to the rotary shaft.” in combination with other limitations in the claims as defined by Applicants.
Claims 2-20 depend from claim 1 and therefore are also patentably distinguishable over the prior art of record.
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Mehnert et al. (USPAP. 20110213927) (submitted by Applicants) discloses an absolute high resolution linear segment or revolution counter as a one-chip-solution with self sustained, economical intermediate solutions, preferably as absolute magnetic multi turn, having a Wiegand element for counting the revolutions or segments, respectively and for the energy supply of the counter and memory as well as processing electronics, whereby the additional sensor for the fine resolution and a .mu.-controller are part of the overall IC is disclosed (Abstract; Pars. 27-32).
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/PHUONG HUYNH/Primary Examiner, Art Unit 2857 September 24, 2026
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