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 .
Election/Restrictions
Applicant’s election without traverse of Group I, claims 1-10, in the reply filed on 6/17/2026 is acknowledged. The Applicant did not elect for a species in the reply.
During a telephone conversation with Christopher K. Brunnquell on 7/1/2026 a provisional election was made without traverse to prosecute the invention of Species II, Fig. 5D, claims 1-8. Affirmation of this election must be made by applicant in replying to this Office action. Claims 9-10 are further withdrawn from further consideration by the examiner, 37 CFR 1.142(b), as being drawn to a non-elected invention.
Drawings
The drawings are objected to because there seems to be a missing figure as stated in paragraph 0103 for Figs. 18A-18B but only Fig. 18 is seen. 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.
Specification
The disclosure is objected to because of the following informalities:
Paragraph 0103 cites Figs. 18A-18B but only Fig. 18 is seen in the figures.
There is a missing period at the end of paragraph 0104.
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.
Claims 1 and 3 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Roth (US 20210040965).
Regarding claim 1, Roth teaches of a lift device (¶0024, can be used in a mobile crane) comprising:
a boom assembly (¶0024, used in a boom) comprising a base member and an extension member (booms of mobile cranes comprise of a base member and an extension member); and
a hydraulic assembly (fig. 1, fluidic cylinder 1) comprising:
a cylinder housing (cylinder tube 2) having an internal cavity (internal cavity to hold fluid 14),
a piston (piston rod 8) positioned at least partially within the internal cavity (seen in fig. 1) and coupled to the extension member at a distal end (to the right) of the piston (at distal end of the piston by eye 9),
a piston head (piston 4) coupled to the piston at a proximal portion (to the left) of the piston (seen in fig. 1), the piston head located within the cylinder (2) (seen in fig. 1),
a pressure tube (coaxial bore 19) extending through the piston head (4) and at least a portion of the piston (8) (seen in fig. 1) (Roth does not explicitly state whether the tube is pressurized but in order to avoid the hydraulic liquid from the internal cavity leaking into the tube and to enable the movement of the sensor element, it is necessary for the tube to be pressurized, no matter how small the value of that pressure is. Paragraph 0047 also teaches of the pressure sensor 23 for the pressure inside of the cylinder 2, which is acting on all the components. It is at least implicitly taught that the tube is pressurized),
a sensor element (fig. 1, ¶0046, waveguide 18) extending within the pressure tube (seen in fig. 1), and
a magnet (magnet 20) positioned between the piston head and the proximal end of the piston (seen in fig. 1).
Regarding claim 3, Roth teaches of claim 1, and wherein (fig. 1) the magnet (20) is a hollow cylinder radially disposed about the pressure tube (19) (¶0046, for magnet 20 to be arranged around the piston 4 and the pressure tube 19, the magnet has to be a hollow cylinder radially disposed about the pressure tube).
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 2 is rejected under 35 U.S.C. 103 as being unpatentable over Roth in view of Shen et al. (CN 201747694), hereinafter Shen.
Regarding claim 2, Roth teaches of claim 1, but does not appear to teach of further comprising a first magnet spacer positionally proximate the magnet at a first face of the magnet and a second magnet spacer positionally proximate the magnet at a second face of the magnet.
Shen teaches of (fig. 1) further comprising a first magnet spacer (magnetic ring base 2-4) positionally proximate the magnet (magnet ring 4) at a first face of the magnet (seen in fig. 1) and a second magnet spacer (pressure plate 2-5) positionally proximate the magnet at a second face of the magnet (seen in fig. 1).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Roth to incorporate the teachings of Shen of further comprising a first magnet spacer positionally proximate the magnet at a first face of the magnet and a second magnet spacer positionally proximate the magnet at a second face of the magnet in order to manage magnetic forces, ensure structural integrity, and protect the magnetic properties of the materials involved.
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Roth in view of Yang et al. (CN 115557437), hereinafter Yang.
Regarding claim 4, Roth teaches of claim 3, but does not appear to teach of wherein the magnet is positioned between an internal face of the piston head and a proximal face of the cylinder.
Yang teaches of (fig. 6) wherein the magnet (magnet 115c) is positioned between an internal face of the piston head (head of piston rod 111c) and a proximal face (left end in fig. 6) of the cylinder (cylinder body 111a) (seen in fig. 6).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Roth to incorporate the teachings of Yang of wherein the magnet is positioned between an internal face of the piston head and a proximal face of the cylinder in order to compact components together to save space and control the magnetic field closer to the piston.
Claims 5 and 7 are rejected under 35 U.S.C. 103 as being unpatentable over Roth as applied to claim 4 above, and further in view of Shen et al. (CN 201297304), hereinafter Shen.
Regarding claim 5, Roth teaches of claim 4, but does not appear to teach of further comprising:
a retention plate having a first face positionally proximate the proximal face of the cylinder;
a first spacer having a first spacer face positionally proximate a second face of the retention plate and a second spacer face of the first spacer positionally proximate a first magnet face of the magnet; and
a second spacer having a third spacer face positionally proximate a second magnet face of the magnet.
Shen teaches of (fig. 1) a retention plate (base bottom 1-1) having a first face positionally proximate the proximal face of the cylinder (cylinder 1) (seen in fig. 1);
a first spacer (magnetic ring base 2-4) having a first spacer face (left side) positionally proximate a second face of the retention plate (1-1) (seen in fig. 1) and a second spacer face of the first spacer (right face) positionally proximate a first magnet face of the magnet (4) (seen in fig. 1); and
a second spacer (pressure plate 2-5) having a third spacer face (left side) positionally proximate a second magnet face of the magnet (seen in fig. 1).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Roth to incorporate the teachings of Shen of further comprising: a retention plate having a first face positionally proximate the proximal face of the cylinder;
a first spacer having a first spacer face positionally proximate a second face of the retention plate and a second spacer face of the first spacer positionally proximate a first magnet face of the magnet; and
a second spacer having a third spacer face positionally proximate a second magnet face of the magnet in order to manage magnetic forces, ensuring structural integrity, and protect the magnetic properties of the materials involved.
Regarding claim 7, Roth teaches of claim 5, but does not appear to teach of wherein a fourth spacer face of the second spacer is positionally proximate an internal face of the piston head.
Shen teaches of wherein a fourth spacer face (right face) of the second spacer (2-5) is positionally proximate an internal face of the rod head (positioned proximately to an internal face of the plunger plate head 2-2).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Roth to incorporate the teachings of Shen of wherein a fourth spacer face of the second spacer is positionally proximate an internal face of the rod head, piston head or any moving component in the cylinder in order to protect the piston head from the magnetic forces of the magnet and provide structural integrity by the piston head.
Claims 6 is rejected under 35 U.S.C. 103 as being unpatentable over Roth as applied to claim 5 above, and further in view of Ferran (US 5396803).
Regarding claim 6, Roth teaches of claim 5, but does not appear to teach of further comprising a wave washer having a first washer face positionally proximate a fourth spacer face of the second spacer, and a second washer face positionally proximate an internal face of the piston head.
Ferran teaches of (fig. 3) further comprising a wave washer (wave washer 162) having a first washer face (left face) positionally proximate a fourth spacer face (right face of thrust ring 161) of the second spacer (161), and a second washer face (right face) positionally proximate an internal face of the rod head (fig. 4, positioned proximately to an internal face of the rod conductors 192, 196).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Roth to incorporate the teachings of Ferran of further comprising a wave washer having a first washer face positionally proximate a fourth spacer face of the second spacer, and a second washer face positionally proximate an internal face of the rod head, or piston head, or any position in the cylinder in order to absorb stress due to axial compressive loads, acting as a cushion.
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Roth in view of Shi et al. (CN 201747694), hereinafter Shi.
Regarding claim 8, Roth teaches of claim 1, but does not appear to teach of wherein the sensor element is magnetorestrictive wire.
Shi teaches of wherein the sensor element is magnetorestrictive wire (fig. 5, magnetostrictive displacement sensor 30).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Roth to incorporate the teachings of Shi of wherein the sensor element is magnetorestrictive wire in order to have highly accurate non-contact position sensing with no wear on the sensing element.
Conclusion
The cited references made of record in the contemporaneously filed PTO-892 form and not relied upon in the instant office action are considered pertinent to applicant's disclosure, and may have one or more of the elements in Applicant’s disclosure and at least claim 1.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ZOE TRAN whose telephone number is (571)272-8530. The examiner can normally be reached M-Th 7:30am-6pm EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kimberly Berona can be reached at 571-272-6909. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ZOE TAM TRAN/ Examiner, Art Unit 3647
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