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 .
Drawings
The drawings are objected to because Fig. 5C has a box labeled (507), which appears to be in error.
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 § 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.
-(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 141-146, 148, 150-152, 156-157 and 159-160 are rejected under 35 U.S.C. 102(a)(1), 102(a)(2) as being anticipated by Blubaugh, James F. et al. US 20050189937 A1, hereinafter Blubaugh.
Regarding claim 141, Blubaugh discloses (Fig. 1, 5) a cylinder assembly comprising:
a cylinder housing (12) having an internal cavity (44);
a piston (17) positioned at least partially within the internal cavity;
a piston head (34) coupled to the piston at a proximal end (depicted left end) of the piston, the piston head located within the internal cavity;
a pressure tube (50) extending through the piston head and at least a portion of the piston;
a sensor element (49) extending through the pressure tube [0027]; and
a magnet (59) positioned between the piston head and the proximal end of the piston ((59) is depicted as located between (34) and the depicted left end of (17)).
Regarding claim 142, Blubaugh discloses (Fig. 1, 5) the piston (17) is configured to extend and retract within the internal cavity (44) of the cylinder housing ((12), [0024]).
Regarding claim 143, Blubaugh discloses (Fig. 1, 5) the magnet (59) is coupled to the piston head ((34) via (210), [0036]).
Regarding claim 144, Blubaugh discloses (Fig. 1, 5) movement of the magnet (59) along a longitudinal axis of the sensor element (49) causes the sensor element to generate a signal [0030].
Regarding claim 145, Blubaugh discloses (Fig. 1, 5) a system comprising
the cylinder assembly of claim 144 and
a processor (54) configured to:
receive the signal;
determine a position of the magnet in relation to the sensor element based on the signal; and
determine a position of a distal end of the piston based on the determined position of the magnet [0030-0031, 0002].
Regarding claim 146, Blubaugh discloses (Fig. 1, 5) further comprising a user interface (“control center, such as an electronic control module (ECM)”, wherein the processor is further configured to cause the user interface to display the determined position of the distal end of the piston [0002, 0030].
Regarding claim 148, Blubaugh discloses (Fig. 1, 5) the sensor element (49) comprises a magnetorestrictive material [0029].
Regarding claim 150, Blubaugh discloses (Fig. 1, 5) the magnet is radially disposed about the pressure tube [0029].
Regarding claim 151, Blubaugh discloses (Fig. 1, 5) the magnet is positioned proximate the sensor element such that a magnetic field of the magnet may induce a strain pulse through the sensor element [0029-0031].
Regarding claim 152, Blubaugh discloses (Fig. 1, 5) the piston and the cylinder housing are fluidly coupled, the piston further comprising a fluid-tight seal (36) such that the fluid-tight seal separates an inner volume of the piston from an inner volume of the internal cavity of the cylinder housing [0026].
Regarding claim 156, Blubaugh discloses (Fig. 1, 5) further comprising a position sensor (52) coupled to the cylinder housing and configured to receive an indication of a mechanical strain pulse from the sensor element [0027, 0030-0031].
Regarding claim 157, Blubaugh discloses (Fig. 1, 5) the position sensor is a magnetorestrictive position sensor [0029].
Regarding claim 159, Blubaugh discloses (Fig. 1, 5) further comprising a position sensor (52), wherein the position sensor is an induction pickup coil and wherein the sensor element extends through the position sensor [0027, 0030-0031].
Regarding claim 160, Blubaugh discloses (Fig. 1, 5) further comprising:
a retention plate (210) positionally coupled to the piston at the proximal end of the piston;
a first magnet spacer (228) positioned intermediate the retention plate and the magnet; and
a second magnet spacer (222) positioned intermediate the magnet and a wave washer (216),
wherein the wave washer is a compressible spacer.
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 of this title, 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.
Claims 147 and 158 are rejected under 35 U.S.C. 103 as being unpatentable over Blubaugh in view of SHIN, SANG DO et al. WO 2022065701 A1, hereinafter Shin. The references is/are considered analogous art to the claimed invention because the references is/are from the same field of endeavor as the claimed invention (fluid actuators); or the references is/are reasonably pertinent to the problem faced by the inventor (detecting piston position). MPEP2141.01(a) I.
Regarding claim 147, Blubaugh discloses the claimed invention substantially as claimed, as set forth above for Claim 141 except fails to explicitly state that the sensor element is comprises a semiconductor material. Instead, Blubaugh discloses a generic material.
Shin discloses (Fig. 8-9) a cylinder assembly comprising:
a cylinder housing (11) having an internal cavity (depicted cavity therein);
a piston (12) positioned at least partially within the internal cavity;
a piston head (depicted left portion of (12)) coupled to the piston at a proximal end (depicted left end) of the piston, the piston head located within the internal cavity;
a sensor element (14); and
a magnet (13);
wherein the sensor element (49) comprises a semiconductor material [0003];
One of ordinary skill in the art could have substituted one known element (semiconductor material) for another (generic material), and the results of the substitution (generation of a piston position signal) would have been predictable. Because both Blubaugh and Shin teach sensor elements comprised of a material, it would have been obvious to one skilled in the art to substitute semiconductor material for the generic material to achieve the predictable result of generation of a piston position signal.
Regarding claim 158, Blubaugh discloses the claimed invention substantially as claimed, as set forth above for Claim 156 except fails to explicitly state that the position sensor is a Hall effect sensor. Instead, Blubaugh discloses a generic material.
Shin discloses (Fig. 8-9) a cylinder assembly comprising:
a cylinder housing (11) having an internal cavity (depicted cavity therein);
a piston (12) positioned at least partially within the internal cavity;
a piston head (depicted left portion of (12)) coupled to the piston at a proximal end (depicted left end) of the piston, the piston head located within the internal cavity;
a sensor element (14); and
a magnet (13);
wherein the sensor element (49) comprises a semiconductor material/Hall effect sensor [0003];
One of ordinary skill in the art could have substituted one known element (semiconductor material/hall effect sensor) for another (generic material), and the results of the substitution (generation of a piston position signal) would have been predictable. Because both Blubaugh and Shin teach sensor elements comprised of a material, it would have been obvious to one skilled in the art to substitute semiconductor material/hall effect sensor for the generic material to achieve the predictable result of generation of a piston position signal.
Claim 149 is rejected under 35 U.S.C. 103 as being unpatentable over Blubaugh in view of Keller; Rene US 5318616 A, hereinafter Keller. The references is/are considered analogous art to the claimed invention because the references is/are from the same field of endeavor as the claimed invention (fluid actuators); or the references is/are reasonably pertinent to the problem faced by the inventor (detecting piston position). MPEP2141.01(a) I.
Regarding claim 149, Blubaugh discloses the claimed invention substantially as claimed, as set forth above for Claim 148 except fails to explicitly state that the magnetorestrictive material is one of Terfenol-D, Metglas 2605SC, cobalt ferrite, nickel, or Galfenol. Instead, Blubaugh discloses a generic material.
Keller discloses (Fig. 1-3) a cylinder assembly comprising:
a cylinder housing (8) having an internal cavity (depicted cavity therein);
a piston (6) positioned at least partially within the internal cavity;
a piston head (4) coupled to the piston at a proximal end (depicted bottom end) of the piston, the piston head located within the internal cavity;
a pressure tube (24) extending through the piston head and at least a portion of the piston;
a sensor element (26) extending through the pressure tube (Col 2 Ln 37-39); and
a magnet (27);
wherein the sensor element (49) comprises a magnetorestrictive material [0029];
wherein the magnetorestrictive material is one of Terfenol-D, Metglas 2605SC, cobalt ferrite, nickel, or Galfenol (Col 2 Ln 37-39).
One of ordinary skill in the art could have substituted one known element (nickel) for another (generic magnetorestrictive material), and the results of the substitution (generation of a torsional strain wave) would have been predictable. Because both Blubaugh and Keller teach sensor elements comprised of a magnetorestrictive material, it would have been obvious to one skilled in the art to substitute nickel for the generic magnetorestrictive material to achieve the predictable result of generation of a torsional strain wave.
Claims 153 and 154 are rejected under 35 U.S.C. 103 as being unpatentable over Blubaugh in view of Beuth; Bernd et al. US 7520208 B2, hereinafter Beuth. The references is/are considered analogous art to the claimed invention because the references is/are from the same field of endeavor as the claimed invention (fluid actuators); or the references is/are reasonably pertinent to the problem faced by the inventor (detecting piston position). MPEP2141.01(a) I.
Regarding claim 153, Blubaugh discloses the claimed invention substantially as claimed, as set forth above for Claim 152 except fails to explicitly state that the cylinder assembly further comprising a valve block coupled to the cylinder housing and configured to selectively port pressurized hydraulic fluid to chambers of the cylinder assembly.
Beuth discloses (Fig. 1) a cylinder assembly comprising:
a cylinder housing (4) having an internal cavity (15/16);
a piston (17) positioned at least partially within the internal cavity;
a piston head (14) coupled to the piston at a proximal end (depicted right end) of the piston, the piston head located within the internal cavity;
a pressure tube (64) extending through the piston head and at least a portion of the piston;
a sensor element (66) extending through the pressure tube (Col 7 Ln 49-62);
a magnet (67); and
a valve block (25/27) coupled to the cylinder housing and configured to selectively port pressurized hydraulic fluid to chambers of the cylinder assembly for the purpose of controlling the drive fluid to the working chambers (15/16, Col 5 Ln 61 - Col 6 Ln 3).
It would have been obvious to one of ordinary skill in the art, at the time the invention was filed, to modify Blubaugh, by providing a valve block, as taught by Beuth, for the purpose of controlling the drive fluid to the working chambers.
Regarding claim 154, Beuth discloses (Fig. 1) the valve block (25/27) comprises a lid (36) removable to allow access the sensor element (Fig. 3).
Claim 155 is rejected under 35 U.S.C. 103 as being unpatentable over Blubaugh in view of HENDRIX GOTTFRIED DE 102019202883 A1, hereinafter Hendrix. The references is/are considered analogous art to the claimed invention because the references is/are from the same field of endeavor as the claimed invention (fluid actuators); or the references is/are reasonably pertinent to the problem faced by the inventor (detecting piston position). MPEP2141.01(a) I.
Regarding claim 155, Blubaugh discloses the claimed invention substantially as claimed, as set forth above for Claim 141 except fails to explicitly state that the cylinder assembly further comprising a plug coupled to a distal end of the pressure tube, wherein the plug includes one or more threads configured to engage with corresponding threads on the pressure tube.
Hendrix discloses (Fig. 3, 7) a cylinder assembly comprising:
a cylinder housing (50) having an internal cavity (16);
a piston (12) positioned at least partially within the internal cavity;
a piston head (10) coupled to the piston at a proximal end (depicted right end) of the piston, the piston head located within the internal cavity;
a pressure tube (88) extending through the piston head and at least a portion of the piston;
a sensor element (78) extending through the pressure tube [0044];
a magnet (116); and
a plug (118) coupled to a distal end of the pressure tube, wherein the plug includes one or more threads configured to engage with corresponding threads on the pressure tube for the purpose of sealing the end of the pressure tube [0050].
It would have been obvious to one of ordinary skill in the art, at the time the invention was filed, to modify Blubaugh, by providing a plug, as taught by Hendrix, for the purpose of sealing the end of the pressure tube.
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).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claim 141 is provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of copending Application No. 18/813,591. Although the claims at issue are not identical, they are not patentably distinct from each other because claim 1 also comprises a boom assembly.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Relevant Art
The following is a listing of relevant art:
US 20160177982 A1, US 5150049 A, DE 19513967 A1, discloses a cylinder assembly with a similar sensor element.
US 20060285978 A1, US 5952823 A discloses a sensor element comprised of nickel.
US 20030047065 A1 discloses a cylinder assembly with a valve block/lid.
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MATTHEW WIBLIN whose telephone number is (571)272-9836. The examiner can normally be reached on Monday-Friday 8:00 am - 4:00 pm.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, NATHANIEL WIEHE can be reached on 571-272-8648. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/MATTHEW WIBLIN/ Primary Examiner, Art Unit 3745
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