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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 09/09/2024 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the IDS is being considered by the examiner.
Foreign Priority
Receipt is acknowledged of papers submitted under 35 U.S.C. 119(a)-(d), which papers have been placed of record in the file.
Claims Objections
Claims 12, 14, 16 – 18, 23, 25 – 30, and 32 are objected to under 37 CFR 1.75(c) as being in improper form because a multiple dependent claim cannot depend from any other multiple dependent claim. See MPEP § 608.01(n). Accordingly, claims 12, 14, 16 – 18, 23, 25 – 30, and 32 have not been further treated on the merits.
Since claims 13 and 22 are dependent upon objected claim 12, claims 13 and 22 are similarly objected to.
Since claim 15 are dependent upon objected claim 14, claim 15 is similarly objected to.
Since claim 19 is dependent upon objected claim 18, claim 19 is similarly objected to.
Since claim 24 is dependent upon objected claim 23, claim 24 is similarly objected to.
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.
Claims 1 and 4 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1 and 9 of copending Application No. 18/828,215 (reference application). Although the claims at issue are not identical, they are not patentably distinct from each other because the table below presents a comparison between the claim limitations of the instant application with corresponding claim limitations of the reference U. S. application. The bold-faced type identifies claim limitation language which is common to both the instant application and the reference U. S. application.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Application No. 18/828,215
Instant Claim
A detection device for vehicles comprising:
a base section fixed to a body of a vehicle; and
a bearing having an outer ring member, an inner ring member, and rolling elements disposed between the outer ring member and the inner ring member, the bearing rotatably supporting a wheel of the vehicle against the base section;
wherein a first bearing member of the outer ring member and the inner ring member is fixed to the wheel, and
a second bearing member of the outer ring member and the inner ring member is fixed to the base section;
the detection device for vehicles further comprising:
a disk-shaped rotating section for detection that is disposed to rotate integrally with the first bearing member and extends radially outward of the bearing with respect to the first bearing member; and
a displacement detection section that is disposed in a non-contact state with the rotating section for detection at a position of the base section that is distant from the bearing in the radial direction and opposite to the rotating section for detection in the axial direction of the bearing and that outputs a signal in response to an axial displacement of the rotating section for detection.
1. A detection apparatus comprising:
a base part; and
a bearing configured to support a rotating object rotatably with respect to the base part, the bearing having an outer ring member, an inner ring member, and rolling elements provided between the outer ring member and the inner ring member,
wherein a first bearing member, which is one of the outer ring member and the inner ring member, is fixed to the rotating object, and
a second bearing member, which is the other of the outer ring member and the inner ring member, is fixed to the base part,
the detection apparatus further comprising:
a discoid rotating part for detection provided in such a manner as to rotate together with the first bearing member, the rotating part for detection extending radially outward of the bearing with respect to the first bearing member; and
a displacement detection unit provided at a position in the base part which is radially away from the bearing and faces the rotating part for detection in an axial direction of the bearing, the displacement detection unit being configured to output a voltage signal according to displacement of the rotating part for detection in the axial direction and displacement of the rotating part for detection in a direction perpendicular to the axial direction.
9. The detection device for vehicles according to claim 2, wherein the receiving coil includes:
a first portion that generates a first polarity voltage at both ends of the receiving coil when the excitation voltage is supplied to the excitation coil, and
a second portion that generates a second polarity voltage opposite to the first polarity at both ends of the receiving coil when the excitation voltage is supplied to the excitation coil,
the receiving coil is configured to have:
a configuration in which, in a plan view of the receiving coil, the first portion is disposed on one side and the second portion is disposed on another side with respect to a circumferential center of the receiving coil, and the first portion and the second portion are aligned in the circumferential direction, or
a configuration in which, in a plan view of the receiving coil, the first portion and the second portion on one side and the first portion and the second portion on another side of the receiving coil are symmetrical with respect to the center in circumferential direction, wherein the receiving coil straddles a horizontal axis line passing through a central axis of rotation of the rotating section for detection, and the circumferential center of the receiving coil is displaced vertically from the horizontal axis line.
4. The detection apparatus as set forth in Claim 2, wherein each of the reception coils has:
a first part that generates a voltage of a first polarity between two ends of the reception coil when the excitation voltage is supplied to the excitation coil; and
a second part that generates a voltage of a second polarity, which is opposite to the first polarity, between the two ends of the reception coil when the excitation voltage is supplied to the excitation coil,
each of the reception coils has:
a configuration such that in plan view of the reception coil, the first part is located on one side of a circumferential center of the reception coil, the second part is located on the other side of the circumferential center, and the first part and the second part are aligned in the circumferential direction; or
a configuration such that in plain view of the reception coil, shapes of the first part and the second part on one side of the circumferential center of the reception coil and shapes of the first part and the second part on the other side of the circumferential center are symmetrical with respect to the circumferential center,
circumferential dimensions of the reception coils are equal to each other, and
radial dimensions of the reception coils are also equal to each other.
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 1 is rejected under 35 U. S. C. 102(a)(1) as being anticipated by Tatsuya (JP 2006258572 A).
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Regarding claim 1, Tatsuya discloses a detection apparatus (pages 1 – 3) comprising:
a base part (mounting base, Figure 5, element 3); and
a bearing (bearings, Figure 5, elements 5c) configured to support a rotating object (axle, Figure 5, element 2) rotatably with respect to the base part, the bearing having an outer ring member (Figure 5, element 5b), an inner ring member (Figure 5, element 5a), and rolling elements provided between the outer ring member and the inner ring member,
wherein a first bearing member, which is one of the outer ring member and the inner ring member, is fixed to the rotating object (axle, Figure 5, element 2), and
a second bearing member, which is the other of the outer ring member and the inner ring member, is fixed to the base part,
the detection apparatus (detection portion, Figure 5, element 60) further comprising:
a discoid rotating part (cylindrical hub main body, Figure 5, element 4b) for detection provided in such a manner as to rotate together with the first bearing member, the rotating part for detection extending radially outward of the bearing with respect to the first bearing member; and
a displacement detection unit (displacement detector, Figure 5, element 51) provided at a position in the base part which is radially away from the bearing and faces the rotating part for detection in an axial direction of the bearing, the displacement detection unit being configured to output a voltage signal according to displacement of the rotating part for detection in the axial direction and displacement of the rotating part for detection in a direction perpendicular to the axial direction (pages 3 and 4).
Allowable Subject Matter
Claims 2, 3, 5 - 11, 20, 21, 31 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Regarding claims 2, 3, 5 - 11, 20, 21, 31, the prior art made of record neither shows nor suggests the claimed limitations.
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to WARREN K FENWICK whose telephone number is (571)270-3040. The examiner can normally be reached 10:30 AM to 7:00 PM, Monday through Friday.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Walter L. Lindsay, Jr. can be reached at 571-272-1674. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/WALTER L LINDSAY JR/Supervisory Patent Examiner, Art Unit 2852
WKF
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