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 .
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.
Claim Objections
Claims 1, 2, 4-6, and 8-12 are objected to because of the following informalities:
In regards to claim 1, lines 1 and 2, the phrase “An electronic cylinder insertable and actionable by an electronic key” should be changed to “An electronic cylinder actionable by an electronic key insertable into the electronic cylinder.”
In regards to claim 2, line 7, the phrase “means of” should be removed.
In regards to claim 4, line 3, the phrase “a rocker connected to the motor, configured to rotate” should be changed to “a rocker connected to the motor and configured to rotate,” in line 9, the phrase “inserted with clearance into said opening; wherein said first section is inserted externally” should be changed to “located with clearance in said inner opening; wherein said first section is located externally,” in line 10, the word “into” should be changed to “in,” in lines 12 and 13, the phrase “a radial through hole wherein the locking ball is inserted with clearance” should be changed to “at least one radial through hole, wherein the at least one locking ball is located, with clearance, in the at least one radial through hole,” and in line 16, the phrase “a closed position” should be changed to “a closed state.”
In regards to claim 5, line 2, the phrase “the radial opening” should be changed to “the at least one radial opening,” in line 3, the phrase “the radial through hole” should be changed to “the at least one radial through hole,” in line 4, the phrase “the radial opening” should be changed to “the at least one radial opening,” and in lines 4 and 5, the phrase “the radial through hole” should be changed to “the at least one radial through hole.”
In regards to claim 6, lines 2 and 3, the phrase “the locking ball” should be changed to “the at least one locking ball,” in line 3, the phrase “the concavity” should be changed to “the at least one concavity,” in line 4, the phrase “the radial opening” should be changed to “the at least one radial opening,” in line 6, the phrase “the locking ball” should be changed to “the at least one locking ball,” and in line 7, the phrase “the concavity” should be changed to “the at least one concavity.”
In regards to claim 8, line 1, the word “where” should be changed to “wherein,” and in line 3, the phrase “the rotation” should be changed to “a rotation.”
In regards to claim 9, line 3, the phrase “an actuator disk” should be changed to “an actuator disc” and the word “and” should be inserted between the phrase “to the rocker arm” and the word “configured,” in line 4, the phrase “the shaft of the motor” should be changed to “a shaft of the motor,” and in line 6, the word “and” should be inserted between the phrase “on the actuator disc” and the word “configured.”
In regards to claim 10, the claim should read as follows: “wherein the at least one locking ball comprises two locking balls, the at least one radial opening comprises two radial openings, wherein the at least one concavity comprises two concavities, wherein each of the two locking balls is located in each of the two radial through holes of the rotor supplement, wherein each of the two radial openings is associated with each of the two locking balls, and wherein a part of each of the two locking balls is located in a tight manner in each of the two concavities in the closed state of the electronic cylinder.”
In regards to claim 11, line 3, the phrase “the locking ball” should be changed to “the at least one locking ball.”
In regards to claim 12, line 4, the phrase “the stator body of the lock by means of” should be changed to “the stator body by,” in line 6, the word “and” should be inserted after the phrase “a hole in the stator body,” and in line 10, the phrase “the electric cylinder” should be changed to “the electronic cylinder.”
Appropriate correction is required.
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 1-12 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.
In regards to claim 1, the phrase “An electronic cylinder insertable and actionable by an electronic key” suggests that the cylinder is insertable into the electronic key, when it is understood from the specification that the key is insertable into the cylinder, and will be examined as such. See claim objections above.
In regards to claim 2, it is unclear what structure is encompassed by the field transmitter. Specifically, the specification and the claim discuss that the field emitted by the position detection magnet is channeled to the magnetic sensor by the field transmitter, however, a field transmitter is known in the art to be an electronic device that converts magnetic field data detected by a sensor into a standard signal, suggesting that the field transmitter is between the sensor and a controller and not the sensor and the magnet. For examination purposes, the claim will be given a broad interpretation.
In regards to claim 4, the phrase “the rocker arm is inserted with clearance into said opening; wherein said first section is inserted externally” suggests a method of assembly, however, the claim is a structural claim drawn to the electronic cylinder in an assembled state. For examination purposes, the phrase will be examined as reciting that the rocker arm is located with clearance in the opening and that the first section is located externally. See claim objections above.
In regards to claim 4, it is unclear how the device includes a single radial through hole, when it is understood from the specification that the device includes the same number of locking balls as radial through holes and since the claim recites “at least one locking ball,” then the claim must also recite “at least one radial through hole.” Furthermore, it is unclear into what structure the at least one locking ball is inserted with clearance. It is understood from the specification that the at least one locking ball is located in the at least one radial hole with clearance, and will be examined as such. For examination purposes, the claim will be examined as reciting “at least one radial through hole.” See claim objections above.
In regards to claim 4, it is unclear how the electronic cylinder has a specific closed position, when the various components of the electronic cylinder have various positions that make up this “closed position.” For examination purposes, the claim will be examined as reciting that the electronic cylinder has a closed state. See claim objections above.
Claim 8 recites the limitation "the rotation" in line 3. There is insufficient antecedent basis for this limitation in the claim. See claim objections above.
Claim 9 recites the limitation "the shaft" in line 4. There is insufficient antecedent basis for this limitation in the claim. See claim objections above.
In regards to claim 10, it is unclear how many locking balls applicant intends to claim since claim 4 recites “at least one locking ball” and claim 10 recites “two locking balls,” which suggests that the electronic cylinder includes at least three locking balls, which is not supported by the specification. It is understood from the specification that the “at least one locking ball” of claim 4 comprises the “two locking balls” of claim 10, and will be examined as such. See claim objections above.
In regards to claim 10, it is unclear how many radial through holes applicant intends to claim since claim 4 recites “at least one radial through hole” and claim 10 recites “two radial through holes,” which suggests that the electronic cylinder includes at least three radial through holes, which is not supported by the specification. It is understood from the specification that the “at least one radial through hole” of claim 4 comprises the “two radial through holes” of claim 10, and will be examined as such. See claim objections above.
In regards to claim 10, it is unclear how many radial openings applicant intends to claim since claim 4 recites “at least one radial opening” and claim 10 recites “two radial openings,” which suggests that the electronic cylinder includes at least three radial openings, which is not supported by the specification. It is understood from the specification that the “at least one radial opening” of claim 4 comprises the “two radial openings” of claim 10, and will be examined as such. See claim objections above.
In regards to claim 10, it is unclear how many concavities applicant intends to claim since claim 4 recites “at least one concavity” and claim 10 recites “two concavities,” which suggests that the electronic cylinder includes at least three concavities, which is not supported by the specification. It is understood from the specification that the “at least one concavity” of claim 4 comprises the “two concavities” of claim 10, and will be examined as such. Furthermore, it is unclear in what state of the electronic cylinder the part of each of the two locking balls is located in a tight manner in each of the two concavities. It is understood from the specification that a part of each of the two locking balls is located in a tight manner in each of the two concavities when the electronic cylinder is in the closed state, as recited in claim 4, and will be examined as such. See claim objections above.
In regards to claim 12, line 4, it is unclear what structure applicant considers as the “lock,” since this term is not used in claim 1. For examination purposes, the claim will be examined without the phrase “of the lock” since claim 1 already sets forth that the stator body is part of the electronic cylinder. See claim objections above.
In regards to claims 3, 5-7, and 11, these claims are rejected under 35 U.S.C. 112(b) because they depend from claim 1.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 1 and 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Pechmann et al. (DE 102004047980 B3) in view of Schwerdt (DE 4404914 A1).
In regards to claim 1, Pechmann et al. discloses an electronic cylinder actionable by an electronic key that is insertable into the electronic cylinder (electronic key or electronically legitimized key 7, Paragraph 27 of the Computer Generated Translation), wherein the electronic cylinder comprises: a stator body 15; an electromagnet 15 actionable by the electronic key (Paragraph 27 of the Computer Generated Translation), with the electromagnet affecting linear movement of component 18; a rotor 5 configured to rotate with respect to the stator body; a clutch mechanism 18, 27 configured to lock and unlock the rotation of the rotor with respect to the stator body by actuating the electromagnet; and a system for detecting rotation of the rotor 30 with respect to the stator body, wherein said system is configured to deactivate the electromagnet when the rotor rotates with respect to the stator body (deactivated when magnets 31 and 32 are not cooperating and not detected by sensor 33, instance before magnet 31 has been detected by the sensor 33, Paragraph 27 of the Computer Generated Translation). Pechmann et al. fails to disclose that the electronic cylinder utilizes a motor in place of the electromagnet. Schwerdt teaches the use of motors and electromagnets as interchangeable to affect linear movement of a component (motor 442 and electromagnet 42 being used as alternatives to affect linear movement of components 444 and 46). It would have been obvious to one of ordinary skill in the art before the effective filing date of applicant’s invention to utilize a motor instead of the disclosed electromagnet, with reasonable expectation of success, since motors and electromagnets are equivalent for their used in the electronic actuation art and the selection of any of these known equivalents to linearly move a component would be within the level of ordinary skill in the art.
In regards to claim 12, Pechmann et al. discloses a pin locking, key insertion and key removal mechanism (Figure 1), wherein said mechanism comprises at least: an upper pin (see Figure 1 below) connected to the stator body by a compression spring (see Figure 1 below), wherein said compression spring and the upper pin are housed in a hole in the stator body (see Figure 1 below); and a lower pin (see Figure 1 below) which, in a position for inserting and removing the key, rests on the upper pin (Figure 1); wherein said lower pin is movable in the direction of the hole in the stator body in which the upper pin is located when said key is inserted in or removed from the electronic cylinder (Figure 1).
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Claim(s) 2 and 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Pechmann et al. (DE 102004047980 B3) in view of Schwerdt (DE 4404914 A1) as applied to claims 1 and 12 above, and further in view of Zhu et al. (CN 109025517 A).
In regards to claim 2, Pechmann et al. in view of Schwerdt teaches that the system for detecting rotation of the rotor comprises: a position detection magnet 31 (Pechmann et al.) located in the rotor; a field transmitter (opening or channel shown in Figure 7 below) located in the stator body; and a magnetic sensor 33 (Pechmann et al.) located in the stator body, configured to detect the magnetic field emitted by the position detection magnet and channelled to the magnetic sensor by the field transmitter (the field transmitter providing the structure through which the magnetic field moves to the sensor, Figure 4 of Pechmann et al.); wherein the magnetic sensor is electronically connected to the motor; wherein said motor is configured to be deactivated when the magnetic sensor detects a change in the position of the position detection magnet with respect to the magnetic sensor (detects a change in position by not being affected by the magnetic field of the magnet when the magnet is not in range of the sensor, Paragraph 27 of the Computer Generated Translation). Pechmann et al. fails to disclose that the position detection magnet is in the stator body and that the field transmitter and the magnetic sensor are located in the rotor. Zhu et al. teaches a position detection magnet 31 located in a stator body 18 that cooperates with a magnetic sensor 21 located in a rotor 11, 20 (Figure 10). It would have been obvious to one of ordinary skill in the art before the effective filing date of applicant’s invention to locate the position detection magnet in the stator body and to locate the magnetic sensor, and its associated field transmitter, in the rotor, with reasonable expectation of success, since the position detection magnet would still cooperate with the magnetic sensor.
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In regards to claim 3, Pechmann et al. in view of Schwerdt teaches that the system for detecting rotation of the rotor is configured to deactivate the motor when the magnetic sensor detects a decrease in the magnetic field emitted by the position detection magnet (detects a decrease in the magnetic field, when the magnet is not located close to the sensor, by not being fully affected by the magnet), and to activate said motor when the magnetic sensor detects an increase in the magnetic field emitted by the position detection magnet (detects an increase when the magnet is located close to the sensor, so as to close the circuit and activate the motor, Paragraph 27 of the Computer Generated Translation of Pechmann et al.).
Claim(s) 1-8 and 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zhu et al. (CN 109025517 A) in view of Makivic (WO 92/22720 A1)
In regards to claim 1, Zhu et al. discloses an electronic cylinder actionable by an electronic key that is insertable into the electronic cylinder (Paragraph 35 of the Computer Generated Translation), wherein the electronic cylinder comprises: a stator body 18; a motor 14 actionable by the electronic key (Paragraph 35 of the Computer Generated Translation); a rotor 11, 17 configured to rotate with respect to the stator body; a clutch mechanism (Figures 3-5 and 191) configured to lock and unlock the rotation of the rotor with respect to the stator body by actuating the motor; and a system for detecting rotation of the rotor 21, 31 with respect to the stator body, with the system being electrically coupled with the motor. Zhu et al. fails to specify that the system is configured to deactivate the motor when the rotor rotates with respect to the stator body. Makivic teaches a system for detecting rotation of a rotor 12 with respect to a stator body 15, with the system controlling deactivation of a motor 8 when the rotor rotates with respect to the stator body (Paragraphs 12 and 15 of the Computer Generated Translation). It would have been obvious to one of ordinary skill in the art to specify that the system for detecting of Zhu et al. is utilized to control the motor, such as deactivating the motor, with reasonable expectation of success, in order to enhance the automation of the controlling of the motor.
In regards to claim 2, Zhu et al. in view of Makivic teaches that the system for detecting rotation of the rotor comprises: a position detection magnet 31 (Zhu et al.) located in the stator body; a field transmitter (housing for sensor 21, Figure 10 of Zhu et al.) located in the rotor; and a magnetic sensor 21 (Zhu et al.) located in the rotor, configured to detect the magnetic field emitted by the position detection magnet and channelled to the magnetic sensor by the field transmitter (channelled by the field transmitter by the structure of the field transmitter holding and locating the magnetic sensor such that the sensor can cooperate with the magnet, Figure 10 of Zhu et al.); wherein the magnetic sensor is electronically connected to the motor, wherein said motor is configured to be deactivated when the magnetic sensor detects a change in the position of the position detection magnet with respect to the magnetic sensor (Paragraphs 63-68 of the Computer Generated Translation of Zhu et al. and Paragraphs 12 and 15 of the Computer Generated Translation of Makivic).
In regards to claim 3, Zhu et al. in view of Makivic teaches that the system for detecting rotation of the rotor is configured to deactivate the motor when the magnetic sensor detects a decrease in the magnetic field emitted by the position detection magnet (detects a decrease in the magnetic field, when the magnet is not located close to the sensor, by not being fully affected by the magnet), and to activate said motor when the magnetic sensor detects an increase in the magnetic field emitted by the position detection magnet (detects an increase when the magnet is located close to the sensor, so as to activate the motor, Paragraphs 63-68 of the Computer Generated Translation of Zhu et al. and Paragraphs 12 and 15 of the Computer Generated Translation of Makivic).
In regards to claim 4, Zhu et al. discloses that the clutch mechanism comprises: a rocker arm 16 connected to the motor and configured to rotate between a locked position (Figure 8) and an unlocked position (Figure 9), wherein said rocker arm comprises at least one radial opening 163, 164; and at least one locking ball 191; wherein the rotor comprises a rotor supplement 17 comprising: a first section (section in which the at least one ball 191 cooperates with the rotor supplement, Figures 8 and 9) comprising an inner opening (opening in which rocker arm 16 is located, Figures 8 and 9), wherein the rocker arm is located with clearance in said inner opening; wherein said first section is located externally (Figures 8 and 9), with clearance, and concentrically (Figures 8 and 9), in an inner cavity of the stator body of the electronic cylinder (cavity in which the first section of the rotor supplement is located in Figures 8 and 9); and at least one radial through hole (see Figure 8 below), wherein the at least one locking ball is located in the at least one radial through hole with clearance (Figure 8); wherein the inner cavity of the stator body, in which the first section of the rotor supplement is located, comprises at least one concavity 189 in which a part of the at least one locking ball is located when the rotor supplement is in a closed state of the electronic cylinder (Figure 8).
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In regards to claim 5, Zhu et al. discloses that the rocker arm is in the locked position when the at least one radial opening is radially misaligned with respect to the at least one radial through hole of the rotor supplement (Figure 8) and is in the unlocked position when the at least one radial opening is radially aligned with the at least one radial through hole of the rotor supplement (Figure 9).
In regards to claim 6, Zhu et al. discloses that with the rocker arm in the unlocked position, the at least one ball is configured to be removed from the at least one concavity of the stator body and to be inserted in the at least one radial opening of the rocker arm, when the rotor rotates with respect to the stator body (movement from Figure 8 to Figure 9); and wherein with the rocker arm in the locked position, the at least one locking ball is inserted in the at least one concavity of the stator body configured to lock the rotation of the rotor with respect to the stator body (Figure 8).
In regards to claim 7, Zhu et al. discloses that the rotor comprises a rotor head 11 comprising the motor and the clutch mechanism (Figure 1), wherein the rotor head and the rotor supplement are connected (Figure 1).
In regards to claim 8, Zhu et al. discloses that the rotor supplement comprises a second section 174 attached to a cam (Paragraph 47 of the Computer Generated Translation and as known in the art), wherein said cam is configured to rotate, with respect to the stator body, integrally with a rotation of the rotor supplement (Paragraph 47 of the Computer Generated Translation).
In regards to claim 10, Zhu et al. discloses that the at least one locking ball comprises two locking balls (Figure 1), the at least one radial opening comprises two radial openings (Figure 8), wherein the at least one concavity comprises two concavities (Figure 8), wherein each of the two locking balls is located in each of the two radial through holes of the rotor supplement, wherein each of the two radial openings is associated with each of the two locking balls, and wherein a part of each of the two locking balls is located in a tight manner in each of the two concavities in the closed state of the electronic cylinder (Figure 8).
Claim(s) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zhu et al. (CN 109025517 A) in view of Makivic (WO 92/22720 A1) as applied to claims 1-8 and 10 above, and further in view of Yao et al. (CN 110107165 A). Zhu et al. discloses that the clutch mechanism comprises: an actuator disc 15 connected to the motor and to the rocker arm and configured to transfer the rotation of a shaft of the motor to the rocker arm when the motor is actuated, with the motor rotating the actuator disc to rotate the rocker arm between the unlocked and locked positions (Figures 8 and 9), but fails to disclose a recovery spring assembly on the actuator disc and configured to rotate said actuator disc in a direction of rotation opposite the rotation of the motor and to rotate the rocker arm from the unlocked position to the locked position. Yao et al. teaches the use of a recovery spring assembly 19 between a motor 8 and an actuator disc 5, such that the recovery spring assembly resets the actuator disc back to an original position (Paragraphs 16 and 17 of the Computer Generated Translation). It would have been obvious to one of ordinary skill in the art before the effective filing date of applicant’s invention to include a recovery spring assembly on the actuator disc of Zhu et al., with reasonable expectation of success, since it is known in the art to utilize springs between components to be rotated and a motor, so as to relieve stress on and use of the motor to return the component back to an original position.
Allowable Subject Matter
Claim 11 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.
The following is a statement of reasons for the indication of allowable subject matter: Although the references of record show some features similar to those of applicant’s device, the prior art fails to teach or make obvious the invention of claim 11.
In regards to claim 11, Zhu et al. (CN 109025517 A) fails to disclose at least one recovery magnet attached to the stator body configured to attract the at least one locking ball, made of a magnetic material, to the at least one concavity of the inner cavity of the stator body. The examiner can find no motivation to modify the device of Zhu et al. without employing improper hindsight reasoning and without destroying the intended structure and operation of the device.
Conclusion
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/ALYSON M MERLINO/Primary Examiner, Art Unit 3675 October 16, 2025