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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 04/07/2026 has been entered.
Response to Amendment
Claims 1-5, 7-11, 13 and 14 remain(s) pending in the application. Applicant's amendments to the Claims are responsive to the rejections previously set forth in the Final Office Action mailed 10/07/2025, hereinafter FOA.
Response to Arguments
Applicant’s arguments, with respect to the rejection(s) of claim(s) 1 under 35 U.S.C. 103 as being unpatentable over HERWIG KARL-WILHELM et al. EP 3957868 A1, hereinafter Herwig, in view of Grünewald; Florian et al. US 20210320463 A1, hereinafter Grunewald, and in further view of LaBair; Richard L. US 4726282 A, hereinafter LaBair, in further view of Beales; Thomas David et al. US 20160356290 A1, hereafter Beales, have been fully considered but are not persuasive. In response to the argument that the modified device of Herwig fails to disclose the limitation: “the positioning and/or alignment element is locked by a locking element from an opposite side of the transverse hole”, the examiner respectfully disagrees. The applicant further argues that “the locking ring 39 and the threaded connection 38 are at the same side of the transverse hole 27”. This argument is being interpreted as meaning that 39 and 38 are at a same end of 27. This statement is true. Locking ring (39) and threaded connection (38) are both located at the open end of transverse hole (27). However, when applying prior art, one must interpret limitations in the broadest reasonable way. The term “from an opposite side of the transverse hole”. The word ‘side’ is a broad term and could be interpreted in a way that does not coincide with the applicants argument(s). What is a ‘side of the transverse hole’? Furthermore, the term ‘an opposite side’ lacks orientation. What other feature of the device is the ‘opposite side’ in relation to? Could it be a radial opposite, or a longitudinal opposite, for example. Furthermore, the applicant argued against the component/threaded connection (38). (38) was not used in rejecting the claim, and it is unclear why the applicant is arguing against that component. In summary, the modified device of Herwig continues to read upon the claim. See rejection below for further details.
Claim interpretation
Claim 13 Ln 3 states the limitation "two housing plugs”. These two housing plugs are to be interpreted as in addition to and/or distinct from the housing plug stated in claim 1 Ln 8 (claim 1 is a parent claim to claim 13).
Claim 14 Ln 7 and states the limitations “a first housing plug… a second housing plug”. This first and second housing plug are to be interpreted as in addition to and/or distinct from the housing plug stated in claim 1 Ln 8 (claim 1 is a parent claim to claim 13).
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(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.
Claim 8 is 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 pre-AIA the applicant regards as the invention.
Claim 8 Ln 6 states the limitation "a locking element”. Claim 1 Ln 18 previously states “a locking element”. It is unclear if the locking element of claim 8 is the same as or distinct from the locking element of claim 1. Therefore, the scope of the claim is indeterminate. For examination, the limitation was interpreted as --[[a]] the locking element--.
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 1-5, 8-11 and 13 are rejected under 35 U.S.C. 103 as being unpatentable over HERWIG KARL-WILHELM et al. EP 3957868 A1, hereinafter Herwig, in view of Grünewald; Florian et al. US 20210320463 A1, hereinafter Grunewald, and in further view of LaBair; Richard L. US 4726282 A, hereinafter LaBair. 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 (piston position sensing in fluid actuated cylinders); or the references is/are reasonably pertinent to the problem faced by the inventor (connecting a piston motion sensor exterior the cylinder). MPEP2141.01(a) I. HERWIG K et al. US 20220057477 A1 is being used as an English language equivalent and is used throughout for referencing
Regarding claim 1, Herwig discloses (Fig. 10-17) a piston-cylinder unit comprising:
a) comprising a cylinder (2) having a cylinder head (4),
b) with a piston (7) axially movable in the cylinder and
c) a piston motion sensor (30), and
d) wherein the piston motion sensor is arranged in a transverse hole (27) of the cylinder head having a longitudinal axis (47), and wherein:
e) the piston motion sensor is connected to a housing plug (37) through a sensor cable (the depicted cables that connect (37) to (34,35)), and
h) a positioning and/or alignment element (29) is supported in the transverse hole in a direction of the longitudinal axis of the transverse hole (as depicted, at least a portion of (29) is abutting (4/27) in such a way to support/prevent movement of (29) along (47)) , and the piston motion sensor is supported on the positioning and/or alignment element in the direction of the longitudinal axis ([0101] states (30) is axially supported on (29) at (38)),
-wherein the positioning and/or alignment element is locked by a locking element (39) [0101] from an opposite side of the transverse hole (this term is broad and it’s not immediately apparent as to what the opposite is in relation to, therefore, under broadest reasonable interpretation, (39) is located at an opposite side in the longitudinal axis from the closed end of the transverse hole).
- a sealing element (43, 44) the transverse hole is hydraulically separated from a pressure chamber (3) of the piston-cylinder unit through the sealing element [0102-0103].
Herwig fails to explicitly state that:
f) the sensor cable (43) is detachably connected to the piston motion sensor (28) and/or the housing plug (44).
Grunewald discloses (Fig. 2-2a) a piston-cylinder unit comprising:
a) a cylinder (7) having a cylinder head (7a),
b) with a piston (9) axially movable in the cylinder and
c) a piston motion sensor (10),
d) wherein the piston motion sensor is arranged in a hole (7c) of the cylinder head having a longitudinal axis (depicted centerline thereof), and wherein:
e) the piston motion sensor is connected to a housing plug (2) through a sensor cable (5);
f) the sensor cable is detachably connected to the piston motion sensor and/or the housing plug [0040].
One of ordinary skill in the art could have applied the known "improvement" technique (providing the sensor cable as detachable from the housing plug) in the same way to the "base" device and the results (providing an electrical connection from the sensor to the exterior of the cylinder) would have been predictable to one of ordinary skill in the art. It would have been obvious to one of ordinary skill in the art to provide the sensor cable as detachable from the housing plug in the device of Herwig to provide an electrical connection from the sensor to the exterior of the cylinder as taught by Grunewald as the is a known technique amongst similar devices ready for improvement.
Herwig further fails to explicitly state that:
g) the housing plug (44) is L-shaped with two angled legs (67, 68), wherein
a leg (68) extends in the transverse hole (27) of the cylinder head (4) and
a leg (67) extends lying externally from the cylinder head (4).
LaBair discloses (Fig. 5) a piston-cylinder unit comprising:
a) comprising a cylinder (28) having a cylinder head (14),
b) with a piston (32) axially movable in the cylinder and
c) a piston motion sensor (196),
d) wherein the piston motion sensor is arranged in a transverse hole (86) of the cylinder head having a longitudinal axis (depicted centerline thereof), and wherein:
e) the piston motion sensor is connected to a housing plug (24); and
g) the housing plug is L-shaped with two angled legs (depicted horizontal and vertical portions), wherein
a leg (depicted vertical portion) extends in the transverse hole of the cylinder head (depicted portion of (24) interfacing with (196)) and
a leg (depicted horizontal portion) extends lying externally from the cylinder head (the horizontal portion is depicted as lying externally from the cylinder head).
One of ordinary skill in the art could have applied the known "improvement" technique (shaping the housing plug in an L-shape) in the same way to the "base" device and the results (providing an electrical connection from the sensor to the exterior of the cylinder) would have been predictable to one of ordinary skill in the art. It would have been obvious to one of ordinary skill in the art to shape the housing plug in an L-shape in the device of Herwig to provide an electrical connection from the sensor to the exterior of the cylinder as taught by LaBair as the is a known technique amongst similar devices ready for improvement.
To further clarify the modification, the exterior portion of Herwig’s plug (37) is oriented parallel to the cylinder centerline or longitudinal axis as taught by LaBair.
Regarding claim 2, the housing plug is detachably connected to the cylinder head (Herwig, Grunewald and LaBair disclose housing plugs as detachably connected to the cylinder head).
Regarding claim 3, LaBair further discloses (Fig. 5) the housing plug (24) has a flange which is screwed to the cylinder head (Col 4 Ln 26-29).
Regarding claim 4, LaBair further discloses (Fig. 4, 5) the flange can be screwed to the cylinder head in different alignments of the housing plug (24) about the longitudinal axis of the transverse hole ((86) is depicted in Fig. 4 as cylindrical and without external obstructions, therefore, LaBair’s flange can be screwed to the cylinder head in different rotational alignments of the housing plug about (86)).
Regarding claim 5, Herwig discloses (Fig. 10-17) a housing plug (37) in the form of a) DIN plug ([0101] states the that plug may be a M12 plug, which is part of the DIN 0627 standard) or b) German plug can be connected to the sensor cable.
Regarding claim 7, Herwig discloses (Fig. 10-17) the transverse hole (27) is a blind drilled hole and the positioning and/or alignment element (42) is supported on a base (47) of the blind drilled hole.
Regarding claim 8, as far as is definite, Herwig discloses (Fig. 10-17)
a) a position of the positioning and/or alignment element (29), in the direction of the longitudinal axis (47) of the transverse hole (27), and/or
b) an alignment of the positioning and/or alignment element, around the longitudinal axis of the transverse hole,
is/are locked by the locking element (39) [0101], wherein the locking element is a screw which extends parallel to the longitudinal axis of the transverse hole or radially to the longitudinal axis of the transverse hole ([0101] identifies component (39) as a threaded element which is interpreted as ‘a screw’, Fig. 12 depicts (39) as extending parallel to the axis (47)).
Regarding claim 9, Herwig discloses (Fig. 10-17) the positioning and/or alignment element (29) and the piston motion sensor (30) abut one another through contact surfaces (32, 33), which restrict or predetermine an alignment of the piston motion sensor relative to the positioning and/or alignment element via a form-fit in a circumferential direction around the longitudinal axis of the transverse bore [0099-0100].
Regarding claim 10, Herwig discloses (Fig. 10-17) the piston motion sensor (30) is retained on the positioning and/or alignment element (29) via a latching connection (such as by (38, 39) [0101]) or a permanent magnet.
Regarding claim 11, as far as is determinate, Herwig discloses (Fig. 10-17) the piston motion sensor (30) has, on the side facing away from the positioning and/or alignment element (29), a disassembly attachment (38) which can be coupled to a disassembly tool in order to apply disassembly forces on the piston motion sensor so as to disassemble the piston motion sensor from the positioning and/or alignment element (as depicted in Fig. 12, and disclosed in [0101], (30) is releasably coupled to (29)),
the disassembly attachment being designed as an internal thread (38) of the piston motion sensor and the internal thread being designed as a threaded insert, which is injected or pressed into a sensor housing of the piston motion sensor.
Regarding claim 13, Herwig discloses (Fig. 10-17) a set comprising;
a) the piston-cylinder unit according to claim 1 (see claim 1 above), and
b) two housing plugs, which
are designed and intended for different purposes of use,
can be inserted into the transverse hole (27), and
can be connected to the piston motion sensor (28) through the sensor cable ( [0101] states at least two housing plugs may be used to connect the sensor such as “M12 plug. However, it could also be a different connection element”, which has been interpreted as any plurality of plugs or plug types may be used depending upon the application).
Allowable Subject Matter
Claim 7 and 14 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.
The following is a statement of reasons for the indication of allowable subject matter:
Regarding claim 7, Herwig discloses the claimed invention substantially as claimed, as set forth above for Claim 6. Herwig further discloses (Fig. 10-17) the transverse bore (27) is a blind-hole bore (depicted as such).
Herwig fails to explicitly state that the positioning and/or alignment element (29) is supported on a floor of the blind-hole bore. Instead, (29) is depicted as having a space between it and the blind-hole bore floor.
The prior art does not anticipate nor render obvious the combination set forth in the claim, and specifically does not show the claimed structural relationship between the blind-hole bore floor and the positioning and/or alignment element. Although Herwig discloses a blind-hole bore floor and a positioning and/or alignment element, there is no teaching in the prior art of record that would, reasonably and absent impermissible hindsight, motivate one having ordinary skill in the art to modify the teachings of Herwig to incorporate the details of the positioning and/or alignment element is supported on a floor of the blind-hole bore, along with the other claimed components of the piston-cylinder unit. Therefore, when viewed as a whole and for at least the foregoing reasons, the prior art of record neither anticipates nor rendered obvious the present invention as set forth in the independent claim.
Regarding claim 14, Herwig discloses the claimed invention substantially as claimed, as set forth above for Claim 1 except fails to explicitly state that a group of piston-cylinder units comprising:
(a) a plurality of sub-groups, each sub-group of the plurality of sub- groups including the piston-cylinder unit of claim 1 designed and intended for different purposes of use,
a) wherein the plurality of sub-groups has a first sub-group including a first housing plug,
b) wherein the plurality of sub-groups has a second sub-group including a second housing plug,
c) wherein the first housing plugs and the second housing plugs are designed and intended for different purposes of uses and
d) wherein the piston-cylinder units of the first sub-group and the piston-cylinder units of the second sub-group have identical piston motion sensors.
The prior art does not anticipate nor render obvious the combination set forth in the claim, and specifically does not show the claimed groupings of piston-cylinder units. Although Herwig discloses a piston-cylinder unit, there is no teaching in the prior art of record that would, reasonably and absent impermissible hindsight, motivate one having ordinary skill in the art to modify the teachings of Herwig to incorporate the details of the claimed groupings of piston-cylinder units. Therefore, when viewed as a whole and for at least the foregoing reasons, the prior art of record neither anticipates nor rendered obvious the present invention as set forth in the independent claim.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion
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 Monday-Friday 8:00 am - 4:00 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Nathaniel Wiehe can be reached at 571-272-8648. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MATTHEW WIBLIN/ Examiner, Art Unit 3745
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