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 .
Response to Amendment
Applicant's submission filed on 08/21/2026 has been entered. Claims 1-5, 7-11, 13 and 14 remain(s) pending in the application. Applicant's amendments to the Claims each and every 112(b) rejections previously set forth in the Non-Final Office Action mailed 04/21/2026, hereinafter NFOA_2.
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, have been fully considered but and are persuasive. Specifically, the argument that the modified device fails to disclose “the locking element extends from an outside portion of the cylinder head through a hole in a housing of the cylinder head, the hole opening into the transverse hole”, is accurate. Therefore, the rejection is withdrawn. However, upon further consideration, claim 1 is rejected in view of Blubaugh, James F. et al. US 20020074994 A1.
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 § 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 Blubaugh, James F. et al. US 20020074994 A1, hereinafter Blubaugh. 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) a cylinder (2) having a cylinder head (4),
b) 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
g) 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].
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: the locking element extends from an outside portion of the cylinder head through a hole in a housing of the cylinder head, the hole opening into the transverse hole
Blubaugh discloses (Fig. 1-2) a piston-cylinder unit comprising:
a) comprising a cylinder (12) having a cylinder head (28),
b) with a piston (24) axially movable in the cylinder and
c) a piston motion sensor (40),
d) wherein the piston motion sensor is arranged in a hole (34) of the cylinder head having a longitudinal axis (depicted centerline thereof), and wherein:
e) the piston motion sensor is connected to a housing plug (52); and
g) a positioning and/or alignment element (38) is supported in the hole in a direction of the longitudinal axis of the hole (as depicted, (38) is supported in (34) by contact therewith), and the piston motion sensor is supported on the positioning and/or alignment element in the direction of the longitudinal axis [0022],
-wherein the positioning and/or alignment element is locked by a locking element (39) [0022];
-wherein the locking element extends from an outside portion of the cylinder head through a hole (“groove” [0022]) in a housing (28) of the cylinder head, the hole opening into the hole [0022].
One of ordinary skill in the art could have substituted one known element (locking element) for another (locking element), and the results of the substitution (locking the position of the positioning and/or alignment element) would have been predictable. Because both Herwig and Blubaugh teach means for locking the position of the positioning and/or alignment element, it would have been obvious to one skilled in the art to substitute one locking element for the other to achieve the predictable result of locking the position of the positioning and/or alignment element.
It is acknowledged that the positioning and/or alignment element (38) of Blubaugh is not transverse. However, this does not impact the set screw (39) of Blubaugh abutting the positioning and/or alignment element (29) of Herwig, and locking its location in the transverse bore.
Regarding claim 2, the housing plug is detachably connected to the cylinder head (Herwig, Grunewald disclose housing plugs as detachably connected to the cylinder head).
Regarding claim 3, Herwig fails to disclose the housing plug has a flange which is screwed to the cylinder head. Instead, Herwig discloses (Fig. 10-17) the housing plug (37) connected to the cylinder head (4) via a threaded connection [0101].
Blubaugh further discloses (1-2) the housing plug (52) has a flange (72) which is screwed to the cylinder head [0032].
One of ordinary skill in the art could have substituted one known element (flange/screwed connection) for another (threaded connection), and the results of the substitution (fixing the housing plug to the cylinder head) would have been predictable. Because both Herwig and Blubaugh teach means for fixing the housing plug to the cylinder head, it would have been obvious to one skilled in the art to flange/screwed connection for the threaded connection to achieve the predictable result of fixing the housing plug to the cylinder head.
Regarding claim 4, Blubaugh further discloses (1-2) the flange can be screwed to the cylinder head in different alignments of the housing plug about the longitudinal axis of the transverse hole ((36), as depicted, it appears that the flange could be rotated at least at 90 degrees).
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, 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, 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
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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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/MATTHEW WIBLIN/ Primary Examiner, Art Unit 3745
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