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 .
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 16 – 27 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.
The term “substantially stationary” in claims 16 and 19 is a relative term which renders the claim indefinite. The term “substantially stationary” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. The term renders indefinite the permissible degree of movement of the measuring unit (claim 16) and of the coil (claim 19) relative to the axle end. See MPEP 2173.05(b)(III)(D). For purposes of examination, “substantially stationary” is interpreted as stationary.
The term “substantially cylindrical” in claim 24 is a relative term which renders the claim indefinite. The term “substantially cylindrical” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. The term renders indefinite the permissible degree of deviation of the shape of the receiving region from a cylinder. See MPEP 2173.05(b)(III)(D). For purposes of examination, “substantially cylindrical” is interpreted as cylindrical.
Regarding claim 22, the claim recites “configured to generate an electrical voltage from substantially movements of an oscillating spring-mass system.” It is unclear what is meant by “substantially movements,” rendering the scope of the claim indefinite. It appears a word may have been omitted, as the specification describes generating a voltage “from essentially linear movements of an oscillating spring-mass system” (see para. [0009]). For purposes of examination, the limitation is interpreted as “configured to generate an electrical voltage from linear movements of an oscillating spring-mass system.”
Claim Rejections - 35 USC § 103
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 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.
Claims 16 – 18 and 24 – 26 are rejected under 35 U.S.C. 103 as being unpatentable over Gravell (WO 2020/028598 A1 – hereafter “Gravell”) in view of Gowan (US 2005/0251306 A1 – hereafter “Gowan”).
As per claim 16, Gravell teaches:
An axle system for use in a commercial vehicle (wheel end temperature monitoring system 1 for vehicle 100 comprising truck 102 and trailer 104, see fig. 1, para. [0033]), comprising:
an axle end with a receiving region comprising a recess (spindle section 10 of axle 12 having an interior bore at its outboard end that receives plug 9, see fig. 3, paras. [0035] – [0037]);
and a measuring unit (transmitter 16, see fig. 3, para. [0036]);
wherein the measuring unit has an evaluation unit to which a plurality of sensors are connected (transmitter 16 includes a processor, see para. [0044]; multiple temperature sensors coupled to a single transmitter, see para. [0050]);
wherein at least one of the sensors of the plurality of sensors is fixed at a distance from the evaluation unit at or in the axle end (temperature sensor 14 disposed in plug 9 at the outboard end of spindle section 10 and connected to transmitter 16 by wired connection 22 routed through the interior of spindle 10 and axle 12, see fig. 3, paras. [0037], [0042], [0048]) and is configured to measure local condition information of the axle end and transmit the local condition information to the evaluation unit (sensor 14 monitors local temperatures in the wheel end in a heat exchange relationship with bearings 6 and sends the temperature signal to transmitter 16, see paras. [0036], [0042] - [0043]);
wherein the evaluation unit is configured to processing the local condition information and calculate information on a condition of the axle end (the processor of transmitter 16 compares the temperature signals to one or more specification limits to determine whether the wheel end assembly is within normal specification limits or closer to an alarm threshold, see para. [0044]; the transmitter discriminates among multiple temperature sensor signals to identify a high local temperature, see para. [0050]);
and wherein the measuring unit has a transmission module which is configured to transmit the information on the condition of the axle end to a central unit of the commercial vehicle by wireless data transmission (transmitter 16 communicates through a wireless protocol to receiver 15 and data acquisition module 19, which may be part of an anti-lock braking system, a tire pressure monitoring system, a telematics system, or other onboard vehicle system, see fig. 3, paras. [0036], [0044] – [0046]).
However, Gravell does not teach the measuring unit is configured to be fixed in the receiving region in a substantially stationary manner relative to the axle end.
Gowan teaches a measuring unit (antiskid unit 12, 14, 16, 18) is configured to be fixed in the receiving region (for landing gears having hollow axles 56, the antiskid units are mounted within the axle, see fig. 2, para. [0022]) in a substantially stationary manner relative to the axle end (stationary sensor 60 housed within the antiskid unit senses rotating magnetic device 62 located inside the wheel hubcap 64, see fig. 2, para. [0023]).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the instant application to modify Gravell’s axle system in view of Gowan to configure the measuring unit to be fixed in the receiving region in a substantially stationary manner relative to the axle end, as taught by Gowan, in order to reduce the lengthy wiring between the sensors and the processing unit.
Regarding claim 17, the claim recites “The axle system according to claim 16, wherein the measuring unit has a voltage source which comprises an energy storage and/or a voltage generator.’
Gravell teaches a wheel end temperature monitoring system, wherein the measuring unit has a voltage source which comprises an energy storage and/or a voltage generator, including an internal power supply of the transmitter (16) such battery, dynamo, or other energy storage or energy producing device (see para. [0046])
Regarding claim 18, the claim recites “The axle system according to claim 17, wherein the voltage source is self-sufficient from a voltage supply of the commercial vehicle.”
Gravell teaches a wheel end temperature monitoring system, wherein the voltage source is self-sufficient from a voltage supply of the commercial vehicle, the transmitter (16) having an internal power supply as an alternative to being powered by vehicle main electrical system through a wired connection (see para. [0046]).
Regarding claim 24, the claim recites “The axle system according to claim 16, wherein the receiving region is formed as a substantially cylindrical recess or bore in an end region of the axle end, and wherein the measuring unit is directly or indirectly fixed in the receiving region.”
Gravell fails to teach the measuring unit is directly or indirectly fixed in the receiving region.
Gowan teaches an antiskid control unit and data collection system, wherein the measuring unit is directly or indirectly fixed in the receiving region, including antiskid units (12, 14, 16, 18) mounted within a hollow axle (56) (see fig. 2, para. [0022]).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the instant application to modify Gravell in view of Gowan to directly or indirectly fix the measuring unit in the receiving region, in order to reduce the lengthy wiring between the sensors and the processing unit.
Regarding claim 25, the claim recites “The axle system according to claim 16, wherein at least the evaluation unit of the measuring unit is arranged and fixed in the bore.” Gravell fails to teach at least the evaluation unit of the measuring unit is arranged and fixed in the bore.
Gowan teaches an antiskid control unit and data collection system, wherein at least the evaluation unit of the measuring unit is arranged and fixed in the bore, including a microprocessor (58) housed within an antiskid unit (12,14, 16, 18) mounted within a hollow axle (56) (see fig. 2, para. [0022]).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the instant application to modify Gravell in view of Gowan to arrange and fix at least the evaluation unit of the measuring unit in the bore, in order to reduce the lengthy wiring between the sensors and the processing unit.
Regarding claim 26, the claim recites “The axle system according to claim 16, wherein the measuring unit has an external thread which can be brought into engagement with a corresponding internal thread in the receiving region to fix the measuring unit at the axle end.”
Gravell teaches a wheel end temperature monitoring system, wherein the measuring unit has an external thread which can be brought into engagement with a corresponding internal thread in the receiving region to fix the measuring unit at the axle end, including a transmitter body (34) maintaining a threaded a lug (36) that mates to a port on a plug or spindle face (see paras. [0039], [0043], [0065] – [0066]),
Claims 19 – 20 are rejected under 35 U.S.C. 103 as being unpatentable over Gravell in view of Gowan in further view of Seibert (US 11,476,709 B2 – hereafter “Seibert”).
Regarding claim 19, the claim recites “The axle system according to claim 17, wherein the voltage generator comprises at least one coil which is arranged substantially stationary relative to the axle end, the axle system has a rotor which is mounted on the axle end so as to be rotatable about an axis of rotation, an exciter is provided which is set in rotation by the rotor to generate an inductive voltage in the voltage generator, and wherein the exciter is integrally formed on the rotor, or is positively connected to the rotor, or is magnetically coupled to the rotor.”
Gravell in view of Gowan fails to teach the voltage generator comprises a stationary coil and an exciter set in rotation by a rotor.
Seibert teaches a wheel end apparatus with an electric generator, wherein the voltage generator comprises at least one coil (76) which is arranged substantially stationary relative to the axle end (mounted to the spindle), the axle system has a rotor (wheel hub 18) which is mounted on the axle end so as to be rotatable about an axis of rotation (central axis 50), an exciter (magnets 74) is provided which is set in rotation by the rotor to generate an inductive voltage in the voltage generator, and wherein the exciter is integrally formed on the rotor (magnets 74 integral with the wheel hub 18) (see col. 3, ll. 45 – 56; col. 4, ll. 19 – 27; col. 8, ll. 3 – 13).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the instant application to modify Gravell in view of Gowan, further in view of Seibert, to provide the voltage generator with a stationary coil and an exciter set in rotation by a rotor, as taught by Seibert, in order to power the wheel end electronics continuously without relying on battery-only power.
Regarding claim 20, the claim recites “The axle system according to claim 19, wherein the exciter comprises a plurality of permanent magnets.”
Gravell in view of Gowan fails to teach the exciter comprises a plurality of permanent magnets
Seibert teaches a wheel end apparatus with an electric generator, wherein the exciter comprises a plurality of permanent magnets (74A, 74B, 74C) (see col. 4, ll. 31 – 40).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the instant application to modify Gravell in view of Gowan, further in view of Seibert, to provide the exciter with a plurality of permanent magnets, as taught by Seibert, in order to increase the electrical current produced by the relative movement of the coil and the magnets.
Claims 28 – 29 are rejected under 35 U.S.C. 103 as being unpatentable over Gravel in view of Seibert.
As per claim 28, Gravell teaches:
A condition monitoring system of an axle system (wheel end temperature monitoring system 1 for wheel-end assembly 2 mounted to axle 12, see fig. 3, paras. [0035] – [0036]), comprising:
a measuring unit (transmitter 16) with a voltage source (internal power supply, see para. [0046]);
wherein a plurality of sensors, configured as temperature sensors are connected to the measuring unit (multiple temperature sensors coupled to a single transmitter, see para. [0050]);
wherein the measuring unit has an evaluation unit which is configured to interpret the values measured by the sensors (processor of transmitter 16 compares the temperature signals to one or more specification limits, see para. [0044]; transmitter discriminates among multiple temperature sensor signals to identify a high local temperature para. [0050]);
and wherein the measuring unit has a transmission module which is configured to send the determined condition values wirelessly (transmitter 16 communicates the temperature signal data to data acquisition module 19 through a wireless protocol, see paras. [0044] – [0046]).
However, Gravell does not teach the voltage source has a voltage generator which is configured to provide an inductively generated voltage.
Selbert teaches wherein the voltage source has a voltage generator (electromagnetic induction generator 70) which is configured to provide an inductively generated voltage (movement of coil 76 through the magnetic fields of magnets 74 induces a current and a voltage in coil 76 and provides electrical power to device 60, see col. 4, ll. 1 – 23).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the instant application to modify Gravell in view of Seibert to provide the voltage source with a voltage generator which is configured to provide an inductively generated voltage, as taught by Seibert, in order to power the wheel end electronics continuously without relying on battery-only power.
Regarding claim 29, the claim recites “The condition monitoring system according to claim 28, wherein the measuring unit has a circular cross-section.”
Gravell teaches a wheel end temperature monitoring system, wherein the measuring unit has a circular cross-section, including a transmitter assembly (30) housed inside a cylindrical protective body (34) maintaining a circumferential pattern of indentations (40) (see fig.18, para. [0065]).
Claim 30 is rejected under 35 U.S.C. 103 as being unpatentable over Gravell in view of Seibert in further view of Gowan.
Regarding claim 30, the claim recites “The condition monitoring system according to claim 28, wherein the measuring unit is arranged and fixed in a receiving region which is comprised as a face bore in an axle end configured as a stub axle.”
Gravell in view of Seibert fails to teach the measuring unit is arranged and fixed in a receiving region.
Gowan teaches an antiskid control unit and data collection system, wherein the measuring unit is arranged and fixed in a receiving region, including antiskid units (12, 14, 16, 18) mounted within a hollow axle (56), each antiskid unit housing sensor (60) that senses a rotating magnetic device (62) located inside the wheel hubcap (64) (see fig. 2, paras. [0022] – [0023]).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the instant application to modify Gravell in view of Seibert, further in view of Gowan, to arrange and fix the measuring unit in a receiving region, as taught by Gowan, in order to reduce the lengthy wiring between the sensors and the processing unit and to make the unit easily accessible to maintenance personnel.
Claim 21 is rejected under 35 U.S.C. 103 as being unpatentable over Gravell in view of Gowan, further in view of Seibert and further in view of Deak et al (US 2022/0416635 A1 – hereafter “Deak”).
Regarding claim 21, the claim recites “The axle system according to claim 19, wherein the exciter is mounted in a stationary and rotatable manner on the axle end and/or on the voltage source, and wherein the exciter is configured to be set in rotation by the rotor via mechanical or magnetic coupling.”
Gravell in view of Gowan, further in view of Seibert fails to teach the exciter is mounted in a stationary and rotatable manner on the voltage source and set in rotation via magnetic coupling.
Deak teaches a tangentially actuated magnetic momentum transfer generator, wherein the exciter (rotating magnet 321) is mounted in a stationary and rotatable manner (supported on axles 319A, 319 B and free to rotate 360 degrees about center axis x1) on the voltage source (within coil bobbin 303 of energy harvesting generator 300), and wherein the exciter is configured to be set in rotation via magnetic coupling (mutual coupling magnetic fields of moving disk magnet 317 and rotating magnet 321 produce a rotating magnet 321) (see paras. [0063] – [0068], [0087] – [0088]).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the instant application to modify Gravell in view of Gowan, further in view of Seibert and further in view of Deak to mount the exciter to be set in rotation by the rotor via magnetic coupling, as taught by Deak, in order to extend the voltage output produced by each actuation through the rotational inertia of the exciter.
Allowable Subject Matter
Claim 31 is 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.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Manuel Castellon whose telephone number is (571)272-4575. The examiner can normally be reached Monday - Friday 8:00 am - 4:00 pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, John Breene can be reached at 571-272-4107. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/MANUEL SALVADOR CASTELLON JR/Examiner, Art Unit 2855
/NATALIE HULS/Primary Examiner, Art Unit 2855
