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 .
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1 and 4 are rejected under 35 U.S.C. 102(a)(1) and 35 U.S.C. 102(a)(2) as anticipated by Yamamoto (US 2017/0168080 A1) (hereinafter Yamamoto).
Regarding claim 1, Yamamoto teaches a sensor member [wheel speed sensor 10] comprising: a sensor [rotation detection element 28]; a wire member connected to the sensor [output wires 30 that are connected to lead terminals 36 of the rotation detection element 28]; a fixing bracket [fixation part 24] (Para [0043-0046], see Figs. 1-6); and
a resin molded member molded as a single body with the fixing bracket and covering the sensor and a portion of the wire member drawn out from the sensor [cover part 22, fixation part 24 formed from a synthetic resin by injecting molding] (Para [0044]), wherein the resin molded member includes a primary molded part covering the sensor and the portion of the wire member drawn out from the sensor [cover part 22], and a secondary molded part [molded article 104] (Para [0055], see Figs. 3-6).
Regarding the limitation that the secondary molded part is “molded with the primary molded part and the fixing bracket as insert parts”, this is considered as a product-by process limitation. Product-by-process claims are not limited to the manipulations of the recited steps, only the structure implied by the steps. In this case, the claimed secondary molded part with the primary molded part and the fixing bracket as insert parts results in the same end product as taught by Yamamoto – namely, a resin molded member molded as a single body with the fixing bracket and covering the sensor and a portion of the wire member drawn out from the sensor.
Regarding claim 4, Yamamoto as applied to claim 1 above teaches the claimed invention, in addition to wherein the primary molded part has a connection portion connecting to the secondary molded part (see Fig. 7), and the connection portion has a rotation preventing portion at a portion in a circumferential direction of the connection portion [sections of cover part 22 that are molded over bridge parts 62 of molded article 104 prevent relative rotation between cover part 22 and molded article 104] (see Figs. 3-7).
Allowable Subject Matter
Claims 5-6 are allowed.
The following is an examiner’s statement of reasons for allowance:
Regarding claim 5, the closest prior art reference Yamamoto teaches a method for manufacturing a sensor member including a sensor [rotation detection element 28]; a wire member connected to the sensor [output wires 30 that are connected to lead terminals 36 of the rotation detection element 28]; a fixing bracket [fixation part 24] (Para [0043-0046], see Figs. 1-6); and a resin molded member molded as a single body with the fixing bracket and covering the sensor and a portion of the wire member drawn out from the sensor [cover part 22, fixation part 24 formed from a synthetic resin by injecting molding] (Para [0044]), wherein the resin molded member includes a primary molded part covering the sensor and the portion of the wire member drawn out from the sensor [cover part 22], and a secondary molded part [molded article 104] (Para [0055], see Figs. 3-6), the method comprising: a first molding step of molding a primary molded part and a second molding step of molding a secondary molded part (Para [0055]). Also see Tsuda et al. (US 2009/0078043 A1) for similar injection molded sensor member.
The prior art fails to teach or provide motivation for the primary molded part being a portion of the resin molded member covering the sensor and the portion of the wire member dawn out from the sensor and the secondary molded part being a portion of the resin molded member with the primary molded part and the fixing bracket as insert parts, in combination with the rest of the limitations found in the claim.
Regarding claim 6, it is dependent on claim 5.
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.”
Claims 2-3 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 2, the primary reason for the indication of allowable subject matter is the inclusion of the limitations regarding wherein the fixing bracket has a through hole through which the secondary molded part passes, and the secondary molded part includes a bent lead-out portion that bends outside the through hole and leads out the wire member, in combination with the rest of the limitations found in claim 1, from which it depends upon.
Regarding claim 3, it is dependent on claim 2.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DAVID Z HUANG whose telephone number is (571)270-5360. The examiner can normally be reached Monday - Friday, 9:00 AM - 5:00 PM EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kristina Deherrera can be reached at 303-297-4237. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DAVID Z HUANG/ Primary Examiner, Art Unit 2855
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