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 .
Election/Restrictions
Applicant’s election without traverse of Embodiment 2, Figure 6, Claims 1-7, 9-13 and 15-18 in the reply filed on 08/21/2026 is acknowledged.
Information Disclosure Statement
The information disclosure statements (IDS) submitted on 05/23/2025 and 05/27/2025 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
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.
Claims 1, 2, 4, 9 and 11-13 are rejected under 35 U.S.C. 102(a)(1) as being anticipated Jackson Jr. et al. [US 5,668,533], Embodiment of Figures 10a and 10b.
Claim 1, Jackson Jr. et al. discloses a magnetic switch apparatus [figure 1] for detecting relative movement between a first member [46] and a second member [54] from a closed position [figure 1] wherein the first member and the second member are proximal, and an open position wherein the first member and the second member are separated [claim 1], the magnetic switch apparatus comprising: a switch assembly [44] for mounting on the first member [46; figure 1] and configured to shift between a first state and a second state; and a magnetic actuator [52] for mounting on the second member [54; figure 1] and configured to shift the switch assembly between the first state and the second state when the first member and the second member are in the open position, the magnetic actuator [54] comprising: a first magnet [92] having a first magnetic polarity orientation, a second magnet [94] having a second magnetic polarity orientation, and a third magnet [106] located between the first and second magnets and having a third magnetic polarity orientation that is different than the first and second magnetic polarity orientations [figures 10a and 10b].
Claim 2, Jackson Jr. et al. discloses the magnetic switch apparatus of claim 1, wherein at least one of the first magnet [92], the second magnet [94], or the third magnet [106] is a permanent magnet [col. 7 lines 52-56; figures 10a and 10b].
Claim 4, Jackson Jr. et al. discloses the magnetic switch apparatus of claim 1, wherein the third magnetic polarity orientation is angled relative to the first magnetic polarity orientation along a first direction [the polarity of magnet 106 is angled 180 degrees to the polarity of magnet 92; col. 7 lines 52-56; figures 10a and 10b].
Claim 9, Jackson Jr. et al. discloses the magnetic switch apparatus of claim 1, wherein the first magnet [92], the second magnet [94], and the third magnet [106] form a magnetic field with a first magnetic flux density on a first side and a second magnetic flux density on a second side that is lower than the first magnetic flux density, and the first side faces the switch assembly when the first and second members are proximal [figures 5, 6, 10a and 10b].
Claim 11, Jackson Jr. et al. discloses the magnetic switch apparatus of claim 1, wherein the first magnet [92] and the second magnet [94] are positioned at a first distance from a longitudinal axis of the switch assembly when in the closed position [figure 6].
Claim 12, Jackson Jr. et al. discloses the magnetic switch apparatus of claim 11, wherein the third magnet [106] is at the first distance from the longitudinal axis of the switch assembly when in the closed position. [as shown in figure 10a and 10b, all three magnets are the same size and therefore as shown in the closed position in figure 6, would be in the same first position]
Claim 13, Jackson Jr. et al. discloses the magnetic switch apparatus of claim 12, wherein the third magnet [106] is adjacent to the first magnet [92], and the second magnet [94] is adjacent to the third magnet [106; figures 10a and 10b].
Claims 1, 2, 4-7, 9-13 and 15-18 are rejected under 35 U.S.C. 102(a)(1) as being anticipated Jackson Jr. et al. [US 5,668,533], Embodiment of Figures 12a and 102.
Claim 1, Jackson Jr. et al. discloses a magnetic switch apparatus [figure 1] for detecting relative movement between a first member [46] and a second member [54] from a closed position [figure 1] wherein the first member and the second member are proximal, and an open position wherein the first member and the second member are separated [claim 1], the magnetic switch apparatus comprising: a switch assembly [44] for mounting on the first member [46; figure 1] and configured to shift between a first state and a second state; and a magnetic actuator [52] for mounting on the second member [54; figure 1] and configured to shift the switch assembly between the first state and the second state when the first member and the second member are in the open position, the magnetic actuator [54] comprising: a first magnet [114] having a first magnetic polarity orientation, a second magnet [116] having a second magnetic polarity orientation, and a third magnet [120] located between the first and second magnets and having a third magnetic polarity orientation that is different than the first and second magnetic polarity orientations [figures 12a and 12b].
Claim 2, Jackson Jr. et al. discloses the magnetic switch apparatus of claim 1, wherein at least one of the first magnet [114], the second magnet [116], or the third magnet [120] is a permanent magnet [col. 7 lines 58-67; figures 12a and 12b].
Claim 4, Jackson Jr. et al. discloses the magnetic switch apparatus of claim 1, wherein the third magnetic polarity orientation is angled relative to the first magnetic polarity orientation along a first direction [the polarity of magnet 120 is angled 90 degrees to the polarity of magnet 114; col. 7 lines 58-67; figures 12a and 12b].
Claim 5, Jackson Jr. et al. discloses the magnetic switch apparatus of claim 4, wherein the second magnetic polarity orientation is angled relative to the third magnetic polarity orientation along the first direction [the polarity of magnet 116 is angled 90 degrees to the polarity of magnet 120; col. 7 lines 58-67; figures 12a and 12b].
Claim 6, Jackson Jr. et al. discloses the magnetic switch apparatus of claim 5, wherein the third magnetic polarity orientation is at an angle of ninety degrees relative to the first magnetic polarity orientation along the first direction, and the second magnetic polarity orientation is at an angle of ninety degrees relative to the second third magnetic polarity orientation along the first direction [col. 7 lines 58-67; figures 12a and 12b].
Claim 7, Jackson Jr. et al. discloses the magnetic switch apparatus of claim 1, wherein the third magnetic polarity orientation extends parallel relative to a longitudinal length of the magnetic actuator [the polarity of magnet 120 extends parallel relative to a longitudinal length of the magnetic actuator as shown in figures 12a and 12b].
Claim 9, Jackson Jr. et al. discloses the magnetic switch apparatus of claim 1, wherein the first magnet [114], the second magnet [116], and the third magnet [120] form a magnetic field with a first magnetic flux density on a first side and a second magnetic flux density on a second side that is lower than the first magnetic flux density, and the first side faces the switch assembly when the first and second members are proximal [figures 5, 6, 12a and 12b].
Claim 10, Jackson Jr. et al. discloses the magnetic switch apparatus of claim 1, the first magnet [114], the second magnet [116], and the third magnet [120] form a Halbach array [col. 7 lines 58-67; figures 12a and 12b].
Claim 11, Jackson Jr. et al. discloses the magnetic switch apparatus of claim 1, wherein the first magnet [114] and the second magnet [116] are positioned at a first distance from a longitudinal axis of the switch assembly when in the closed position [figure 6].
Claim 12, Jackson Jr. et al. discloses the magnetic switch apparatus of claim 11, wherein the third magnet [120] is at the first distance from the longitudinal axis of the switch assembly when in the closed position [figure 6].
Claim 13, Jackson Jr. et al. discloses the magnetic switch apparatus of claim 12, wherein the third magnet [120] is adjacent to the first magnet [114], and the second magnet [116] is adjacent to the third magnet [114; figures 12a and 12b].
Claim 15, Jackson Jr. et al. discloses a magnetic switch apparatus [figure 1] for detecting relative movement between a first member [46] and a second member [54] from a closed position [figure 1] wherein the first member and the second member are proximal, and an open position wherein the first member and the second member are separated [claim 1], the magnetic switch apparatus comprising: a switch assembly [44] for mounting on the first member [46; figure 1] and configured to shift between a first state and a second state; and a magnetic actuator [52] for mounting on the second member [54; figure 1] and configured to shift the switch assembly between the first state and the second state when the first member and the second member are in the open position, the magnetic actuator comprising three or more magnets [114/116/118/120/122; figures 12 and 12b] forming a Halbach array [col. 7 lines 58-67].
Claim 16, Jackson Jr. et al. discloses the magnetic switch apparatus of claim 15, wherein the switch assembly [44] comprises at least one of a magnetically actuatable ball switch, a hall transistor, a magnetoresistive sensor, a magnetostrictive sensor, a reed switch [abs; col. 7 lines 5-15], or a magneto-optical sensor.
Claim 17, Jackson Jr. et al. discloses the magnetic switch apparatus of claim 15, wherein at least one of the three or more magnets is a permanent magnet [col. 7 lines 58-67].
Claim 18 Jackson Jr. et al. discloses a magnetic switch apparatus [figure 1] for detecting relative movement between a first member [46] and a second member [56] from a closed position [figure 1] wherein the first member and the second member are proximal, and an open position [claim 1] wherein the first member and the second member are separated, the magnetic switch apparatus comprising: a switch assembly [44] for mounting on the first member [46; figure 1] and configured to shift between a first state and a second state; and a magnetic actuator [52] for mounting on the second member [54; figure 1] and configured to shift the switch assembly between the first state and the second state when the first member and the second member are in the open position, the magnetic actuator defining a first side facing the switch assembly when in the closed position [figures 4 and 5] and comprising three or more magnets [114/116/118/120/122; figures 12 and 12b] arranged to have different relative magnetic polarity orientations to form a magnetic field with a magnetic flux distribution external to the three or more magnets being concentrated on the first side.
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.
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 3 is rejected under 35 U.S.C. 103 as being unpatentable over Jackson Jr. et al. [US 5,668,533], Embodiment of Figures 10a and 10b, in view of Wood [US 2010/0006408].
Claim 3, Jackson Jr. et al. discloses the magnetic switch apparatus of claim 1, wherein the switch assembly is a reed switch [abs; col. 7 lines 5-15].
Jackson Jr. et al. fails to teach that the switch assembly is a magnetically actuatable ball switch.
Wood teaches a magnetic switch apparatus comprising a switch assembly [24] and a magnetic actuator [52] wherein the switch assembly can be a ball switch, a reed switch, a Hall effect switch, a micro switch or a magnetic slide [paragraph 0052].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to replace the reed switch of Jackson Jr. et al. with a ball assembly as taught by Wood in order to adjust the switching characteristics since a simple substitution of one known element for another [Wood paragraph 0052], producing a predictable result, renders the claim obvious.
Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Jackson Jr. et al. [US 5,668,533], Embodiment of Figures 12a and 12b, in view of Wood [US 2010/0006408].
Claim 3, Jackson Jr. et al. discloses the magnetic switch apparatus of claim 1, wherein the switch assembly is a reed switch [abs; col. 7 lines 5-15].
Jackson Jr. et al. fails to teach that the switch assembly is a magnetically actuatable ball switch.
Wood teaches a magnetic switch apparatus comprising a switch assembly [24] and a magnetic actuator [52] wherein the switch assembly can be a ball switch, a reed switch, a Hall effect switch, a micro switch or a magnetic slide [paragraph 0052].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to replace the reed switch of Jackson Jr. et al. with a ball assembly as taught by Wood in order to adjust the switching characteristics since a simple substitution of one known element for another [Wood paragraph 0052], producing a predictable result, renders the claim obvious.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Bernard Rojas whose telephone number is (571)272-1998. The examiner can normally be reached Mon. thru Fri. 7:00 am - 4:00 pm.
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/BERNARD ROJAS/Primary Examiner, Art Unit 2837
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