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 .
Drawings
Regarding Figures 1-3, the drawings are objected to because there are no labels inside the box squares. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the first member includes a first horizontal plate portion provided on the second surface [claim 4] and a second member includes a second horizontal plate portion provided on the second surface [claim 4] must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
The lengthy specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant’s cooperation is requested in correcting any errors of which applicant may become aware in the specification.
The specification is objected to as failing to provide proper antecedent basis for the claimed subject matter. See 37 CFR 1.75(d)(1) and MPEP § 608.01(o). Correction of the following is required: a portion of each of the first vertical plate portion and the second vertical plate portion is narrower than a portion of the power generation element [claim 8].
Claim Objections
Claim 4 is objected to because of the following informalities: in line 7, change “a first horizontal” to --the first horizontal-- and in line 9, change “a second” to --the second-- in order for both to avoid a duplicant positive recitation. Appropriate correction is required.
Claim 5 is objected to because of the following informalities: in the last line 7, change “the substrate,” to --the substrate.-- in order to change the comma to a period at the end of the claim. Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claim 8 is rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Regarding claim 8, the claim states: “…a portion of each of the first vertical plate portion and the second vertical plate portion is narrower than a portion of the power generation element…” The specification does not in such full, clear, concise, and exact terms how the vertical plates are narrower than the power generation element. It is not clear what portion of the both the horizontal plates and the power generation elements are being referred to as far as being narrowed.
For examination purpose, the examiner is taking a position that if the width of the any plates seems smaller than the width of the power generation element, then it would meet the above limitations.
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 4-6 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.
Regarding claim 4, the claim states: “…wherein the first member includes a first horizontal plate portion provided on the second surface, and wherein a second member includes a second horizontal plate portion provided on the second surface.” It is not clear from the claim how the horizontal plates are on the second surface of the substate when both the first and second members, which both have the horizontal plates, facing the end portions of the power generation element [claim 1] and where the power generation element is mounted of the first surface of the substrate [beginning of claim 4].
For examination purposes, the examiner is taking the position that horizontal plates are provided on the first surface of the substrate. Since claims 5-6 depend from claim 4, they also are rejected for the above reason.
Claim Rejections - 35 USC § 102
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.
Claim(s) 1-4 and 7-8 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Shinichiro et al (WO 2022/230651 A1).
PNG
media_image1.png
351
521
media_image1.png
Greyscale
PNG
media_image2.png
273
607
media_image2.png
Greyscale
PNG
media_image3.png
279
594
media_image3.png
Greyscale
Regarding claim 1, Shinichiro et al disclose [see Figs. 1 & 8-9 above] an encoder (encoder 1) comprising: a power generation element (power generation element 100/100d/100e) including a first end portion [left end near item 181] and a second end portion [right end near item 182] spaced apart from the first end portion in a first direction (x-direction), the power generation element (100/100d/100e) being configured to generate power upon occurrence of a condition in which a magnetic field generated by one or more magnets (magnets 10) fixed to a rotary shaft (rotating shaft 30) varies between the first end portion [left end] and the second end portion [right end]; a first member (ferrite member L150d) including a first vertical plate portion (body portion L151) that is provided facing the first end portion [left end see Figs. 8-9] and extends in a second direction (z-direction) intersecting the first direction (x-direction), the first member (L151) being formed of a magnetic material; and a second member (ferrite member 150dR) spaced apart from the first member (L150d), and including a second vertical plate portion (body portion 151R) that is provided facing the second end portion [right end see Figs. 8-9]and extends in the second direction (z-direction), and the second member (150dR) being formed of the magnetic material.
Regarding claim 2, Shinichiro et al disclose wherein the first member (L150d) includes a first horizontal plate portion (protruding portion L152d) extending in the first direction (x-direction), and wherein the second member (150dR) includes a second horizontal plate portion (protruding portion 152dR) extending in the first direction (x-direction).
Regarding claim 3, Shinichiro et al disclose wherein the first horizontal plate portion (L152d) includes a first extension portion [shown but not numbered] extending toward a center position of a first magnetic pole of a given magnet (10) among the one or more magnets (10), and wherein the second horizontal plate portion (152dR) includes a second extension [shown but not numbered] extending toward a center position of a second magnetic pole of the given magnet (10).
Regarding claim 4, Shinichiro et al disclose a substrate (substrate 40) having (i) a first surface [top surface] on which the power generation element (100/100d/100e) is mounted [via terminals 181 and 182], and (ii) a second surface [bottom surface] opposite the first surface [top surface], and on which the one or more magnets (10) are situated, wherein the first member (L150d) includes the first horizontal plate portion (L152d) provided on the first surface [top surface], and wherein the second member (150dR) includes a second horizontal plate portion (152dR) provided on the first surface.
Regarding claim 7, Shinichiro et al disclose a substrate (substrate 40) on which the power generation element (100/100d/100e) is provided, wherein the first horizontal plate portion (L152d) of the first member (L150d) is provided between the substrate (40) and the power generation element (100/100d/100e), and wherein the second horizontal plate portion (152dR) of the second member (105dR) is provided between the substrate (40) and the power generation element (100/100d/100e).
Regarding claim 8, Shinichiro et al disclose wherein in the second direction (z-direction), a portion of each of the first vertical plate portion (L151) and the second vertical plate portion (151R) is narrower than a portion of the power generation element (100/100d/100e), or wherein in a third direction intersecting the first direction and the second direction, a portion each of the first vertical plate portion and the second vertical plate portion is narrower than a portion of the power generation element.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See PTO-892 for details.
Allowable Subject Matter
Claims 5-6 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 5, the primary reason for the allowance of the claim is due to the first member includes a first through portion passing through the substrate, and wherein the second member includes a second through portion passing through the substrate. Since claim 6 depends from claim 5, it also has allowable subject matter.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JERMELE M HOLLINGTON whose telephone number is (571)272-1960. The examiner can normally be reached Mon-Fri 7:00am-3:30pm.
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, Lee E Rodak can be reached at 571-270-5628. 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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JERMELE M HOLLINGTON whose telephone number is (571)272-1960. The examiner can normally be reached Mon-Fri 7:00am-3:30pm.
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, Lee E Rodak can be reached at 571-270-5628. 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.
/JERMELE M HOLLINGTON/ Primary Examiner, Art Unit 2858
Prosecution Insights