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 .
Priority
Applicant’s claim for the benefit of a prior-filed application under 35 U.S.C. 119(e) or under 35 U.S.C. 120, 121, 365(c), or 386(c) is acknowledged.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on November 08, 2024 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-8, 10, 11, 1-8, 10 and 11 of U.S. Patent No. 12163807, respectfully, in view of Ausserlechner US2021/0018309 (applicant disclosed art).
Both independent claims’ features of the instant application and the co-pending application can be compared as:
Claim 1 of Instant Application
Claim 1 of Patent 12163807
A hybrid position sensor for determining an angular position of a hybrid target which comprises a conductive target and a magnet configuration which are rigidly connected, the hybrid position sensor comprising: a first transducer configured for generating a first signal induced by the conductive target and indicative for the angular position of the hybrid target,
A hybrid position sensor for determining an angular position of a hybrid target which comprises a conductive target and a magnet configuration which are rigidly connected and at least partially overlapping, the hybrid position sensor comprising: a first transducer configured for generating a first signal induced by the conductive target and indicative for the angular position of the hybrid target,
a second transducer configured for generating a second signal induced by the magnet configuration and indicative for the angular position of the hybrid target,
a second transducer, at least partially overlapping with the first transducer, and configured for generating a second signal induced by the magnet configuration and indicative for the angular position of the hybrid target,
a processing device configured for receiving the first signal to determine a first angular position of the hybrid target and for receiving the second signal to determine a second angular position of the hybrid target and for determining reliability of the hybrid position sensor based on the determined first and second angular position,
a processing device configured for receiving the first signal to determine a first angular position of the hybrid target and for receiving the second signal to determine a second angular position of the hybrid target and for determining reliability of the hybrid position sensor based on the determined first and second angular position,
Patent 12163807 fails to claim wherein the conductive target and the magnet configuration are stacked.
Ausserlechner teaches wherein the conductive target (Fig. 1; conductive target 103) and the magnet configuration (Fig. 1; magnet 104) are stacked (Fig. 1; they are stacked in view of the sensors 106 and 107).
Therefore, it would have been obvious to one skilled in the art before the effective filing date of the claimed invention to modify the structure as described by Patent 12163807 with the magnet and conductive target being stacked as described by Ausserlechner for the purpose of using a combination of magnetic and inductive sensor principle for robust sensing against oil, grease, moisture, or dust (para [0017]).
Regarding claim 2, see claim 2 of Patent 12163807.
Regarding claim 3, see claim 3 of Patent 12163807.
Regarding claim 4, see claim 4 of Patent 12163807.
Regarding claim 5, see claim 5 of Patent 12163807.
Regarding claim 6, see claim 6 of Patent 12163807.
Regarding claim 7, see claim 7 of Patent 12163807.
Regarding claim 8, see claim 8 of Patent 12163807.
Regarding claim 9, see claim 10 of Patent 12163807.
Regarding claim 10, see claim 11 of Patent 12163807.
Claim 11 of Instant Application
Claim 1 of Patent 12163807
A hybrid position sensor for determining an angular position of a hybrid target which comprises a conductive target and a magnet configuration which are rigidly connected, the hybrid position sensor comprising: a first transducer configured for generating a first signal induced by the conductive target and indicative for the angular position of the hybrid target,
A hybrid position sensor for determining an angular position of a hybrid target which comprises a conductive target and a magnet configuration which are rigidly connected and at least partially overlapping, the hybrid position sensor comprising: a first transducer configured for generating a first signal induced by the conductive target and indicative for the angular position of the hybrid target,
a second transducer configured for generating a second signal induced by the magnet configuration and indicative for the angular position of the hybrid target,
a second transducer, at least partially overlapping with the first transducer, and configured for generating a second signal induced by the magnet configuration and indicative for the angular position of the hybrid target,
a processing device configured for receiving the first signal to determine a first angular position of the hybrid target and for receiving the second signal to determine a second angular position of the hybrid target and for determining reliability of the hybrid position sensor based on the determined first and second angular position,
a processing device configured for receiving the first signal to determine a first angular position of the hybrid target and for receiving the second signal to determine a second angular position of the hybrid target and for determining reliability of the hybrid position sensor based on the determined first and second angular position,
Patent 12163807 fails to claim wherein the magnet configuration is electrically isolating and the conductive target is non-magnetic.
Ausserlechner teaches wherein the magnet configuration is electrically isolating (Fig. 1; magnet 104 is attached to the shaft 101 via holder 105 and no electrical connections are shown or described with the magnet, thus the magnet 104 is electrically isolated) and the conductive target is non-magnetic (Fig. 1; conductive target 103 can be made of copper or aluminum which are non-magnetic in their normal state; also the specification of the instant application only discloses aluminum as the material of the conductive target (see paragraph [0086] of the specification of the instant application)).
Therefore, it would have been obvious to one skilled in the art before the effective filing date of the claimed invention to modify the structure as described by Patent 12163807 with the magnet and conductive target being stacked as described by Ausserlechner for the purpose of using a combination of magnetic and inductive sensor principle for robust sensing against oil, grease, moisture, or dust (para [0017]).
Regarding claim 12, see claim 2 of Patent 12163807.
Regarding claim 13, see claim 3 of Patent 12163807.
Regarding claim 14, see claim 4 of Patent 12163807.
Regarding claim 15, see claim 5 of Patent 12163807.
Regarding claim 16, see claim 6 of Patent 12163807.
Regarding claim 17, see claim 7 of Patent 12163807.
Regarding claim 18, see claim 8 of Patent 12163807.
Regarding claim 19, see claim 10 of Patent 12163807.
Regarding claim 20, see claim 11 of Patent 12163807.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Close et al. discloses “Magnetic position sensor system and method” (see US2021/0199730)
Kitanaka et al. discloses “Method and apparatus for sensing angle of rotation which compensates an output signal from a magnetic sensor element irrespective of the range of rotational angles of a target object” (see US7233139)
Wan et al. discloses “360-degree rotary position sensor having a magnetoresistive sensor and a hall sensor” (see US6707293)
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DAVID B FREDERIKSEN whose telephone number is (571)272-8152. The examiner can normally be reached M-F 8am - 5pm.
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, Huy Phan can be reached at (571)272-7924. 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.
/DAVID B FREDERIKSEN/Examiner, Art Unit 2858
/HUY Q PHAN/Supervisory Patent Examiner, Art Unit 2858
Prosecution Insights