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 .
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 USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The 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/process/file/efs/guidance/eTD-info-I.jsp.
Claims 1-3, 8, 9, 11, 15, and 18-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 3, 4, 6-9, 13, and 15-17 of U.S. Patent No. 12,196,581. Although the claims at issue are not identical, they are not patentably distinct from each other because claims 1, 3, 4, 6-9, 13, and 15-17 of U.S. Patent No. 12,196,581 contain all the features of claims 1-3, 8, 9, 11, 15, and 18-20.
Instant Application
U.S. Patent No. 12,196,581
1. An inductive position sensor, comprising: a first target coil, included in a target, and including:
a first outer lobe having a size based on a first shift ratio of a harmonic period of a receiver coil, and a first inner lobe having a size based on a second shift ratio of the harmonic period, the harmonic period corresponding with a harmonic, the first shift ratio being different from the second shift ratio; and a second target coil including a second outer lobe having a size based on the second shift ratio, and a second inner lobe having a size based on the first shift ratio, the first target coil configured to induce a first waveform associated with the harmonic into the receiver coil, and the second target coil configured to induce a second waveform associated with the harmonic, and opposite the first waveform, into the receiver coil such that the harmonic is nullified in a receiver coil voltage.
16. The inductive position sensor of claim 15, wherein the target further including:
the first target coil including the first outer lobe having the size based on a first ratio of a second harmonic period of the first receiver coil, and a first inner lobe having a size based on a second ratio of the second harmonic period, the second harmonic period corresponding with a second harmonic, the first ratio being different from the second ratio; and the second target coil including the second outer lobe having the size based on the second ratio, and a second inner lobe having a size based on the first ratio, the first target coil inducing a first waveform associated with the second harmonic into the receiver coil, and the second target coil inducing a second waveform associated with the second harmonic, and opposite the first waveform, into the receiver coil such that the second harmonic is nullified in the receiver coil voltage.
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Ely et al. (US 6,788,221) discloses a position detector comprising first and second members mounted for relative movement in a measurement path. Ely et al. (US 6,534,970) discloses a rotary position detector comprising first and second members, at least one of which is rotatable relative to the other about an axis of rotation.
Allowable Subject Matter
Claims 4-7, 10, 12-14, 16, and 17 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.
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MILTON GONZALEZ whose telephone number is (571)270-7914. The examiner can normally be reached 8:00 AM - 5:00 PM.
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/WALTER L LINDSAY JR/Supervisory Patent Examiner, Art Unit 2852
/M.G/Examiner, Art Unit 2852
8/15/2026
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