DETAILED ACTION
This Office Action is in response to applicant’s communication filed on 2.14.25. In view of this communication, claims 1-10 are now pending in this application.
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 § 112
Claims below 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.
Claims 10 recites the limitations “an annular plain bearing element for mounting the output gear such that it can rotate about the rotary axle” In instant invention Fig 2, 28 is rotary axis. Examiner interprets rotary axis. Examiner requests a review of specification/claims as it seems rotary axle is recited in multiple places and a shaft will need to be connected to output gear for functional reasons which then can be rotary axle. None of the drawings are showing a shaft, therefore Examiner interprets same as rotary axis.
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 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 1,10 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Keefover et al(US20050183695A1) , hereinafter Keefover.
Regarding Claim 1, Keefover discloses (Figs 1-2,7) an actuating drive (Fig 1) comprising a housing (Co,12), which comprises a housing trough (12) and a housing cover (Co), an electric motor (40) arranged in the housing (Fig 1), a gear unit (Fig 7) arranged in the housing that has an output gear (20) and a position detection unit (24,26,27,28,32) arranged in the housing for detecting a rotational angle position [Para 0044 discloses throttle position signal] of the output gear, which detection unit comprises a magnet (28) arranged on a rotary axle (16) of the output gear and a magnetic field sensor unit (26,32) having a magnetic field sensor which is designed to detect a magnetic field of the magnet (device is Hall Effect Para 0032), wherein the housing trough (12) of the housing has a receiving region (space inside 12) in which the magnetic field sensor unit is arranged (Fig 1) such that the rotary axle of the output gear extends through (AA) the magnetic field sensor of the magnetic field sensor unit.
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Regarding Claim 10, Keefover discloses the actuating drive according to claim 1. Keefover further discloses further comprising an annular plain bearing element (18) for mounting the output gear (20) such that it can rotate about the rotary .
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 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.
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.
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.
Claims 2-6,8 are rejected under 35 U.S.C. 103 as being unpatentable over Keefover in view of Wayama et al (US20010037794A1), hereinafter Wayama.
Regarding Claim 2, Keefover discloses the actuating drive according to claim 1. Keefover further discloses wherein the receiving region (space inside 12) is delimited by an wall (12) which extends from the bottom of the housing trough (12 base) but does not explicitly disclose annular wall which extends from the bottom of the housing trough and into the interior of the housing and runs concentrically around the rotary axle of the output gear.
Wayama discloses (Figs 3-4) annular wall (85,83,84) which extends from the bottom (84 is in contact with 16) of the housing trough (16) and into the interior (Fig 4) of the housing and runs concentrically around the rotary axle (AA) of the output gear (12).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have formed actuating drive of Keefover with annular wall structure of Wayama in order to have proper locating features for the position sensor.
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Regarding Claim 3, Keefover discloses the actuating drive according to claim 1. Keefover further discloses wherein the magnetic field sensor unit (26.32) comprises a
Wayama discloses a circular circuit board (Fig 4, 84 is substantially circular).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have formed actuating drive of Keefover with circular circuit board of Wayama in order to match with the overall circular geometry related to rotation of rotor and magnet thereby optimizing space required.
Regarding Claim 4, Keefover in view of Wayama discloses the actuating drive according to claim 3. Keefover in view of Wayama further discloses wherein the circular (Wayama,84) rigid circuit board (Keefover,32) of the magnetic field sensor unit (26,32) is fixed (Keefover Fig 2,34 Para 0028) in the receiving region of the housing trough(12) by means of at least one
Wayama further discloses [Para 0096 discloses welding pin 86] a heat staking connection (Fig 4).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have formed actuating drive of Keefover in view of Wayama with heat staking connection as further taught by Wayama in order to have an inexpensive efficient fastening operation without having to use screws.
Regarding Claim 5, Keefover in view of Wayama discloses the actuating drive according to claim 3. Keefover in view of Wayama further discloses further comprising a control unit [Keefover Para 0007 discloses “A motor is operably associated with the throttle shaft for effecting the movement of the throttle shaft in response to a control signal that is inputted from an electrical connector which also distributes connections from the sensor assembly”] which comprises a rigid (all materials have some rigidity) circuit board (38)which is arranged in the housing trough (12)above (this is relative) the electric motor (40) when viewed from the bottom of the housing trough ( In Fig 1, 12 bottom is to the right and 38 is above 40).
Regarding Claim 6, Keefover in view of Wayama discloses the actuating drive according to claim 3. Keefover in view of Wayama further discloses further comprising a flexible circuit board (Keefover, 36) which electrically connects the rigid circuit board of the control unit (Keefover,38) to the circular (combination with Wayama,84) rigid circuit board (Keefover,32)of the magnetic field sensor unit (26,32).
Regarding Claim 8, Keefover in view of Wayama discloses the actuating drive according to claim 6. Keefover in view of Wayama further discloses wherein the rigid circuit board of the control unit (Keefover,38) , the circular rigid circuit board (combination with Wayama,84) (Keefover,32) of the magnetic field sensor unit(26,32) and the flexible circuit board (36) are integrally formed as a rigid-flex circuit board (Fig 2 indicates32,36,38 as an integrated assembly)[Keefover,Para 0030 discloses the advantage of flexible interconnect for assembly].
Allowable Subject Matter
Claims 7,9 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:
Claim 7 recites “The actuating drive according to claim 6, wherein the flexible circuit board is guided from the rigid circuit board of the control unit to the bottom of the housing trough and along the bottom of the housing trough to the circular rigid circuit board of the magnetic field sensor unit”. In Keefover, flexible circuit board 36 is within trough but not guided along bottom of trough. In Wayama, circuit board does not have flexible part similar to Keefover but is guided along trough of cover 16. Therefore Claim 7 is allowable.
Claim 9 recites “The actuating drive according to claim 6, wherein the flexible circuit board is fixed in position in a region between the rigid circuit board of the control unit and the circular rigid circuit board of the magnetic field sensor unit by means of at least one heat-staking connection on the bottom of the housing trough”. In Keefover, there is no disclosure of heat staking of flexible circuit board 36. Therefore Claim 9 is allowable.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Hirabayashi et al (US20210203208A1) discloses relevant structure of flex circuit between motor and sensor.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to VISWANATHAN SUBRAMANIAN whose telephone number is (571)272-4814. The examiner can normally be reached Monday - Friday 8:30 am - 5:00 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Christopher M Koehler can be reached at 5712723560. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/VISWANATHAN SUBRAMANIAN/Examiner, Art Unit 2834
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