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 .
35 USC 102 rejections
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, 5-10, 15 is/are rejected under 35 U.S.C. 102(a1) as being anticipated by US 10,581,345 (Patel).
Regarding independent claim 1, Patel (paragraphs [0002], [0008] and [0031]-[0034]; figures 1 and 2) discloses an actuator assembly 200, comprising an actuator element 202, wherein the actuator element comprises a magnetic shape memory alloy, and wherein a region of the actuator element has a first length in a first direction, if the region is penetrated by a magnetic field in the first direction, and has a second length in the first direction, different from the first length, if the region is penetrated by a magnetic field in a second direction that is perpendicular to the first direction (note (paragraph [0033]; figure 2C) discloses that the actuator element 202 is deformed by a magnetic field perpendicularly to the (rod-shaped) extension direction (= first direction). The magnetic field passes through it in the first direction, and the rod-shaped actuator element assumes a first state (= first length); has a second length in the first direction, which second length is different from the first length, if a magnetic field passes through the region in a second direction that is perpendicular to the first direction; Patel (paragraph [0034]; figure 2D) discloses that the actuator element 202 is deformed along the arrow by a magnetic field along this direction. The magnetic field passes through the actuator in a second direction (= along the extension direction) and this actuator assumes a preloaded state (= second length)) ; a first flux generating device 201 for generating a magnetic flux; a second flux generating device 201 for generating a magnetic flux; a control device (note paragraph 42 of Patel for “control electronics” which is designed to control the first flux generating device 201_top and/or the second flux generating device 201_bottom according to a first operating state (paragraph [0033]) and a second operating state (paragraph [0034]) such that - in the first operating state, a first magnetic flux (figure 2C); arrow at 202 indicates the direction passes through the actuator clement 202 in the first direction, and - in the second operating state, (paragraph [0034]) a second magnetic flux passes through the actuator element 202 in the second direction ) configured to control the first flux generating device and/or the second flux generating device according to a first operating state and a second operating state, such that - in the first operating state, the actuator element is penetrated by a first magnetic flux in the first direction, and in the second operating state, the actuator element is penetrated by a second magnetic flux in the second direction; and- a pole shoe element which is configured to guide the first magnetic flux in the first direction through the actuator element or is configured to guide the second magnetic flux in the second direction through the actuator element, wherein the pole shoe element is provided as a magnetically anisotropic pole shoe element ((figures 2A, 2C and 2D of Patel) implicitly discloses, through the yoke arrangement of the coils in figure 2A and the directed magnetic fields in figures 2C and 2D, that a shape-anisotropic pole shoe element, as claimed, is present. It is noted that it is also generally known for coils (e.g. in transformers) to use a laminated electrical sheet comprising an iron-silicon alloy and having a grain orientation (= magnetically anisotropic material) to guide magnetic fluxes).
Regarding dependent claims 5-10, Patel discloses (figures 2C and 2D) a rod-shaped actuator element having 4 coils/flux generating devices, which use a shape-anisotropic yoke arrangement to guide the magnetic flux in such a way that a deformation in the longitudinal direction of the rod-shaped actuator is generated by a suitable connection of at least two flux generating devices in each case.
Regarding claim 15, Mullner discloses (figures 2C and 2D; paragraph [0042]) discloses an assembly of an actuator and associated control of the actuator: "actuator bi-directional displacement is controlled through a computer by changing the current direction in the coils as described above". According to figures 2C and 2D, the method thus includes assuming two different shapes of the actuator by magnetic fields generated by coils being passed through in a first direction and a direction perpendicular to the first direction.
Claim(s) 1, 5-10, 12-14 is/are rejected under 35 U.S.C. 102(a1) as being anticipated by US 2021/0082604 (Mullner).
Regarding independent claim 1, Mullner ((paragraph [0006]; figures 1, 2, 4A and 4B)) discloses an actuator assembly, comprising an actuator element 100, wherein the actuator element comprises a magnetic shape memory alloy 102, and wherein a region of the actuator element (paragraph [0006]: " magnetic field actuation system that may use one or more permanent magnets to induce a contracted region within an MSM (magnetic shape memory) element) has a first length (at 312) in a first direction, if the region is penetrated by a magnetic field in the first direction, and has a second length in the first direction, different from the first length, if the region is penetrated by a magnetic field in a second direction that is perpendicular to the first direction (note (figure 4C) shows the actuator element at 312 in the non-deformed state. This corresponds to the first length. The arrow direction of 404 corresponds to the first direction. The magnetic field 402 passes through the first direction (= 402 at 312. - has a second length (at 312) in the first direction 404, which is different from the first length, if a magnetic field passes through the region in a second direction which is perpendicular to the first direction; Mullner (figure 4A) shows the actuator element at 312 in the deformed state. This corresponds to the second length. In this case, the magnetic field 402 lies along the direction 404 (= 402 II 404). This is perpendicular to the magnetic field that passes through the actuator in the first direction) ; a first flux generating device 106 for generating a magnetic flux; a second flux generating device 108 for generating a magnetic flux; a control device (302) configured to control the first flux generating device and/or the second flux generating device according to a first operating state (= no deformation at 312) and a second operating state (= deformation at 312), such that in the first operating state, the actuator element 102 is penetrated by a first magnetic flux 402, 404 in the first direction, and in the second operating state, the actuator element is penetrated by a second magnetic flux 402, 404 in the second direction; and- a pole shoe element 110 & 112 which is configured to guide the first magnetic flux 402 in the first direction through the actuator element or is configured to guide the second magnetic flux in the second direction through the actuator element, wherein the pole shoe element 110 & 112 is provided as a magnetically anisotropic pole shoe element.
Regarding dependent claims 5, 6, 7, 12, 13, 14, Mullner (figures 2, 3, 4A; paragraph [0030]) discloses an actuator having three pole shoe elements which guide the magnetic fluxes due to the provided shape anisotropy. The pole shoe elements are provided on opposite sides along the first direction and form a common virtual element for the second direction. The coils at 106 and 108 each generate an independent magnetic flux at the actuator element. Furthermore, a permanent magnet is located in the field path of the coils, which generates a magnetic preload.
35 USC 103 rejections
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 2-3 are rejected under 35 U.S.C. § 103 as being unpatentable over US 10,581,345 (Mullner) in view of US 2006/0144472 (Ullakko). Mullner teaches all the claimed subject matter as set forth above in the rejection of claim 1 but still does not teach that: 1) the pole shoe elements are made of a laminate (claim 2), and 2) the pole shoe elements are made of a magnetically anisotropic material. Ullakko (paragraph [0076]) describes, with regard to this feature of the yoke/pole shoe element, that the "yoke may be composed of electrically insulated sheets of a ferromagnetic material to reduce eddy current losses caused by alternating magnetic field" in a similar actuator assembly to that shown in Ullakko (figure 2), and the same advantages of reduced loss as the present application; Ullakko further (paragraph [0123]) describes, with regard to this feature of the material, that for one embodiment of D3, the yoke/pole shoe element is made of "grain-oriented steel, because changing-flux path has the same orientation as the grain orientation" in a similar actuator assembly to that shown in Ullkako (figure 2), and the same advantages of a guided magnetic flux as the present application. It would have been obvious at the time the invention was made to one of ordinary skill in the art at the time the claimed invention was filed to laminate in the actuator assembly of Mullner as taught by Ullakko to be a routine design measure for solving the stated problem, especially since this is common practice for coil cores, and to use magnetically anisotropic material in Mullner as taught by Ullakko for the purpose of activating the device easily with that magnetic material.
Allowable Subject Matter and Reasons for Allowance
Claims 4 and 11, 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.
In claim 4, the recitation of “the additional use of a wedge-shaped flux guide element with the aim of optimizing the respective lateral magnetic flux guides in the MSMA element,”; in claim 11, the recitation of “two permanent magnets are used as the second flux generating element, instead of two coils”, as within the context of the claimed invention as disclosed and within the context of the other limitations present in claims 4, 11, are neither disclosed by a single prior art reference nor rendered obvious by a combination of prior art references. Thus, claims 4, 11 and their dependent claims are allowable.
Prior Art of Record
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US 2015/0207059, US 2013/0002057, US 2019/0304651, Ollila, Sutter, and Schiepp disclose magnetic actuators comprising flux generators .
Conclusions
Any inquiry concerning this communication or earlier communications from the Examiner should be directed to Examiner Nguyen whose telephone number is (571) 272-4861. The examiner can normally be reached on Monday--Thursday from 9:00 AM to 7:00 PM.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Mark Laurenzi, can be reached on (571) 270-7878.
The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/HOANG M NGUYEN/Primary Examiner, Art Unit 3746
HOANG NGUYEN
PRIMARY EXAMINER
ART UNIT 3746
Hoang Minh Nguyen
9/22/2026
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