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
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 4/7/2025 has been considered by the examiner.
Claim Rejections - 35 USC § 112
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 1-20 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.
Claim 1 recites “a sensor that faces a magnet mounted on a support coupled to the second end…” which is unclear and renders the claims indefinite. Specifically, it is unclear if the magnet or the sensor is mounted on the support and coupled to the second end of the main shaft.
Claim 8 recites “the inner ring of the rolling bearing” and “the outer ring of the rolling bearing” which lack antecedent basis in the claims.
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.
(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.
Claim(s) 1-4, 8, 11-12, 15, 17 and 19, as best understood, is/are rejected under 35 U.S.C. 102(a)(1)/(a)(2) as being anticipated by Shimizu (USPN 9,273,766).
Shimizu discloses an electromechanical actuator comprising: an electric motor (3) housed in a housing (2,13), the electric motor acting on a torque output element (16) [able to be coupled to an element of a transmission gearbox of a motor vehicle] (16 capable of being coupled to an element of a transmission gearbox of a motor vehicle via at least element 7), the torque output element being connected to the electric motor by drive means (4,5), the torque output element being a main shaft (16 can be considered a main shaft) configured to rotate about its axis of rotation with a first end (end where 5 is located) and a second end (opposite end from where 5 is located), the actuator further comprising an electronic board (24) situated inside the housing the electronic board comprising a sensor (24 includes sensor, see column 7 line 63 – column 8 line 5) that faces a magnet (23) mounted on a support (21) coupled to the second end of the main shaft by means of a first rotary-linear mechanism (7/16/17 convert rotary to linear motion and through these components, 21 is considered coupled to the second end of 16); the main shaft is connected to the electric motor by means of a pinion-wheel system (4,5) so as to rotate the main shaft; wherein the first rotary-linear mechanism is coupled (via 9) to a surface (14) of the housing in order to perform an anti-rotation function; wherein the first rotary-linear mechanism is associated with the magnet support by a cam-slot system (9/20a see Fig. 4); and the main shaft is guided in rotation by a rolling bearing (where 18 is indicated in Fig. 1), the inner ring (see Fig. 1) of the rolling bearing being in contact (see Fig. 1) with the main shaft and the outer ring (18) of the rolling bearing being in contact (see Fig. 1) with the housing and a flange (10) fixed to the housing.
Claim Rejections - 35 USC § 103
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.
Claim(s) 5, 13 and 18, as best understood, is/are rejected under 35 U.S.C. 103 as being unpatentable over Shimizu (USPN 9,273,766) in view of Kanda (US 2021/0381566).
Shimizu discloses the claimed invention, except for a second rotary-linear mechanism coupled to the first end of the main shaft.
Kanda discloses a second (222) rotary-linear mechanism coupled to opposite ends of a main shaft, in addition to a first (221) rotary-linear mechanism, in order to provide a load sensing device to the actuator.
It would have been obvious to one having ordinary skill in the art at the time the application was filed to have modified the device of Shimizu to have a second rotary-linear mechanism, in order to allow for sensing of the load on the actuator.
Claim(s) 9, as best understood, is/are rejected under 35 U.S.C. 103 as being unpatentable over Shimizu (USPN 9,273,766) in view of Shimizu et al. (USPN 11,804,751).
Shimizu discloses the claimed invention, except for where the bearing is a double-row ball bearing.
Shimizu et al. discloses an electromechanical actuator where a main shaft (17) is supported by a double-row ball bearing (14).
It would have been obvious to one having ordinary skill in the art at the time the application was filed to have modified the actuator of Shimizu to have a double-row ball bearing, in order to better support the main shaft.
Claim(s) 10, 16 and 20, as best understood, is/are rejected under 35 U.S.C. 103 as being unpatentable over Shimizu (USPN 9,273,766) in view of Shimizu et al. (USPN 11,804,751).
Shimizu discloses the claimed invention, including wherein the electric motor comprises a front face (end where 4 is located) facing toward the drive means and a rear face (end opposite of where 4 is located).
Shimizu does not disclose that the housing comprises a removable blanking plug at the rear of the electric motor.
Shimizu et al. discloses a removable blanking plug (62) at the rear of the electric motor (5).
It would have been obvious to one having ordinary skill in the art at the time the application as filed to have modified the actuator of Shimizu to have a removable blanking plug, in order to provide for access to the internals of the motor for maintenance, without the need to completely remove the motor from the rest of the actuator.
Allowable Subject Matter
Claims 6-7 and 14 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JAKE COOK whose telephone number is (571)272-5968. The examiner can normally be reached M-F 8:00-4:00 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Minnah Seoh can be reached at (571) 270-7778. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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JAKE COOK
Primary Examiner
Art Unit 3618
/Jake Cook/Primary Examiner, Art Unit 3618