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 .
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, 2 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.
Regarding claim 1: The term “ substantially ” in claim 1 is a relative term which renders the claim indefinite. The term “substantially ” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. There is no defined range or tolerance defined in the specification to define what “substantially” mean.
Regarding claim 2, the phrase "for example" renders the claim indefinite because it is unclear whether the limitation(s) following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
Allowable Subject Matter
Claims 1-20 would be allowable if rewritten or amended 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.
The closest prior arts [US Pub # 20060276300], [US Pub # 20050043878] failed to disclose method for controlling the position of movable element in a device of vehicle transmission having the following steps:
the method comprises the following steps: angularly displacing the control plate by driving the electric motor of the actuator, thus allowing the rolling element to leave the first concave portion in the direction of the second concave portion,
measuring the angular position of the torque output element of the actuator and comparing the measured value with a limiting threshold value (m)and, if the measured value is greater than the limiting threshold value. Reducing the rotating speed of the electric motor of the actuator, applying a limited current to the electric motor of the actuator. Stopping the driving of the electric motor when, cumulatively, the value of the limited current is substantially reached, the measured value of the angular position of the torque output element of the actuator corresponds substantially to the second position, and the angular speed of the torque output element is substantially zero.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ZAKARIA ELAHMADI whose telephone number is (571)270-5324. The examiner can normally be reached on M-F 10-6 EST.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Minnah Seoh can be reached on 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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/ZAKARIA ELAHMADI/
Examiner, Art Unit 3618
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