Patent Application 18329391 - LOAD SENSOR - Rejection
Patent Application 18329391 - LOAD SENSOR
Title: LOAD SENSOR
Application Information
- Invention Title: LOAD SENSOR
- Application Number: 18329391
- Submission Date: 2025-05-20T00:00:00.000Z
- Effective Filing Date: 2023-06-05T00:00:00.000Z
- Filing Date: 2023-06-05T00:00:00.000Z
- National Class: 073
- National Sub-Class: 862626
- Examiner Employee Number: 86527
- Art Unit: 2852
- Tech Center: 2800
Rejection Summary
- 102 Rejections: 1
- 103 Rejections: 2
Cited Patents
The following patents were cited in the rejection:
Office Action Text
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 Interpretation
the limitation “a form of change in capacitance between the electrically-conductive elastic body and the electrically-conductive member associated with change in the load becomes close to that of a straight line” is being interpreted to mean that when capacitance vs. load is plotted graphically (such as in Fig. 5), the slope of the line is linear/a straight line (also see the Spec at pars. [0048]-[0051]).
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 1-11 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.
The term “a form of change…becomes close to that of a straight line” (emphasis added) in claim 1 is a relative term which renders the claim indefinite. The term “becomes close to” 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 (in other words, “becomes close to that of a straight line” does not define how close to a straight line the form becomes).
The examiner suggests the following amendment:
“…is substantially linear.”
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.
Claims 1 and 9-10 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Moriura et al. (U.S. Pub. 2019/0277713).
Regarding claim 1, Moriura discloses (Figs. 1-13) a load sensor (see pars. [0002], [0011], and [0040]) comprising:
a first base member 11/11a ([0041], [0047], [0090]) and a second base member 14/11b (pars. [0071 and [0090]) disposed so as to face each other (as shown in Figs. 1 and 4);
an electrically-conductive elastic body (surface of 11/11a: see Figs. 1 and 4) disposed on an opposing face of the first base member (i.e. facing the wire 12: see Figs. 1 and 4);
an electrically-conductive member 12 [0057] disposed between the second base member 14/11b and the electrically-conductive elastic body 11/11a (as shown in Figs. 1 and 4);
a dielectric body 13 [0064] disposed between the electrically-conductive elastic body 11/11a and the electrically-conductive member 12 (as shown in Figs. 1 and 4); and
a component configured to change a contact area of the dielectric body in association with increase in a load (as shown in Fig. 1B; [0042]-[0043]), such that a form of change in capacitance between the electrically-conductive elastic body and the electrically-conductive member associated with change in the load becomes close to that of a straight line (see pars. [0216]-[0217] and [0232]).
Regarding claim 9, Moriura discloses (Figs. 1-13) the electrically-conductive member 12 is a wire member [0057] that is electrically conductive [0057].
Regarding claim 10, Moriura discloses (Figs. 1-13) the dielectric body 13 is set so as to cover a surface of the wire member (as shown in Figs. 1 and 4; [0064]).
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.
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.
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Moriura et al. (U.S. Pub. 2019/0277713).
Regarding claim 4, Moriura is applied as above, but does not disclose the dielectric body is provided with a cutout in an initial contact region.
However, such a modification would be merely a change in shape of the dielectric body, which is obvious – see MPEP 2144.04(IV)(B).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify Moriura’s device so that the dielectric body is provided with a cutout in an initial contact region.
Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Moriura et al. (U.S. Pub. 2019/0277713) in view of Sawada et al. (JP 2020-071061, cited on Applicant’s IDS, full machine translation attached).
Regarding claim 11, Moriura is applied as above, but does not disclose the electrically-conductive member is a member that is electrically conductive and that has a spherical surface shape.
Sawada the electrically-conductive member 5 (bottom p. 3) is a member that is electrically conductive and that has a spherical surface shape (hemispherical: top p. 4).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify Moriura’s device so that the electrically-conductive member is a member that is electrically conductive and that has a spherical surface shape, as taught by Sawada.
Such a modification would prevent cracks (Sawada: top-middle p. 4).
Allowable Subject Matter
Claims 2-3 and 5-8 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 Benjamin Schmitt, whose telephone number is (571) 270-7930. The examiner can normally be reached M-F | 8:30-5:00.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Walter Lindsay can be reached at (571) 272-1674. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/BENJAMIN R SCHMITT/Primary Examiner, Art Unit 2852
