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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 11/7/2025 has been entered.
Response to Arguments
Applicant’s arguments with respect to the claim(s) have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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 12 and 13 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 12, “an angle of contact” has previously established antecedent basis within claim 1.
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 (i.e., changing from AIA to pre-AIA ) 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.
Claim(s) 1, 12, and 13 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Appleton (US 3,650,178).
Regarding claim 1, Appleton discloses a Computer Numerical Control (CNC) machine, including a computer numerical controller (see at least Col. 1, lines 21-35 and Col. 2, lines 29-34), the CNC machine comprising:
a tool spindle for holding and actuating a tool for contacting a workpiece (see spindle 69 or 71, as well as Figure 1 regarding the top surface 12 on which a workpiece may be fixed, and the tool shown in Figure 1; see also Col. 4, lines 19-21);
a support frame comprising
an X-direction support frame comprising at least a first frame element and a second frame element (wherein Appleton provides a y axis support frame comprising at least a D-shaped cross member 34 supported by extensions 43; see Col. 3, lines 1-53; i.e. the claimed x-direction is analogous to the prior art’s y-direction),
a Y-direction support frame (see at least the ways 11, i.e. a support frame element extending in the x-direction), and
a Z-direction support frame movably mounted to the X-direction support frame so as to be selectively movable along the X-direction support frame in an X-direction (see one of saddle 24, spindle holder 28, and support member 60; wherein the saddle member 24 supports the spindle holder 28 and support member 60, and is movably mounted to the cross member 34 and along the y-direction; see also Col. 2, lines 59-75; see also Col. 3, lines 16-52, Col. 4 lines ), the Z-direction support frame carrying the tool spindle (wherein saddle 24 carries spindle holder 28 and tool spindle; see Col. 2, lines 59-65), the tool spindle being coupled to the first frame element and the second frame element (see Figures 1-3; wherein the spindle is coupled to the y-axis support elements 34, 43);
at least one angle adjustment actuator, coupled to the support frame and the spindle for deflecting an angle of contact of the tool to the workpiece by moving the first frame element and the second frame element relative to one another (wherein the extension 43 is fixed against tilting about the y axis and D-shaped member 34 is free to tilt about the y-axis when servo motor 39 drives rotation of the D-shaped member 34 to tilt about the y-axis; see Col. 3, lines 1-53);
a motion actuator for causing movement of the tool spindle and tool (see at least Col. 3, lines 1-34 and 62-66, and Col. 4, lines 1-29); and
an electronic controller for controlling the motion actuator (see control unit 13, Col. 2, lines 29-34).
Regarding claim 12, Appleton discloses the claimed invention as applied above, wherein Suckert further discloses, wherein the Z-direction support frame is mounted to the first frame element and the second frame element such that moving the first and second frame elements relative to one another alters an angular orientation of the Z-direction support frame support frame so as to deflect an angle of contact of the tool to the workpiece (wherein as can be seen by the phantom lines of Figure 2, saddle 24 is mounted either directly or indirectly to one of the cross shaped member 34 and fixed member 43 such that the angular orientation of the saddle 24 changes; see also Col. 3, lines 1-54).
Regarding claim 13, Appleton discloses the claimed invention as applied above, wherein Suckert further discloses wherein the first frame element and the second frame element comprise guides for guiding movement of the X-direction support frame in the X-direction (wherein D shaped member 34 is a part of cross-beam 22, and wherein extension 43 acts as a connection guide to the gantry 17).
Allowable Subject Matter
Claims 2-5 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.
Regarding claim 2, modifying Appleton to meet the requirements of the claimed invention, i.e. the multiple angle adjustment actuators and upper and lower frame elements, would require extensive alterations that would alter the configuration of how movement takes place, and would not be considered obvious. Dependent claims 3-5 and 11 inherit the allowable subject matter of dependent claim 2.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MAKENA S MARKMAN whose telephone number is (469)295-9162. The examiner can normally be reached Monday-Thursday 8:00 am-6:00pm.
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/MAKENA S MARKMAN/Primary Examiner, Art Unit 3723