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 .
Statement re Text of U.S. Code
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Election/Restrictions
Claims 10, 13-14, and 18 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election of Group I (drawn to a “tool storage”) and of species (iii) (a third species, depicted in at least Figures 5-10, 12-13, and 15), was made in the reply filed on August 29, 2024. Applicant timely traversed the restriction (election) requirement in the reply filed on August 29, 2024.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
Specification
The specification is objected to as failing to provide proper antecedent basis for the claimed subject matter. See 37 CFR 1.75(d)(1) and MPEP § 608.01(o). Correction of the following is required: the specification does not provide antecedent basis for the term “machining area”.
Claim Rejections - 35 USC § 112
Claims 1, 3-9, 11-12, 19-20, and 22 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.
In claim 1, last five lines, the claim now sets forth “wherein the tool receiver and the tool magazine are arranged on opposite sides of the rotational axis of the workpiece holder such that the tool carriage transports the tool from the tool receiver, across a space above the workpiece holder provided in a machining area, and to the tool magazine”. However, it is unclear as set forth in the claim what is being set forth as “provided in a machining area”, e.g., the workpiece holder, the recited space above the workpiece holder, or the transporting of the tool via the tool carriage.
In claim 1, penultimate line, in the event that “provided in a machining area” is intended to refer to the workpiece holder, it is noted that the term “the workpiece holder provided in a machining area” lacks sufficient antecedent basis in the claim.
Claim Rejections - 35 USC § 103
Claims 1, 3, 7-9, and 19-20, as best understood in view of the above rejection(s) based on 35 USC 112, are rejected under 35 U.S.C. 103 as being unpatentable over DE 19510498 A1 (hereinafter, “DE ‘498”) in view of U.S. Patent Application Publication No. 2010/0323863 A1 to Ogasawara (hereinafter, “Ogasawara”).
It is noted that a machine translation of DE ‘498 was being made of record on the Notice of References Cited (PTO-892) mailed August 4, 2025. That said, attention is directed to that translation regarding any references herein to paragraph numbers, page numbers, line numbers, or the like re DE ‘498.
DE ‘498 teaches a tool storage comprising:
a tool receiver (such as the tool storage location 19 that is at the bottom of the tool storage unit 18 that is all the way at the left re Figure 1, such as the tool storage location 19 that is labeled in the annotated reproduction of Figure 1 below as TR; see the annotated reproduction of Figure 1 below as well as at least paragraph 0017, for example) “configured to” receive a tool (7) “from an outside” (as broadly claimed, note that the tools 7 had to inherently be provided to the tool storage locations 19 at some point in time, and that the tool storage locations are themselves “outside” the machine tool, noting the location of frame 1 of the machine tool as compared to the frame 17 on which 18 are provided; that said, the tool receiver is capable of receiving a tool that was, at some point in time, “outside” the machine tool simply by that tool being provided to TR, and/or by virtue of the fact that TR itself is located “outside” of the machine tool; see Figure 1 and paragraphs 0016-0017, for example) of a machine tool (such as, for example, the machine tool depicted in Figure 1 that includes at least frame 1, tool spindle 6, and workpiece table 9).
It is noted that the elected claims are directed to a “tool storage”, and it is noted that Applicant did not elect (in the response filed August 29, 2024) Group II directed to a “machine tool”. That said, it appears that claim 1, directed to a “tool storage”, merely has an intended use with the recited machine tool (e.g., “configured to receive a tool from an outside of a machine tool”, and specifically, configured to receive a tool from an outside of a machine tool that includes a workpiece holder configured to support a workpiece rotatably about a rotation axis, etc., the tool receiver being merely “configured to” be provided on a one side of a rotation axis when viewed in plan view, i.e., the tool receiver being merely capable of being provided on a one side of a rotation axis when viewed in plan view, the guide member being merely capable of longitudinally extending in the horizontal direction at a height above the workpiece holder, etc.), rather than actually requiring the specifics of the recited machine tool. That said, note that all that is necessary to meet such intended use limitations is for the tool storage of the prior art to be merely capable of being used with such a machine tool.
That said, DE ‘498 teaches that the tool receiver (TR) is configured to be used with a machine tool, such as the machine tool including a workpiece holder (9) configured to support a workpiece (8) “rotatably about a rotation axis” (see Figure 1, noting the rotation of 9/8 about a vertical axis, which rotation is labeled in the annotated reproduction of Figure 1 below as R1, indicated by the double arrow in Figure 1), the tool receiver (TR) being configured to be provided on a “one side” (such as the side S1 labeled in the annotated reproduction of Figure 1 below) of the (aforedescribed vertical) rotation axis when viewed in plan view;
a tool magazine (such as the tool storage unit 18 that is labeled at M1 in the annotated reproduction of Figure 1 below; see also paragraphs 0017 and 0019, for example) configured to be provided on another side (such as the side S2 labeled in the annotated reproduction of Figure 1 below) of the (aforedescribed vertical) rotational axis opposite to the one side (S1) when viewed in plan view; and
a tool carriage (such as 11+12) configured to carry the tool (7) (at a location that is) “between” the tool receiver (TR) and the tool magazine (M1). See Figure 1, noting that the tool carriage 11+12 is configured to “carry” (e.g., hold) the tool 7 at a location that is “between” (between in the direction along the length of guide 12, for example) the tool receiver TR and the tool magazine M1. Additionally/alternatively, noting the movement capabilities of tool carriage 11+12 along guide 12, the tool carriage 11+12 is also “configured to carry” (i.e., move) the tool 7 from the tool receiver TR to the tool magazine M1. See Figure 1 and at least paragraphs 0017 and 0019-0020, for example.
Additionally, the tool carriage (11+12) includes:
a guide member (12) that longitudinally extends “between” (such as at a location that is “between”, in the longitudinal direction of 12, the tool receiver TR and the tool magazine M1) the tool receiver (TR) and the tool magazine (M1) in a horizontal direction (e.g., the horizontal longitudinal direction of 12; see Fig. 1), and
a carrier (11) that is movable along the guide member (12) in the (aforedescribed) horizontal direction (see Figure 1 and paragraphs 0016-0017, for example),
wherein the tool receiver (TR) and the tool magazine (M1) are mutually independent components (see Figure 1, noting that TR is a “mutually” different and independent component from M1; see also paragraph 0017, for example), and
wherein the tool receiver (TR) and the tool magazine (M1) are arranged on opposite sides of the (aforedescribed vertical) rotational axis of rotation (R1) of the workpiece holder (8/9) (see Figure 1, noting that M1 is on side S2 of axis R1, and noting that TR is on side S1 of rotation axis R1) such that the tool carriage (such as 11+12) transports (i.e., is capable of transporting, as 11 moves horizontally along 12) the tool (7) from the tool receiver (TR), across a space above the workpiece holder (8/9) provided in “a” machining area (see Figure 1, noting that the workpiece holder 8/9 is provided in “a” machining area, such as an area at which the workpiece 8 shown in Figure 1 is capable of being machined via tool 7 held by tool spindle 6, for example), and to the tool magazine (M1). Note that the tool carriage is capable of performing the claimed function or intended use, simply by moving 11 along 12 and lowering the double gripper 16 and arm 15 along vertical guide 13 to a location at which the double gripper 16 can pick up a tool from TR, moving 14 (and thus 15 and 16 and the tool received from TR) vertically upward along vertical guide 13 to a position/height at which the tool held by 16 is at a height “above”/higher than the workpiece holder 8/9 (and thus, higher than “a” space thereabove, whether or not that space is in “a” machining area, such as a vertically short space that is above 8/9, for example), and moving the tool (held by 16) horizontally along 12 (while the tool remains towards an upper end of 11) until the tool (held by 16) is at a position at which the tool can be provided (via 16) to the magazine M1. See Figure 1, and see also at least paragraphs 0016-0020, for example.
[AltContent: connector][AltContent: textbox (M1)]
[AltContent: textbox (S3)][AltContent: connector][AltContent: textbox (S2)][AltContent: connector][AltContent: textbox (S1)][AltContent: connector][AltContent: connector][AltContent: textbox (R1)][AltContent: connector][AltContent: textbox (TR)][AltContent: connector]
PNG
media_image1.png
546
652
media_image1.png
Greyscale
However, DE ‘498 does not expressly teach that the guide member (12) is configured to longitudinally extend in the (aforedescribed) horizontal direction “at a height above the workpiece holder” (such as 9).
However, attention is directed to, for example, Ogasawara. Ogasawara teaches a tool storage magazine arrangement in which tools (T) are stored in a tool rack (15), and are removed from the tool rack (15) and provided to the tool rack (15) via a tool conveying device (25). See Figures 1, 3-5, and paragraph 0034, for example. The tool conveying device (25) includes a moving column, i.e., “carrier” (31) that has a carriage (to use the verbiage of Ogasawara) (35) provided thereon (paragraph 0046, as well as at least Figures 1, 4, and 5, for example). It is noted that element 35 is configured for holding and transporting a tool T (paragraph 0046, Figures 4-6). The tool conveying device (25) also includes upper and lower guide rails (27, 29) which service to guide movement of the “carrier” (31) in the horizontal longitudinal direction (X) of the rails (27, 29) when a motive power transmitting member (33) is actuated. See paragraphs 0046-0047 as well as Figures 1, 4-5, and 7-8, for example. It is further noted that the upper guide rail (27) is provided at a height that is above the top of the tool rack (15) (see Figures 1 and 1-5, for example). Additionally, it is noted that the carrier (31) is provided in “front” of the tool rack (15) so as to be able to access the tool rack (15) (see Figures 1, 4-8, for example).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have substituted the specific moving (33) and guiding (27, 29) arrangement of the “carrier” (31) (and any necessary appurtenances thereof) taught by Ogasawara for the moving and guiding arrangement of the “carrier” (11) taught by DE ‘498 for the purpose of enhancing the precision of the movements of the carrier (11) taught by DE ‘498 by providing the further guide rail located at the top of the columnar carrier (11), as would be a benefit of the additional guide rail that would be readily understood by one having ordinary skill in the art, and also noting that such modification amounts to the simple substitution of one known element (the tool-transport-column moving and guiding arrangement taught by Ogasawara) for another (the tool-transport-column moving and guiding arrangement taught by DE ‘498) to obtain the predictable result of the column/carrier of DE ‘498 being movable in the horizontal longitudinal direction of the guide rails of Ogasawara, i.e., the horizontal movement of the carrier (11) of DE ‘498 in the horizontal direction of travel (i.e., shown in Figure 1 of DE ‘498 with arrows as the horizontal direction along the length of 12) is unchanged in the modification.
Resultantly, note that DE ‘498 as so modified by Ogasawara (hereinafter, “DE ‘498/Ogasawara”) includes a guide member (at least 27 of Ogasawara, which is provided above the tool rack(s) re DE ‘498 as per Ogasawara as described above) that is configured to longitudinally extend in the horizontal direction (i.e., the longitudinal direction of 27 of Ogasawara, which is the same as the horizontal direction of travel of 11 of DE ‘498 shown in Figure 1 of DE ‘498) at a height above the workpiece holder (9 of DE ‘498). See Figure 1 of DE ‘498 and at least Figures 1 and 4-8 of Ogasawara.
Regarding claim 3, DE ‘498 teaches:
a tool exchanger (such as 16, or 16+15) configured to exchange:
a first tool (7) carried to a tool exchange position (see Figure 5 and paragraphs 0015 and 0020, for example) “using” the tool carriage (11 of DE ‘498+27/29 of Ogasawara) (see Fig. 5 of DE ‘498), and
a second tool (7) attached to a tool headstock (6) of the machine tool. (See Figures 1 and 4-6, as well as at least paragraphs 0016-0020, for example).
Regarding claim 7, DE ‘498 teaches:
the tool carriage (11 of DE ‘498, +27 or 27/29 of Ogasawara) is configured to (i.e., capable of) transfer a third tool (7) to each of the tool receiver (TR), the tool magazine (M1), and the tool exchanger (16 or 16+15) (e.g., via the appropriate movements of 11 along 12, 14 along 13, 16 about axis 29 and about the rotation axis of shaft 30; see Figures 1-6 and paragraphs 0016-0020),
wherein the (aforedescribed) tool carriage is configured to receive the third tool (7) from each of the tool receiver (TR), the tool magazine (M1), and the tool exchanger (16, or 16+15) (e.g., via the appropriate movements of 11 along 12, 14 along 13, 16 about axis 29 and about the rotation axis of shaft 30; see Figures 1-6 and paragraphs 0016-0020),
wherein each of the tool receiver (TR), the tool magazine (M1), and the tool exchanger (16, or 16+15) is configured to grip a first portion of the third tool (7), and
wherein the (aforedescribed) tool carriage is configured to hold (at least ultimately, via intervening structure) a second portion of the third tool (7) different from the first portion of the third tool (7). For example, as broadly claimed, each of the tool receiver (TR), the tool magazine (M1), and the tool exchanger (16, or 16+15) are capable of “gripping” a “first portion” of the tool (7), and the (aforedescribed) tool carriage is capable of gripping (at least ultimately, via intervening structure) a “second portion” of the tool, noting that the tool in its entirety is gripped/held by each of the aforementioned entities, and thus plural “portions” of the tool are gripped by all of the aforementioned entities, and thus, a first “portion” (whether molecule, or larger segment/”portion”), a second portion (different than the first), a third portion (different than the first and second), of the tool etc. are all capable of being gripped by all of the aforementioned entities, as broadly claimed.
Regarding claim 8, the tool receiver (TR of DE ‘498) comprises
a tool support member (i.e., the portion of 19, of TR, that supports the tool 7; see Figure 1 and paragraph 0017 of DE ‘498, for example) configured to support the tool (7), and
a driver (the inherently-present driver of some sort that achieves the automatic rotation of the partial storage units 18, described in at least paragraph 0010 of DE ‘498) configured to move the (aforedescribed) tool support member between a first position (i.e., about the vertical rotation axis of the element 18 in which TR, and thus the tool support member, is located) and a second position (i.e., a further position about the vertical rotation axis of the element 18 in which TR, and thus the tool support member, is located).
Regarding claim 9, a carrying “passage” (i.e., path, insofar as such path in the present application is a “passage”) along which the (aforedescribed) tool carriage (11 of DE ‘498 and the guide rails 27 or 27+29 of Ogasawara) is configured to carry the tool (7 of DE ‘498) is provided above, in a height direction of the machine tool, a first position (e.g., the position of the lowest 19 of the leftmost 18 in Figure 1 of DE ‘498, when 18 has been rotated to a position at which TR is “facing away” from the viewer of Figure 1, i.e., to a position at which TR is located on the side of 18 labeled above as “S3”, for example) at which the tool receiver (TR) is configured to receive the tool (7) “from the outside of the machine tool” (as broadly claimed). See Figure 1 of DE ‘498, noting that the height of 11 is sufficient such that the path along which the top of 11 passes as 11 is moved along guide 12 (as described previously) is above, in a height direction, the aforedescribed “first position” of TR. See Figure 1 of DE ‘498.
Regarding claim 19, the tool receiver (TR of DE ‘498) is configured to be entirely provided on the one side (S1) of the (vertical) rotation axis (of 9 and 8) when viewed in plan view. See the annotated reproduction of Figure 1 of DE ‘498 above.
Regarding claim 20, the tool magazine (M1 of DE ‘498) is configured to be entirely provided on the another side (S2) of the (vertical) rotation axis (of 9 and 8) when viewed in plan view. See the annotated reproduction of Figure 1 of DE ‘498 above.
Claims 4-5, as best understood in view of the above rejection(s) based on 35 USC 112, are rejected under 35 U.S.C. 103 as being unpatentable over DE 19510498 A1 (hereinafter, “DE ‘498”) in view of U.S. Patent Application Publication No. 2010/0323863 A1 to Ogasawara (hereinafter, “Ogasawara”) as applied to at least claims 1 and 3 above, and further in view of U.S. Pat. No. 3,256,600 to Swanson et al. (hereinafter, “Swanson”).
DE ‘498 in view of Ogasawara teaches all of the aspects of the presently-claimed invention as were discussed in the above rejection(s) based thereon.
Additionally, regarding claim 4, DE ‘498 teaches that the tool exchanger (16, or 16+15) comprises
a first arm (such as, for example, the “arm” of 16 that is to the right of rotation axis 29 in Figure 3, or alternatively, the “arm” of 16 that is to the left of rotation axis 29 in Figure 3) comprising a first gripper (one of the shown grippers 37) (Figures 1-6, and paragraphs 0017-0018, for example),
a second arm (such as, for example, the other of the two arms of 16, i.e., one of such arms constitutes a “first” arm, and the other constitutes a “second” arm) comprising a second gripper (the other 37) (Figures 1-6 and paragraphs 0017-0018, for example),
a swing motion driver (including, for example, motor 33; see Figure 2 and paragraphs 0018 and 0020) configured to swing the (aforedescribed) first arm and the (aforedescribed) second arm about a first axis (29) (see Figures 1-6 and paragraphs 0017-0018, and 0020, for example), and
a linear motion driver (the travel drive re the disclosed movement of 11 along guide 12; see Figure 1, as well as at least paragraphs 0016-0017 and 0020) configured to move the (aforedescribed) first arm and the (aforedescribed) second arm linearly in a direction (along the length direction of guide 12, which is parallel to the rotation axis of the tool spindle 6) along the first axis (29) (Figures 1-6 and paragraphs 0017-0020).
However, DE ‘498 (in view of Ogasawara) does not expressly teach that the first arm and the second arm of the tool exchanger 16 or 16+15 are “arranged in a V shape” as set forth in claim 4.
However, attention is directed to Swanson. Swanson teaches an automatic tool transfer device including a rotary tool transfer arm device 46 that is provided with four grippers 80, 81, 82, 83, wherein each gripper has a respective pair of spring-loaded fingers for gripping a corresponding tool. See Figure 1, as well as at least col. 3, lines 44-48, as well as col. 4, lines 20-54, col. 5, lines 34, for example. Relating such to the present claim language of claim 4, Swanson teaches that the use of a tool exchanger 46 having four “arms”, with each of the arms having its own respective gripper (80, 81, 82, 83; see Figure 1). Note that each two circumferentially adjacent ones of the arms forms a “V”, as can be seen in Figure 1.
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have provided the tool exchanger 16 or 16+15 of DE ‘498 (re DE ‘498 in view of Ogasawara) with four arms, each comprising a respective gripper, as taught by Swanson, for the purpose of providing increased versatility in the size of the tools that are able to be handled by DE ‘498’s tool exchanger 16 or 16+15, as taught by Swanson (see Swanson, col. 1, lines 31-33, as well as col. 4, lines 20-54).
Additionally, regarding claim 5, DE ‘498 teaches that the tool exchanger (16 or 16+15) further comprises a “first member” (such as leg 21 of 15) “different from” the (aforedescribed) second arm {i.e., such as one of the aforedescribed arms of the tool changer of DE ‘498 in view of (Ogasawara and) Swanson},
wherein the (aforedescribed) second arm rotates about the first axis (29) together with the (aforedescribed) first arm (i.e., an adjacent one of the aforedescribed arms of the tool changer of DE ‘498 in view of Swanson), and
wherein the first member (21) is provided at a position where the first member (21) “interferes with” (when viewed along axis 29) an imaginary circle drawn by the first arm when the first arm makes an imaginary 360-degree rotation about the first axis (29). See Figures 1-2 of DE ‘498.
Claim 11-12, as best understood in view of the above rejection(s) based on 35 USC 112, are rejected under 35 U.S.C. 103 as being unpatentable over DE 19510498 A1 (hereinafter, “DE ‘498”) in view of U.S. Patent Application Publication No. 2010/0323863 A1 to Ogasawara (hereinafter, “Ogasawara”) as applied to at least claim 1 above, and further in view of WO 2019/044956 A1 (hereinafter, “WO ‘956”).
DE ‘498 (in view of Ogasawara) teaches all of the aspects of the presently-claimed invention as were discussed in the above rejection(s) based thereon.
However, DE ‘498 (in view of Ogasawara) does not teach the housing and access openings of claims 11-12.
However, attention is directed to WO ‘956. It is noted that WO ‘956 is not in the English language. However, U.S. Patent Application Publication No. 2020/0189055 to Kimura is the national stage (filed under 35 USC 371) of the WO ‘956 PCT, and is thus being relied upon as an English language equivalent thereof. That said, for any references herein to paragraph numbers or the like re WO ‘956, attention is directed to the U.S. Patent Application Publication No. 2020/0189055 to Kimura.
WO ‘956 teaches a tool storage arrangement for storing a plurality of tools in order to supply tools to a machining area of a machining center. See paragraphs 0025-0027 and Figures 1-2 and 12, for example. A plurality of tool storage conveyance units (such as 21, 26 re Figures 1-2; such as 21, 26, and 51 re Figure 12; see at least paragraphs 0027-0030 and paragraphs 0020 and 0102-0106, for example). Regarding claim 11, all of the (aforedescribed) tool storage conveyance units are provided inside a housing (31) (see Figures 1-2 and 12, as well as at least paragraphs 0027-0028 and 0106, for example) having an access opening (any one of openings 41 or 42 re Figures 1-4, or 41, 42, and 46 re Figure 12; see Figures 1-4 and 12, as well as at least paragraphs 0037, 0046, 0048-0050, 0055-0058, 0061-0062, and 0110-0113, for example) the tool receiver (such as a tool receiver of the particular one of the tool storage conveyance units that is located proximate to the respective opening 41, 42, or 46) being provided to be accessible via the (aforedescribed) access opening (41, 42, or 46). See, for example, paragraphs 0046, 0048-0049, and 0110-0113, for example.
Additionally, regarding claim 12, WO ‘956 teaches that the housing (31) has a second access opening (any other one of the access openings 41, 42, 46 that isn’t considered the “first access opening”) through which the tool magazine (the tool storage conveyance unit that is proximate the second access opening) is accessible. See, for example, paragraphs 0046, 0048-0049, and 0110-0113, as well as Figures 1-4 and 12, for example.
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have provided the housing 31 taught by WO ‘956 that has one access opening per tool storage conveyance unit (as taught by WO ‘956) to house the plural tool storage conveyance units 18 taught by DE ‘498 (with one access opening proximate each element 18 of DE ‘498 as taught by WO ‘956) (of DE ‘498 in view of Ogasawara), with the necessary arrangements being made to permit operation of 16/15 to pick up tools from, and drop tools off to, each 18 (noting WO ‘956’s teaching of supplying tools to a machining area of a machining center in at least paragraph 0025), for the purpose of ensuring the safety of the operator (see WO ‘956, paragraphs 0059, 0061, 0063, 0112-0113, 0125, 0129, 0131, 0135, 0139, 0143, and 0145, for example).
Claim 6, as best understood in view of the above rejection(s) based on 35 USC 112, is rejected under 35 U.S.C. 103 as being unpatentable over either: (i) DE 19510498 A1 (hereinafter, “DE ‘498”) in view of U.S. Patent Application Publication No. 2010/0323863 A1 to Ogasawara (hereinafter, “Ogasawara”), as applied to at least claims 1 and 3 above, or in the alternative, (ii) DE 19510498 A1 (hereinafter, “DE ‘498”) in view of U.S. Patent Application Publication No. 2010/0323863 A1 to Ogasawara (hereinafter, “Ogasawara”), as applied to at least claims 1 and 3 above, and further in view of Applicant’s Admitted Prior Art (AAPA).
DE ‘498 in view of Ogasawara teaches all the aspects of the presently-claimed invention as were described in the above rejection(s) based thereon.
Additionally, regarding claim 6, DE ‘498 teaches:
a controller (re the control system described in paragraph 0020 of DE ‘498; see also paragraph 0010 of DE ‘498, as well as the translation of at least claim 6 of DE ‘498) “configured to control” (as broadly claimed, particularly noting that the present disclosure does not teach the use of a numerical controller programmed to carry out particular instructions or the like, but rather, merely broadly/generically teaches a “controller” that is capable of controlling the various movable elements and thus “capable” of executing first and second control modes; see, for example, paragraphs 0102-0116 of the specification as originally filed, particularly noting, for example, that paragraph 0102 teaches that “controller 90 is preferably capable of controlling the tool receiver 10 and/or the machining apparatus 30” and “is preferably capable of controlling the tool exchanger 60”, that paragraph 0103 teaches that the controller 90 “is capable of executing the first control mode by controlling the tool carriage 50 to carry the tool C from the tool receiver 10 to the tool magazine 20”, and that paragraph 0108 teaches that “controller 90 is capable of executing the second control mode by: controlling the tool carriage 50 to carry the tool C (the first tool C1) from the tool receiver 10 to the tool exchange position Pe”, for example) the (aforedescribed) tool carriage (11 of DE ‘498 and the guide rail 27 or 27/29 of Ogasawara) (such as the horizontal movement of 11 along the length of the guide, as disclosed in at least paragraphs 0017 and 0019-0020; see also Figure 1 and Figures 4-6) and the (aforedescribed) tool exchanger (16 or 16+15) (such as the movements of 16 about axis 29 via motor 33, for example; see Figures 1-6 and paragraphs 0017-0020, for example), the controller being configured to selectively execute (simply by selectively controlling the drives to make the claimed movements occur, as is the case in the present application re the disclosure of 90 being, broadly, “capable of” executing such “modes”, as discussed above)
a first control mode in which the (aforedescribed) controller is configured to control the (aforedescribed) tool carriage (and particularly, the carrier 11 thereof of DE ‘498) to carry (e.g., along the aforedescribed guide member of DE ‘498 in view of Ogasawara) a third tool (7) from the tool receiver (TR of DE ‘498) to the tool magazine (M1) (simply by appropriately controlling the various drives in order to achieve such movements), and
a second control mode in which the (aforedescribed) controller is configured to control the tool carriage (and particularly, the carrier 11 thereof of DE ‘498) to carry a fourth tool (7) from the tool receiver (TR) to the tool exchange position (shown in Figure 5 of De ‘498, as discussed above re claim 3) (simply by appropriately controlling the various drives in order to achieve such movements; see Figures 1 and 4-5, as well as paragraphs 0017-0020 of DE ‘498), and
configured to control the tool exchanger (16, or 16+15) to attach, to the tool headstock (6), the fourth tool (7) provided at the tool exchange position (which position is shown in Figure 5) (see paragraphs 0019-0020 and Figures 4-6, noting that 16 is controlled to provide a tool 7 to the tool headstock 6).
In the alternative, re claim 6, in the event that it is held that the claim requires a controller programmed or otherwise similarly configured to cause the various movements of the various claimed modes, then it is noted that DE ‘498 does teach a controller (as discussed above), and does teach that the execution of the second mode (i.e., re the last four lines of claim 6); see Figures 4-6, 1, and paragraphs 0019-0020, for example. However, while the controller is capable of causing the (aforedescribed) tool carriage (of DE ‘498 in view of Ogasawara) to carry a tool 7 from the tool receiver TR to the magazine M1 (i.e., by causing carrier 11 to move horizontally along the aforedescribed “guide member” from a position adjacent TR to a position adjacent M1 of DE ‘498), DE ‘498 does not expressly teach that the controller is programmed or otherwise similarly configured to actually cause the aforedescribed tool carriage to carry a tool 7 from TR to M1 (though it is noted that it would appear that simply moving the tool carrier 11 to a position adjacent to M1 would in and of itself be a carrying of a tool “to” the tool magazine, noting that it does not appear that actually placing the tool in the magazine is required by the claim).
That said, in the Office Action mailed August 4, 2025, the Examiner took Official Notice that it is common to have a numerical/programmable controller in control of all of the various drives of all of the moving parts of both a machining device and automatic tool exchanger arrangement therefor/thereof, and that it is additionally common for the controller to cause a movable tool carriage to move (such as while the tool spindle is carrying out a machining operation) tooling from one location in the available magazine(s)/storage locations/tool receiver(s) to another in order to re-sequence the tools into a sequence that saves operating time, such as, for example, by having the tools that are needed in a machining sequence to be sequentially located in the magazine(s), thereby saving travel time of the movable tool carriage during a tool changing operation since the tool to be next used is already stored at a location proximate to the location where the old tool is being dropped off. Note that this assertion (that it is common to have a numerical/programmable controller in control of all of the various drives of all of the moving parts of both a machining device and automatic tool exchanger arrangement therefor/thereof, and that it is additionally common for the controller to cause a movable tool carriage to move (such as while the tool spindle is carrying out a machining operation) tooling from one location in the available magazine(s)/storage locations/tool receiver(s) to another in order to re-sequence the tools into a sequence that saves operating time, such as, for example, by having the tools that are needed in a machining sequence to be sequentially located in the magazine(s), thereby saving travel time of the movable tool carriage during a tool changing operation since the tool to be next used is already stored at a location proximate to the location where the old tool is being dropped off) is taken to be admitted prior art (referred to hereinafter, as AAPA, i.e., Applicant’s Admitted Prior Art) because Applicant did not previously traverse the Examiner’s assertion. See MPEP section 2144.03, section C, for example.
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have made the controller taught by DE ‘498 (of DE ‘498 in view of Ogasawara) be configured to selectively execute a first control mode in which the controller is “configured” to control the (aforedescribed) tool carriage (and particularly, the tool carrier 11 thereof) to carry a third tool from the tool receiver TR to the tool magazine M1 of DE ‘498, as is well-known (per AAPA), for the purpose of resequencing the tooling in the storage areas of DE ‘498 (as is known per AAPA) to a sequence that saves operating time, as is well-known.
Claim 22, as best understood in view of the above rejections based on 35 USC 112, are rejected under 35 U.S.C. 103 as being unpatentable over either: (i) DE 19510498 A1 (hereinafter, “DE ‘498”) in view of U.S. Patent Application Publication No. 2010/0323863 A1 to Ogasawara (hereinafter, “Ogasawara”) as applied to at least claim 1 above, as evidenced by U.S. Patent Application Publication No. 2007/0048101 to Beteille (hereinafter, “Beteille”), or, in the alternative, (ii) DE 19510498 A1 (hereinafter, “DE ‘498”) in view of U.S. Patent Application Publication No. 2010/0323863 A1 to Ogasawara (hereinafter, “Ogasawara”) as applied to at least claim 1 above, and further in view of U.S. Patent Application Publication No. 2007/0048101 to Beteille (hereinafter, “Beteille”).
DE ‘498 (in view of Ogasawara) teaches all of the aspects of the presently-claimed invention as were discussed in the above rejection(s) based thereon.
As was noted above, it is noted that the elected claims are directed to a “tool storage”, and it is noted that Applicant did not elect (in the response filed August 29, 2024) Group II directed to a “machine tool”. That said, it appears that claim 1, directed to a “tool storage”, merely has an intended use with the recited machine tool (e.g., “configured to receive a tool from an outside of a machine tool”, and specifically, configured to receive a tool from an outside of a machine tool that includes a workpiece holder configured to support a workpiece rotatably about a rotation axis, etc., the tool receiver being merely “configured to” be provided on a one side of a rotation axis when viewed in plan view, i.e., the tool receiver being merely capable of being provided on a one side of a rotation axis when viewed in plan view, the guide member being merely capable of longitudinally extending in the horizontal direction at a height above the workpiece holder, etc.), rather than actually requiring the specifics of the recited machine tool.
That being said, it is noted that claims 22 and 23 merely recite a more specific intended use of the tool storage, i.e., capable of use with a machine tool in which “the rotation axis of the workpiece holder is horizontal” re claim 22, and wherein the tool carriage is capable of “cross[ing] above the rotation axis of the workpiece holder” of a machine tool re claim 23.
As discussed above, note that all that is necessary to meet such intended use limitations is for the tool storage of the prior art to be merely capable of being used with such a machine tool (having such a configuration of workpiece holder rotation axis).
It is noted that DE ‘498 teaches that the tool storage has its own base frame (17) provided adjacent that base frame (1) of the machine tool that is shown in Figure 1. See Figure 1 and paragraph 0017 of DE ‘498 as well as the translation of claim 20 of DE ‘498, which teaches that the guide (12 of DE ‘498, which in DE ‘498/Ogasawara has been replaced with the guide(s) of Ogasawara) can be arranged on a still further/separate frame, or can be arranged on, for example, the frame (17).
That said, while DE ‘498 does not expressly teach that the tool storage is used with a machine tool in which the rotation axis of the workpiece holder is horizontal as set forth in claim 22, or that the tool carriage is capable of “cross[ing] above the rotation axis of the workpiece holder” as set forth in claim 23, it is considered to be inherent, at least by virtue of the separate frame (17) of the tool storage of DE ‘498, that the tool storage of DE ‘498 can be used with a machine tool having a workpiece holder whose rotation axis is configured as set forth in claims 22-23, as evidenced by at least Beteille.
Beteille teaches a machine tool M (paragraphs 0001, 0037-0038) having a (horizontal as shown) tool/tool holder “O” that is movable in three orthogonal axes (labeled in Figure 1 as X, Y, Z) relative to a rotatable workpiece holding table 100 that is configured to hold and rotate a workpiece about an axis labeled in Figures 1-2 as A (which axis A is parallel to the horizontal X axis, which is shown as being perpendicular to the horizontal longitudinal axis of the tool/tool holder O). See Figures 1-2 and at least paragraphs 0037-0040, for example.
Note that Beteille is evidence that the tool storage of DE ‘498 (as modified by Ogasawara, as described above) is capable of use with a machine tool having a configuration meeting the limitations of at least (claims 1 and) 22 and 23. For example, the tool storage (having base 17) of DE ‘498 (as modified by Ogasawara in the manner described above) is inherently capable of being placed (via moving the separate base thereof on which the horizontal A1 direction guide of DE ‘498 in view of Ogasawara is located per DE ‘498 as described above via, for example, a fork truck or a gantry crane) adjacent to a machine tool M as taught by Beteille such that the horizontal axis labeled as Z in Figure 1 of Beteille extended in the same direction as the horizontal direction of DE ‘498 labeled in the annotated reproduction of Figure 1 below as “A1”, such that the horizontal axis labeled as X in Figure 1 of Beteille extended in the same direction as the horizontal direction of DE ‘498 labeled in the annotated reproduction of Figure 1 below as “A2”, and such that the vertical axis labeled as Y in Figure 1 Beteille extended in the same direction as the vertical direction of DE ‘498 labeled in the annotated reproduction of Figure 1 below as “A3”, such that the horizontal tool holder O of Beteille is located (relative to the tool storage) comparably to where column 3 and tool spindle 6 of DE ‘498 are shown in Fig. 1 of DE ‘498, and such that the workpiece holder 100 of Beteille is to the left (along axis A1 labeled below) of the tool holder O of Beteille (i.e., how the machine tool M is oriented in Figure 1 of Beteille, but in place of the machine tool having base frame 1 of Figure 1 of DE ‘498).
[AltContent: connector][AltContent: textbox (A2)][AltContent: textbox (A3)][AltContent: connector][AltContent: textbox (A1)][AltContent: connector]
PNG
media_image2.png
490
594
media_image2.png
Greyscale
Note that thus, the tool receiver TR (labeled above in the above rejection of claim 1) of DE ‘498 is able to be provided on a one side of the rotation axis A of the workpiece holder 100 of Beteille when viewed in plan view, and the tool magazine M1 of DE ‘498 is able to be provided on another side of the rotational axis A opposite to the one side when viewed in plan view (see Figure 1 of DE ‘498 and Figure 1 of Beteille), which rotation axis A of the workpiece holder of Beteille is horizontal re claim 22 (and thus the tool storage of DE ‘498 is inherently capable of use with a machine tool having a workpiece holder having a rotation axis configured as set forth in claim 22). Similarly, note that thus, the tool receiver TR (labeled above in the above rejection of claim 1) of DE ‘498 is able to be provided on a one side of the rotation axis A of the workpiece holder 100 of Beteille when viewed in plan view, and the tool magazine M1 of DE ‘498 is able to be provided on another side of the rotational axis A opposite to the one side when viewed in plan view (see Figure 1 of DE ‘498 and Figure 1 of Beteille), wherein the tool carriage (11 of DE ‘498 in combination with upper 27, or upper 27 and lower 29 guide rails of Ogasawara as described above) is capable of “cross[ing]” above the rotation axis A of the workpiece holder of Beteille re claim 23, as best understood, noting that the upper guide member 27 of Ogasawara would “cross” past the rotation axis A of Beteille at a location that is higher than the workpiece holder 100 of Beteille (and thus the tool storage of DE ‘498 is inherently capable of use with a machine tool having a workpiece holder having a rotation axis configured as set forth in claim 23).
In the alternative, therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have substituted the machine tool M with the specific table 100 (and frame 200 therefore; see Figures 1-2 and paragraphs 0037-0047, for example) taught by Beteille for the machine tool taught by DE ‘498 (of DE ‘498 in view of Ogasawara), oriented such that the horizontal longitudinal/rotational axis of the tool holder O of Beteille is oriented in the same direction in which the tool spindle 6 of DE ‘498 is oriented, with the horizontal tool and tool holder O of Beteille “face”/point the same direction as the horizontal tool 7 and tool spindle 7 of DE ‘498, the horizontal axis labeled as Z in Figure 1 of Beteille extended in the same direction as the horizontal direction of DE ‘498 labeled in the annotated reproduction of Figure 1 below as “A1”, and with the machine tool M oriented such that the horizontal axis labeled as X in Figure 1 of Beteille extended in the same direction as the horizontal direction of DE ‘498 labeled in the annotated reproduction of Figure 1 below as “A2”, and such that the vertical axis labeled as Y in Figure 1 Beteille extended in the same direction as the vertical direction of DE ‘498 labeled in the annotated reproduction of Figure 1 below as “A3”, such that the horizontal tool holder O of Beteille is located (relative to the tool storage) comparably to where column 3 and tool spindle 6 of DE ‘498 are shown in Fig. 1 of DE ‘498, and such that the workpiece holder 100 of Beteille is to the left (along axis A1 labeled below) of the tool holder O of Beteille (i.e., how the machine tool M is oriented in Figure 1 of Beteille, but in place of the machine tool having base frame 1 of Figure 1 of DE ‘498) for the purpose of providing an arrangement in which acceleration is optimized, and that has good temperature management (Beteille, paragraph 0015), and which has reduced inertia and deformation (Beteille, paragraph 0024).
Allowable Subject Matter
Claims 15 and 21 are allowed.
Response to Arguments
Applicant's arguments filed May 19, 2026 (and entered via the filing of the Request for Continued Examination filed June 1, 2026) have been fully considered.
Regarding Applicant’s assertion that the amended limitation “tool headstock” in claims 3, 6, and 15 does not invoke 35 USC 112(f), Examiner agrees.
Regarding the previous rejections under 35 USC 112(b), Applicant indicates that the claims have been amended to address the concerns. However, attention is directed to the above rejections under 35 USC 112(b) for any issues with respect thereto that either remain, or that were newly created via the amendment filed 5/19/2026 (and entered via the filing of the RCE on 6/1/2026).
Regarding the prior art rejections (noting that independent claim 1 was previously, and still is, rejected under 35 USC 103 as being obvious over DE 19510498 A1, hereinafter, “DE ‘498”, in view of U.S. Patent Application Publication No. 2010/0323863 to Ogasawara, hereinafter “Ogasawara”), Applicant has asserted that DE ‘498, either alone or in view of Ogasawara, does not teach the newly-added limitations added to the end of claim 1. In particular, Applicant has asserted that DE ‘498, either alone or in view of Ogasawara, does not teach “wherein the tool receiver and the tool magazine are mutually independent components, and wherein the tool receiver and the tool magazine are arranged on opposite sides of the rotational axis of rotation of the workpiece holder such that the tool carriage transports the tool from the tool receiver, across a space above the workpiece holder provided in a machining area, and to the tool magazine”. However, such is not persuasive, noting that DE ‘498 teaches the newly-added limitations.
In particular, as described in the above rejection of claim 1 based on DE ‘498 in view of Ogasawara, DE ‘498 teaches:
wherein the tool receiver (TR) and the tool magazine (M1) are mutually independent components (see Figure 1, noting that TR is a “mutually” different and independent component from M1; see also paragraph 0017, for example), and
wherein the tool receiver (TR) and the tool magazine (M1) are arranged on opposite sides of the (aforedescribed vertical) rotational axis of rotation (R1) of the workpiece holder (8/9) (see Figure 1, noting that M1 is on side S2 of axis R1, and noting that TR is on side S1 of rotation axis R1) such that the tool carriage (such as 11+12) transports (i.e., is capable of transporting, as 11 moves horizontally along 12) the tool (7) from the tool receiver (TR), across a space above the workpiece holder (8/9) provided in “a” machining area (see Figure 1, noting that the workpiece holder 8/9 is provided in “a” machining area, such as an area at which the workpiece 8 shown in Figure 1 is capable of being machined via tool 7 held by tool spindle 6, for example), and to the tool magazine (M1). Note that the tool carriage is capable of performing the claimed function or intended use, simply by moving 11 along 12 and lowering the double gripper 16 and arm 15 along vertical guide 13 to a location at which the double gripper 16 can pick up a tool from TR, moving 14 (and thus 15 and 16 and the tool received from TR) vertically upward along vertical guide 13 to a position/height at which the tool held by 16 is at a height “above”/higher than the workpiece holder 8/9 (and thus, higher than “a” space thereabove, whether or not that space is in “a” machining area, such as a vertically short space that is above 8/9, for example), and moving the tool (held by 16) horizontally along 12 (while the tool remains towards an upper end of 11) until the tool (held by 16) is at a position at which the tool can be provided (via 16) to the magazine M1. See Figure 1, and see also at least paragraphs 0016-0020, for example.
[AltContent: connector][AltContent: textbox (M1)]
[AltContent: textbox (S3)][AltContent: connector][AltContent: textbox (S2)][AltContent: connector][AltContent: textbox (S1)][AltContent: connector][AltContent: connector][AltContent: textbox (R1)][AltContent: connector][AltContent: textbox (TR)][AltContent: connector]
PNG
media_image1.png
546
652
media_image1.png
Greyscale
Regarding the rejected dependent claims that depend from claim 1, Applicant has indicated that those are patentable for the same reasoning asserted re claim 1. Likewise, the same response to that reasoning applies re those dependent claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. For example, KR 20220120923 A teaches an arrangement with a cover-protected tool receiver.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ERICA E CADUGAN whose telephone number is (571)272-4474. The examiner can normally be reached Monday-Thursday, 5:30 a.m. to 4:00 p.m. ET.
Examiner interviews are available via telephone, and via 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, Sunil K Singh can be reached at (571) 272-3460. 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.
/ERICA E CADUGAN/Primary Examiner, Art Unit 3722
eec
September 3, 2026
Prosecution Insights