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.
Election/Restrictions
Applicant’s election of the species of Figs. 8 and 9, in the reply filed on Feb 26, 2026, readable on claims 1, 5, and 6, is acknowledged.
Claims 2-4 and 7-13 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim.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 was made without traverse in the reply filed on Feb 26, 2026.
Specification
Applicant provides a descriptive new title, filed June 11, 2026, which has been approved to enter by the Examiner.
Claim Objections
Claim 1 is objected to because of the following informalities: it appears that in claim 1, line 10, the word – an – should be inserted before “air supplied.”
Claim Rejections - 35 USC § 103
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 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 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.
Claims 1 and 5 are rejected under 35 U.S.C. 103 as being unpatentable over Nakayama et al. (US 2021/0252720) (see IDS).
RE claim 1, Nakayama et al. (US 2021/0252720) discloses a lifting device (see Figs. 1-15) comprising: a body having a cylindrical shape (102) (see Figs. 10-12); and a member having an annular shape, wherein the body includes, at an axial end thereof, a flat surface (see Fig. 15; and Exhibit A) configured to hold a workpiece (S1), the member is disposed on an outer periphery of the flat surface of the body, and includes an annular protruding portion that protrudes beyond the flat surface (16) (see para [0102]) (see Exhibit A) of the body in an axial direction of the body, the annular protruding portion (158) having a circular-arc-shaped cross section, and an air supplied (see Fig. 10A and paragraph [0030]) to the body flows along the flat surface of the body and the annular protruding portion of the elastic member. Note that the applicant’s defined “an elastic member” is considered as a member being made of an elastic material. Nakayama et al. (US 2021/0252720) discloses the pad member 86 (see Fig. 2) is made of, for example, an elastic material such as rubber in paragraph [0054] of specification:
[0054] The pad member 86 is made of, for example, an elastic material such as rubber, and includes a cylindrical main part 90 and a pad portion 92 formed under the main part 90, while an insertion hole 94 into which the pin member 88 is inserted penetrates through the main part 90 in the axial direction (in the direction of arrows A1 and A2)
Nakayama et al. lifting device (US 2021/0252720) does not specifically show that a member having an annular shape is an elastic member. However, it would have been obvious to one of ordinary skill in the mechanical engineering art or a material engineering art before the effective filing date of the invention to provide an elastic material such as rubber, elastomer, polyurethane on the body of Nakayama et al. (US 2021/0252720) to provide a soft grip to absorb the delicate workpieces to a user.
Exhibit A
[AltContent: textbox (Curved surface (para [0062]) )][AltContent: textbox (Protruding Portion (158) having a circular-arc-shaped cross section)][AltContent: textbox (Working Holding Flat Surface (16) (see para [0102] and see Fig. 14))][AltContent: arrow][AltContent: arrow][AltContent: arrow]
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RE claim 5, Fig. 10B of Nakayama et al. lifting device (US 2021/0252720) shows a holder (106) configured to hold the elastic member (102), wherein the holder is attached to the body.
Allowable Subject Matter
Claim 6 is 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.
Note that Nakayama et al. lifting device (US 2021/0252720) does not specifically teach or suggest the elastic member includes an annular projection projecting radially outward, and the annular projection is fitted into an annular attachment groove provided in the holder.
Response to Arguments
Regarding Claims 1 and 5, the applicant's arguments filed June 11, 2026, have been fully considered but they are not persuasive.
Applicant argues that “The second attachment member 154 is formed of a resin material but is not described as being elastic” and further reasons that “it is respectfully submitted that annular guide wall 158 fails to disclose or suggest this feature in at least two respects.
First, there is no disclosure or suggestion in Nakayama that the annular guide wall 158 is, or should be, elastic. The rubber pad members 86 are explicitly described as being elastic but the annular guide wall 158 is not. It may be (i.e., "for example"; T [0100]) formed of a resin material but this is not a requirement. Further, resins are not necessarily elastic and, unlike the rubber pad members 86, the resin is not described as being elastic.
Nonetheless, the rejection posits that it would have been obvious for a "member having an annular shape," i.e., the annular guide wall 158 in Nakayama, to be elastic "to provide a soft grip." However, the annular guide wall 158 is not a gripping part: that role is performed by the elastic pad members 86. This is evident from Fig. 15 which shows a space between the workpiece and the annular guide wall 158. Thus the rationale for elasticity is not consistent with the role of the annular guide wall 158.
Second, the guide wall 158 of Nakayama includes a plurality of openings 160, whereby the fluid flowing at high speed between a workpiece and a workpiece holding surface 16 does not flow along the lower end of the guide wall 158, but flows horizontally (radially outward) through the plurality of openings 160. Thus, Nakayama fails to disclose the feature that an air supplied to the body flows along the flat surface of the body and the annular protruding portion of the elastic member, as recited in claim 1. With the feature, the present invention can achieve the advantages and effects described in the specification.” (See Pages 7 and 8).
The Examiner disagrees with the applicant’s arguments.
In response to applicant's argument that the references fail to show certain features of the invention, it is noted that the features upon which applicant relies (i.e., the annular guide wall 158 is not a gripping part: that role is performed by the elastic pad members 86. This is evident from Fig. 15 which shows a space between the workpiece and the annular guide wall 158. Thus the rationale for elasticity is not consistent with the role of the annular guide wall 158) are not recited in the rejected claim(s). Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993).
Claim 1
A lift device comprising:
a body having a cylindrical shape; and
an elastic member having an annular shape, wherein the body includes, at an axial end thereof, a flat surface configured to hold a workpiece,
the elastic member is disposed on an outer periphery of the flat surface of the body, and includes an annular protruding portion that protrudes beyond the flat surface of the body in an axial direction of the body,
the annular protruding portion having a circular-arc-shaped cross section, and
an air supplied to the body flows along the flat surface of the body and the annular protruding portion of the elastic member.
Nakayama et al. Lifting Device (US 2021/0252720)
Nakayama et al. (US 2021/0252720) discloses a lifting device (see Figs. 1-15) comprising:
a body having a cylindrical shape (102) (see Figs. 10-12); and
a member (154) (see Fig. 14) having an annular shape, wherein the body includes, at an axial end thereof, a flat surface (see Fig. 15; and Exhibit A) configured to hold a workpiece (S1),
the member (154) is disposed on an outer periphery of the flat surface (16) of the body, and includes an annular protruding portion that protrudes beyond the flat surface (16) (see para [0102]) (see Exhibit A) of the body in an axial direction of the body, the annular protruding portion (158) having a circular-arc-shaped cross section, and an air supplied (see Fig. 10A and paragraph [0030]) to the body flows along the flat surface of the body and the annular protruding portion of the member.
Exhibit A
[AltContent: textbox (Curved surface (para [0062]) )][AltContent: textbox (Protruding Portion (158) having a circular-arc-shaped cross section)][AltContent: textbox (Working Holding Flat Surface (16) (see para [0102] and see Fig. 14))][AltContent: arrow][AltContent: arrow][AltContent: arrow]
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With respect to “the material selection,” Nakayama et al. Lifting Device (US 2021/0252720) discloses that the cylindrical body (106) is being made of a resin material (see paragraph [0083]) whereas the pad member or a deflector (86) is being made of an elastic material such as rubber (see paragraph [0054]) as shown in Figs. 12, 14, and 15.
[0054] The pad member 86 is made of, for example, an elastic material such as rubber, and includes a cylindrical main part 90 and a pad portion 92 formed under the main part 90, while an insertion hole 94 into which the pin member 88 is inserted penetrates through the main part 90 in the axial direction (in the direction of arrows A1 and A2)
Nakayama et al. lifting device (US 2021/0252720), as presented above, does show a member (154) having an annular shape, wherein the body includes, at an axial end thereof, a flat surface (see Fig. 14; and Exhibit B) (for clarification purpose).
the member is disposed on an outer periphery of the flat surface (16) of the body, and includes an annular protruding portion that protrudes beyond the flat surface (16) (see para [0102]) (see Exhibit A) of the body in an axial direction of the body (also see Fig. 14; and Exhibit B) (for clarification purpose).
[AltContent: textbox (the annular and circular member (156) is disposed on an outer periphery of the flat surface (16) of the body, and includes an annular protruding portion that protrudes beyond the flat surface)]Exhibit B
[AltContent: textbox (Flat surface of the body (102))][AltContent: arrow][AltContent: arrow]
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Note that Nakayama et al. lifting device (US 2021/0252720) is silent about the material selection on the circular shape member (154) (see Fig. 14).
However, Nakayama et al. lifting device (US 2021/0252720) discloses that the pad member or a deflector (86) is being made of an elastic material such as rubber (see paragraph [0054]) as shown in Figs. 12, 14, and 15.
Obviousness (Material Selection)
Thus, it would have been obvious to one of ordinary skill in the mechanical engineering art or a material engineering art before the effective filing date of the invention to provide an elastic material such as rubber, elastomer, polyurethane on the body of Nakayama et al. (US 2021/0252720) to provide a soft grip to absorb the delicate workpieces to a user.
It is pointed out that the provision of the elastic material (such as a rubber) on the annular and circular member is an obvious matter to those skilled in the vacuum suction grippers or cups to provide a soft grip to absorb the delicate workpieces and also provide a firm grip to a user.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PAUL T CHIN whose telephone number is (571)272-69226922. The examiner can normally be reached on M-F 8:00-4:30 PM.
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, Robert Hodge, can be reached on (571) 272-7097 The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/PAUL T CHIN/Primary Examiner, Art Unit 3654
