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 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.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: elastic member in claim 1.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim Objections
Claim(s) 1-13 is/are objected to because of the following informalities:
Claims 1-13 recites “centring” throughout the claims. This is a typographical error and should recite --centering--.
Claim 1 recites “respect to a said longitudinal axis” in line 7. The examiner suggests amending to --respect to said longitudinal axis--.
Claim 9 recites “configured for guiding said bar along an advancement direction, a movable grasping member that is movable along an advancement direction transversely to said advancement direction” in line 4-7. The examiner suggests amending the limitation to --configured for guiding said bar along a first advancement direction, a movable grasping member that is movable along a second advancement direction transversely to said first advancement direction--. This amendment is suggested in order to avoid confusion and provide clarity in distinguishing the different advancement directions.
Appropriate correction is required.
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.
Claim(s) 1-3 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Stuebner US 2657933.
PNG
media_image1.png
194
388
media_image1.png
Greyscale
Stuebner discloses a self-centering device capable of centering and guiding a bar, tube or the like to be advanced to a spindle of a machine tool, including: a hollow containing body (10) with a through opening (16, 20) extending along a longitudinal axis and capable of receiving and being traversed by a bar to be fed along an advancement direction to said spindle; in said hollow containing body an inner sliding surface (16) being defined that is tilted with respect to said longitudinal axis; a plurality of centering and guiding elements (22) housed in said hollow containing body and shaped for coming into contact with said bar and exerting a centering and guiding action distributed around said bar, said centering and guiding elements being slidably movable along said inner sliding surface so as to vary the distance thereof from said longitudinal axis to adapt to various possible bar diameters, said centering an guiding elements being movable from a position of minimal reciprocal distance to a position of maximum reciprocal distance, to adapt to various possible bar diameters (col. 2, lines 1-20), an elastic member (34) configured for urging said centering and guiding elements to said position of minimal reciprocal distance so as to induce and maintain, during operation, said centering and guiding elements in contact with the surface of said bar, said centering and guiding elements being provided with respective rear end portions (32) on which said elastic member acts to push said centering and guiding elements against said bar.
As for claim 2, Stuebner discloses wherein each of said centering and guiding elements (22) has a front end portion (26) that is suitable for intercepting a front end of the bar, on said front end portion a tilted promoting surface being defined to promote penetration of the bar in said containing body, said tilted promoting body being shaped for receiving a push from said front end of the bar intended to move the respective centering and guiding element along said inner sliding surface.
As for claim 3, Stuebner discloses wherein said containing body has a frustoconical shape (see Fig. 1, col. 2, line 10), and in which said inner surface is divergent according to said advancement direction.
Claim(s) 1, 3, 4 and 8 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Schlichting DE 19853525 A1.
PNG
media_image2.png
488
502
media_image2.png
Greyscale
Schlichting discloses a self-centering device capable of centering and guiding a bar, tube or the like to be advanced to a spindle of a machine tool, including: a hollow containing body (5) with a through opening (see Fig. 1 above) extending along a longitudinal axis and capable of receiving and being traversed by a bar to be fed along an advancement direction to said spindle; in said hollow containing body an inner sliding surface (8) being defined that is tilted with respect to said longitudinal axis (10); a plurality of centering and guiding elements (2) housed in said hollow containing body and shaped (4) for coming into contact with said bar and exerting a centering and guiding action distributed around said bar, said centering and guiding elements being slidably movable along said inner sliding surface so as to vary the distance thereof from said longitudinal axis to adapt to various possible bar diameters, said centering an guiding elements being movable from a position of minimal reciprocal distance to a position of maximum reciprocal distance, to adapt to various possible bar diameters, an elastic member (11) configured for urging said centering and guiding elements to said position of minimal reciprocal distance so as to induce and maintain, during operation, said centering and guiding elements in contact with the surface of said bar, said centering and guiding elements being provided with respective rear end portions (32) on which said elastic member acts to push said centering and guiding elements against said bar.
As for claim 3, Schlichting discloses wherein said containing body has a frustoconical shape (see Fig. 1), and in which said inner surface is divergent according to said advancement direction.
As for claim 4, Schlichting discloses retaining and guiding members (12, 13, 14) for said centering and guiding elements.
As for claim 8, Schlichting discloses bearing elements (external surface of rotating support sleeve 5) fitted around said containing body and suitable for enabling said containing body to be housed rotatably inside a tubular element, of a feeding apparatus or machine tool, for advancing the bars.
Claim(s) 9 and 13 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Turley US 1224046.
PNG
media_image3.png
422
442
media_image3.png
Greyscale
As for claim 9, Turley discloses an advancement device for a bar, tube or the like, including: a supporting and guiding member (1, 8) configured for restingly receiving, from a first side a bar and configured for guiding said bar along an advancement direction, a movable grasping member (2, 9) that is movable along an advancement direction transversely to said advancement direction, from a disengaged position, in which said movable grasping member is further from said supporting and guiding member so as to be separated from said bar, to a locking position, in which said movable grasping member is nearer said supporting member to press longitudinally said bar from a second side opposite said first side and against said supporting member, an advancement motor device (11-15) configured for rotating said supporting and guiding member and/or said movable grasping member in said locking position to drag and advance said bar along said advancement direction.
As for claim 13, discloses an apparatus capable of feeding a bar to a machine including an advancement device according to claim 9.
Claim(s) 9, 11 and 13 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Burns et al. US 5497928.
PNG
media_image4.png
468
474
media_image4.png
Greyscale
PNG
media_image5.png
380
486
media_image5.png
Greyscale
As for claim 9, Burns discloses an advancement device for a bar, tube or the like, including: a supporting and guiding member (21) configured for restingly receiving, from a first side a bar and configured for guiding said bar along an advancement direction, a movable grasping member (22, 45) that is movable along an advancement direction transversely to said advancement direction, from a disengaged position, in which said movable grasping member is further from said supporting and guiding member so as to be separated from said bar, to a locking position, in which said movable grasping member is nearer said supporting member to press longitudinally said bar from a second side opposite said first side and against said supporting member (col. 3, lines 28-49), an advancement motor device (33) configured for rotating said supporting and guiding member and/or said movable grasping member in said locking position to drag and advance said bar along said advancement direction.
As for claim 11, Burns discloses wherein said advancement motor device (33) includes an electric motor of brushless type, and in which a movement member is further provided for translating said movable grasping member from said disengaged position to said locking position.
As for claim 13, Burns discloses an apparatus capable of feeding a bar to a machine including an advancement device according to claim 9.
Claim(s) 9 and 13 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Horlitz et al. US 5303621.
PNG
media_image6.png
376
704
media_image6.png
Greyscale
As for claim 9, Horlitz discloses an advancement device for a bar, tube or the like, including: a supporting and guiding member (3,4) configured for restingly receiving, from a first side a bar and configured for guiding said bar along an advancement direction, a movable grasping member (2, 31) that is movable along an advancement direction transversely to said advancement direction, from a disengaged position, in which said movable grasping member is further from said supporting and guiding member so as to be separated from said bar, to a locking position, in which said movable grasping member is nearer said supporting member to press longitudinally said bar from a second side opposite said first side and against said supporting member, an advancement motor device (23, 24) configured for rotating said supporting and guiding member and/or said movable grasping member in said locking position to drag and advance said bar along said advancement direction.
As for claim 13, Burns discloses an apparatus capable of feeding a bar to a machine including an advancement device according to claim 9 (see Fig. 1).
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.
Claim(s) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Schlichting DE 19853525 A1 in view of Ragazzini et al. US 2006/0107803.
As for claim 5, Schlichting discloses wherein said retaining and guiding members (12, 13, 14) include for each centering and guiding element (2), a sliding slot (13) obtained along a wall of said containing body and protruding elements (12) engaging a respective centering and guiding element and slidable along a sliding slot.
PNG
media_image7.png
364
464
media_image7.png
Greyscale
Schlichting does not specify wherein the protruding element is a screw element wherein each screw element being shaped with a stem, that is slidable along the respective sliding slot and with a head shaped for maintaining the element centering and guiding element coupled with said containing body preventing reciprocal separation thereof. However, Ragazzini teaches a centering device having a containing body (7) with centering and guiding element (17-19 and 40) having retaining and guiding members (see Fig. 2) wherein the retaining and guiding element is a screw element for engaging a respective sliding slot (see Fig. 2 above) having a stem for sliding along said slot and a head shaped for maintaining the centering and guiding element coupled with the containing body. It would have been obvious to one of ordinary skill in the art, before the effective filing date, to modify and/or substitute the retaining and guiding members of Schlichting with a retaining and guiding screw element and slot as taught by Ragazzini as an alternative form of retaining and guiding the center and guiding elements within the containing body.
Claim(s) 6-7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Stuebner US 2657933 in view of Meyer DE 392495C.
PNG
media_image8.png
392
356
media_image8.png
Greyscale
As for claim 6, Stuebner discloses wherein said elastic member (34) includes a helical spring with a base end in a position that is stationary with respect to said containing body (10, see Fig. 1), and a movable pushing end (at 32) in contact with said centering and guiding elements (22). Stuebner does not specify wherein said helical spring extending around said longitudinal axis with coils of progressively decreasing diameter from said base end to said movable pushing end. However, the use of helical springs having a progressively decreasing diameter is well known in the art as evidence by Meyer who teaches a helical spring (8) with progressively decreasing diameter that has a stationary base end (9,10) and a movable pushing end (4a) for contact with centering and guiding elements (4). It would have been obvious to one of ordinary skill in the art, before the effective filing date, to substitute the helical spring of Stuebner with a progressively decreasing diameter helical spring as taught by Meyer as an alternative helical spring for providing a biasing force to the centering and guiding elements.
As for claim 7, Meyer further teaches an annular flange (11) for retaining said helical spring (8) inside said containing body (6), said annular flange having a surface configured for being fixed to an end of said containing body and for restingly receiving said base end of said helical spring (see Fig. 1).
Claim(s) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Burns et al. US 5497928 in view of Goss US 9546753.
PNG
media_image9.png
462
614
media_image9.png
Greyscale
As for claim 10, Burns discloses all the limitations as recited above but does not specify wherein said supporting and guiding member and/or said movable grasping member includes a belt or tape element that is wound around a pair of wheels that are spaced and rotatable around respective axes arranged transversely to said advancement direction, said belt or tape element being shaped for coming into contact with the side surface of said bar to perform thereupon the action of dragging along said advancement direction.
However, Goss teaches an advancement device having a supporting and guiding member (T2) for receiving a first side of a tube and guiding said tube along an advancement direction and a grasping member (T1) for engaging a second side of a tube opposite a first side and an advancement motor (30) for rotating and supporting the guiding member and/or grasping member wherein said supporting and guiding member and/or said movable grasping member includes a belt or tape (20, 32) element that is wound around a pair of wheels (21) that are spaced and rotatable around respective axes arranged transversely to said advancement direction, said belt or tape element being shaped for coming into contact with the side surface of said tube to perform thereupon the action of dragging along said advancement direction. It would have been obvious to one of ordinary skill in the art, before the effective filing date, to modify the advancement device of Burns to include a belt or tape as taught by Goss in order to provide a continuous contact track for supporting the bar along a length of a bar.
Claim(s) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Horlitz et al. US 5303621 in view of Goss US 9546753.
As for claim 10, Horlitz discloses all the limitations as recited above but does not specify wherein said supporting and guiding member and/or said movable grasping member includes a belt or tape element that is wound around a pair of wheels that are spaced and rotatable around respective axes arranged transversely to said advancement direction, said belt or tape element being shaped for coming into contact with the side surface of said bar to perform thereupon the action of dragging along said advancement direction.
However, Goss teaches an advancement device having a supporting and guiding member (T2) for receiving a first side of a tube and guiding said tube along an advancement direction and a grasping member (T1) for engaging a second side of a tube opposite a first side and an advancement motor (30) for rotating and supporting the guiding member and/or grasping member wherein said supporting and guiding member and/or said movable grasping member includes a belt or tape (20, 32) element that is wound around a pair of wheels (21) that are spaced and rotatable around respective axes arranged transversely to said advancement direction, said belt or tape element being shaped for coming into contact with the side surface of said tube to perform thereupon the action of dragging along said advancement direction. It would have been obvious to one of ordinary skill in the art, before the effective filing date, to modify the advancement device of Horlitz to include a belt or tape as taught by Goss in order to provide a continuous contact track for supporting the bar along a length of a bar.
Claim(s) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Turley US 1224046 in view of Goss US 9546753.
As for claim 10, Turley discloses all the limitations as recited above but does not specify wherein said supporting and guiding member and/or said movable grasping member includes a belt or tape element that is wound around a pair of wheels that are spaced and rotatable around respective axes arranged transversely to said advancement direction, said belt or tape element being shaped for coming into contact with the side surface of said bar to perform thereupon the action of dragging along said advancement direction.
However, Goss teaches an advancement device having a supporting and guiding member (T2) for receiving a first side of a tube and guiding said tube along an advancement direction and a grasping member (T1) for engaging a second side of a tube opposite a first side and an advancement motor (30) for rotating and supporting the guiding member and/or grasping member wherein said supporting and guiding member and/or said movable grasping member includes a belt or tape (20, 32) element that is wound around a pair of wheels (21) that are spaced and rotatable around respective axes arranged transversely to said advancement direction, said belt or tape element being shaped for coming into contact with the side surface of said tube to perform thereupon the action of dragging along said advancement direction. It would have been obvious to one of ordinary skill in the art, before the effective filing date, to modify the advancement device of Turley to include a belt or tape as taught by Goss in order to provide a continuous contact track for supporting the bar along a length of a bar.
Claim(s) 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Horlitz et al. US 5303621 in view of Stuebner US 2657933.
As for claim 12, Horlitz discloses an apparatus (1) for feeding a bar (21) to a machine tool spindle (26), including a self-centering device (5) and an advancement device according to claim 9. Horlitz does not specify wherein the self-centering device is according to claim 1. However, Stuebner teaches a self-centering device for feeding a bar to a machine tool according to claim 1. It would have been obvious to one of ordinary skill in the art, before the effective filing date, to substitute the self-centering device of Horlitz with the self-centering device of Stuebner as an alternative self-centering device for feeding a bar to a machining tool.
PNG
media_image6.png
376
704
media_image6.png
Greyscale
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TYRONE V HALL JR whose telephone number is (571)270-5948. The examiner can normally be reached Mon.-Fri. 7:30am-3:30pm.
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, Monica Carter can be reached at (571) 272-4475. 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.
/TYRONE V HALL JR/Primary Examiner, Art Unit 3723