DETAILED ACTION
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the following features must be shown or the feature(s) canceled from the claim(s):
The “one or more contact zones” that are established by the first holding and guide arrangement and the second holding and guide arrangement, as recited in Claim 1. Note: While the “contact zones are believed to be shown in the figures, they are not identified by a reference character. Given that the claimed “advancement zone” is identified by a reference character, the claimed `contact zone” should also be similarly identified.
The “screw members and/or pin members”, as recited in Claim 11.
The “plurality of guide devices” that are supported by a drum unit and which are “circumferentially distributed around said drum support units”, as recited in Claim 12.
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference character “R” has been used to designate both the “resting position” which is shown in Fig. 3 and what is believed to be the “engagement position”, as shown in Fig. 4. A review of Figs. 3 and 4 and their descriptions shows that the guide device is located in different positions in these two figures. As such, it is believed that Fig. 4 is showing the “engagement position”, which should be denoted by the reference character “L”.
No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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:
The “first holding and guide arrangement” and the “second holding and guide arrangement” that are “arranged to define an advancement zone for the bars”, and that are “configured to establish one or more contact zones with said bar so as to retain in position and guide said bar along said advancement zone”, as recited in at least Claim 1. Note: While subsequent limitations further define the “first holding and guide arrangement” and the “second holding and guide arrangement” as having a first series and second series, respectively, of “block-shaped guide elements”, the constituent “guide elements” do not provide sufficient structure to perform the recited functions of “holding” and “guiding”. Moreover, while there are additional limitations in Claim 1 directed to the “first holding and guide arrangement” and the “second holding and guide arrangement”, these limitations are directed to spatial/location details and also do not provide sufficient structure to perform the recited functions of “holding” and “guiding”.
The “connecting members, so as to form an articulated guide structure” between the guide elements of the first series and the guide elements of the second series, as recited in Claim 1. Note: While a subsequent limitation defines the “connecting members” as including “connecting rod elements the ends of which are connected respectively to a guide element of said first series and to a guide element of said second series, said connecting rod elements being configured to rotate around respective pivots”, the connecting rod element is not defined by any structure but instead only indicates how it is connected between the first and second holding and guide arrangements. As such, the “connecting rod elements” do not provide sufficient structure that performs the “connecting” function.
The “driving member” … “for moving said first and second holding and guide arrangement between said rest position and said engagement position”, as recited in Claim 3.
The “[advancing] unit for advancing said bars to a machine tool”, as recited in Claims 12 and 13.
The “displacement member” … to translate said grasping member from said disengagement position to said locking position”, as recited in Claim 15.
The “containment and protection channel arrangement is provided inside which said dragging chain or belt member is movable”, as recited in Claim 17, wherein the function is obtained from the name itself, i.e., “containment” and “protection”.
The “slide element” … “to advance a respective bar along said advancement di-rection [sic]”, as recited in Claim 18.
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 Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-18 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.
Claim 1 recites, “Guide device for bars to be fed to a machine tool, including
a first holding and guide arrangement and a second holding and guide arrangement arranged to define an advancement zone for the bars,
said advancement zone extending according to a longitudinal axis,
said first holding and guide arrangement and said second holding and guide arrangement being configured to establish one or more contact zones with said bar so as to retain in position and guide said bar along said advancement zone,
said first holding and guide arrangement and said second holding and guide arrangement extending parallel to said axis and being mutually positioned at opposite sides with respect to said longitudinal axis,
said first holding and guide arrangement and said second holding and guide arrangement being relatively movable between a resting position, wherein said first holding and guide arrangement and said second holding and guide arrangement are at a greater mutual distance and at furthest positions from said advancement zone to allow the positioning of said bar to be guided along said advancement zone, and an engagement position, wherein said first holding and guide arrangement and said second holding and guide arrangement are at a smaller distance and closest to said advancement zone so as to come into contact with said bar adapting to different diameter values of said bar,
said first holding and guide arrangement including a first series of distinct block-shaped guide- elements mutually spaced apart and distributed parallel to said axis and said second holding and guide arrangement including a second series of distinct block-shaped guide elements mutually spaced apart and distributed parallel to said axis,
said guide elements of said first series of elements being arranged staggered with respect to said guide elements of said second series so as to entirely involve said advancement zone,
said guide elements of said first series being mechanically connected to said guide elements of said second series by connecting members, so as to form an articulated guide structure,
where-in said first series of guide elements and said second series of guide elements are movable in a simultaneous and synchronized manner between said resting position and said engagement position,
said guide device being WHEREIN said connecting members includes connecting rod elements the ends of which are connected respectively to a guide element of said first series and to a guide element of said second series,
said connecting rod elements being configured to rotate around respective pivots.”
Claim 1 is indefinite for the following reasons:
The preamble includes three distinct objects, i.e., “a guide device”, “bars”, and “ a machine tool” that directly appear before the purported transitional phrase of “including”. As such, it is unclear whether the elements that following the transitional phrase “including” form a part of the “guide device”, the “bars”, or the “machine tool”. In addition, the transitional phrase “including” does not comport with the transitional phrases normally used in US practice but is being construed to be synonymous with the open-ended “comprising” transitional phrase (see MPEP 2111.03).
Figs. 1-4 show the “advancement zone 3”, however, based on where the lead lines for reference character “3” are shown in these figures, it is unclear whether the “advancement zone” is define by one set of the first and second holding and guide arrangements (2/5, 4/7) or whether the advancement zone extends the entire length of the “connecting plate 15”, to which all of the first and second holding and guide arrangements are understood to be attached. As such, because it is unclear as to what defines the “advancement zone”, the phrase “so as to entirely involve said advancement zone” is also unclear.
The “where-in” shown in the 9th bullet point above should not be hyphenated.
Claim 3 recites, “Guide device according to claim 1, further including a driving member connected to an end of said first holding and guide arrangement and/or of said second holding and guide arrangement for moving said first and second holding and guide arrangement between said rest position and said engagement position”. The underlined “arrangement” should be plural (i.e., arrangements”) since it is modified by “said first and second holding and guide”.
Claim 12 recites, “ Apparatus for feeding bars to a machine tool, including a drum unit supporting a plurality of guide devices according to claim 11, for simultaneous loading of a plurality of bars, wherein said guide devices are circumferentially distributed around said support drum units and including a unit for advancing said bars to a machine tool.” Claim 12 is similarly indefinite for use of the transitional phrase “including” relative to the objects in the preamble, as described above for Claim 1. In addition, Claim 12 further recites a second “including” to introduce the “unit for advancing said bars to a machine tool and it is unclear whether the “advancing unit” forms a part of the guide devices or the apparatus. Finally, in the first limitation following the first “including” transitional phrase, only “a drum unit” (i.e., a single/one), whereas a subsequent limitation recites that the guide devices are distributed around “said support drum units”. As such, it is unclear whether the apparatus includes only a single drum unit or multiple drum units, and there is no antecedent basis for “said support drum units” since the term “drum unit” was previously recited.
Allowable Subject Matter
Claim 1 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
Claims 2-18 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
US 5,535,653 discloses a guide device and apparatus having first and second holding and guide arrangements each having block-shaped guide elements that are staggered relative to each other.
US 9,498,826 discloses an apparatus having multiple guide devices circumferentially distributed around a drum unit and advancing units for advancing the bars to a machine tool.
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/LYNN E SCHWENNING/Primary Examiner, Art Unit 3652