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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
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 drive means (“Suitable drive means (not illustrated)…”) and lift means (“lift means (not shown)”) must be shown or the feature(s) canceled from the claim(s). 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.
Specification
Applicant is reminded of the proper language and format for an abstract of the disclosure.
The abstract should be in narrative form and generally limited to a single paragraph on a separate sheet within the range of 50 to 150 words in length. The abstract should describe the disclosure sufficiently to assist readers in deciding whether there is a need for consulting the full patent text for details.
The language should be clear and concise and should not repeat information given in the title. It should avoid using phrases which can be implied, such as, “The disclosure concerns,” “The disclosure defined by this invention,” “The disclosure describes,” “The specification discloses,” etc. In addition, the form and legal phraseology often used in patent claims, such as “means” and “said,” should be avoided.
Claim Objections
Claim 18 is objected to because of the following informalities: in line 2, “provided carried” is not clear and should be modified; the phrase is construed to be “provided”. Appropriate correction is required.
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: treatment panel module handling mechanism (Claims 1, 3-4, 6-7, 10-12, 14, 16-18, 20-24, and 26), transport means, drive means, lift means (Claims 1, 3-4, 6-7, 9-14, 16-18, 20-24, and 26), tool mounting means (mount tool means; tool means) (Claims 1, 3-4, 6, 9-10, 13, 16-18, 21-24, and 26), releasable grip means (Claim 3), replacement fixing element supply means (Claims 18, 24, 26), first scanning means (Claim 23), fastening means (Claim 23), second scanning means (Claim 24), and fixing means (Claim 24). The limitations mechanism and means are construed to be generic placeholders.
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, 3-4, 6-7, 9-14, 16-18, 20-24, and 26 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 Claims 1, 7, 24, and 26, the phrases with “intended to” are not positively recited. It is unclear if the limitations after said phrase are construed to be required in the prior art. They are construed not be required in the prior art. All claims directly or indirectly depend from Claim 1.
In Claims 23-24, the phrases with “if provided” are construed to be not provided. It is unclear if the first and second scanning means are provided or not. The phrases “if provided” are construed to be connected to the first and second scanning means.
Claims 18, 24, and 26 depend on cancelled Claim 5.
Claim limitations
treatment panel module handling mechanism (“The treatment panel module handling mechanism 41 includes storage cartridge means 46…”; 46 has no specific structure as shown or disclosed in the written decription);
drive means (no structure disclosed or shown; “Suitable drive means (not illustrated)…”);
lift means (no structure disclosed or shown; “…lift means (not shown)…”);
releasable grip means ("The gripper element means may be suction gripping elements, physical or mechanical gripping and release elements or any other suitable arrangements operated electrically wholly or in part."; this disclosure does not disclose specific structure);
fastening means (no structure disclosed or shown at all);
second scanning means (no structure disclosed or shown at all);
fixing means (“…the fixing means includes one or more fixing elements…”; element is a generic placeholder, not specific structure);
first control means (no structure disclosed or shown at all);
second control means (no structure disclosed or shown at all);
invoke 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. However, the written description fails to disclose the corresponding structure, material, or acts for performing the entire claimed function and to clearly link the structure, material, or acts to the function.
Therefore, the claim is indefinite and is rejected under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph.
Applicant may:
(a) Amend the claim so that the claim limitation will no longer be interpreted as a limitation under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph;
(b) Amend the written description of the specification such that it expressly recites what structure, material, or acts perform the entire claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(c) Amend the written description of the specification such that it clearly links the structure, material, or acts disclosed therein to the function recited in the claim, without introducing any new matter (35 U.S.C. 132(a)).
If applicant is of the opinion that the written description of the specification already implicitly or inherently discloses the corresponding structure, material, or acts and clearly links them to the function so that one of ordinary skill in the art would recognize what structure, material, or acts perform the claimed function, applicant should clarify the record by either:
(a) Amending the written description of the specification such that it expressly recites the corresponding structure, material, or acts for performing the claimed function and clearly links or associates the structure, material, or acts to the claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(b) Stating on the record what the corresponding structure, material, or acts, which are implicitly or inherently set forth in the written description of the specification, perform the claimed function. For more information, see 37 CFR 1.75(d) and MPEP §§ 608.01(o) and 2181.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1, 3-4, 6-7, 9-14, 16-18, 20-24, and 26 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by SALAMANCA POBLETE et al. (US 2022/0062915) (“Hugo”).
Claim 1: for extraction of a treatment panel module from a treatment deck of ore or quarry material treatment apparatus where the treatment deck includes a plurality of said treatment panel modules (liners 1 are capable of being construed to be equivalent to treatment panel modules) positioned in a side by side array secured to an underlying deck support structure (intended use; MPEP 2115), said robotic apparatus including:
a robotic support structure (4);
transport means for moving said robotic support structure, in use, on or over said treatment panel modules of a said treatment deck (11/14);
drive means for actuating said transport means (10/servomotor/etc.); and
a treatment panel module handling mechanism including tool mounting means adapted (FIGURE 10/10A; 5), in use to mount tool means cooperable with a said treatment panel module intended to be removed from the treatment deck to enable releasing of a said treatment panel module from the underlying deck support structure, said treatment panel module handling mechanism further including lift means (38/etc.) operable once a released said treatment panel module has been engaged by said tool means, said lift means is operable to lift the engaged said treatment panel module from said treatment deck (48/51/etc.; para. [0067]/[0069]);
Claim 3: wherein said tool means includes releasable grip means to grip a said treatment panel module to be removed from the treatment deck (FIGURE 10/10A; 5);
Claim 4: wherein said tool mounting means is connected to said robotic support structure for movement relative thereto along at least one path of movement, or said at least one path of movement includes two orthogonal movement directions (para. [0064]);
Claim 6: a first guide track means and a second guide track means, each being, in use, fixable to said treatment apparatus on opposed sides of a said treatment deck whereby said robotic support structure extends across and above said treatment deck, a respective said transport means being movable along said first and said second guide track means (implied with 15; para. [0064]/[0073]);
Claim 7: wherein the tool means includes an extraction tool additionally cooperable with fixing means holding said treatment panel module intended to be removed to the underlying deck support structure, to release said fixing means from the underlying deck support structure (FIGURE 10/10A; 5);
Claim 9: wherein said treatment panel module handling mechanism includes an extending arm structure connected to said robotic support structure at an inboard end and to said tool mounting means at an outboard end of said extending arm structure (38/39/etc.)
Claim 10: wherein a first pivot joint structure connects said inboard end of said extending arm structure to said robotic support structure for selective movement about one or more pivot axes (multiple pivots in at least FIGURE 4B);
Claim 11: wherein said first pivot joint structure is connected to said robotic support structure in a manner enabling said first pivot joint structure to be selectably raised or lowered relative to said robotic support structure (multiple pivots in at least FIGURE 4B allow for raising or lowering thereto);
Claim 12: wherein a second pivot joint structure is provided between said tool mounting means and said outboard end of said extending arm structure (at least two pivots in at least FIGURE 4B);
Claim 13: wherein said second pivot joint structure provides selective pivotal movement of said tool mounting means also about a third pivot axis extending in a general direction of said extending arm structure (at least three pivots in at least FIGURE 4B);
Claim 14: wherein said extending arm structure includes at least two articulated arm members connected by a third pivot joint structure enabling relative selective movement of said articulated arm members about a fifth pivot axis disposed generally transverse to said extending arm structure (FIGURE 4B);
Claim 16: wherein said tool mounting means, or said tool means, is mounted to selectably move in a direction towards said robotic support structure and/or in a direction away from said robotic support structure, said tool means being capable of releasing a removed said treatment panel module held by said tool means into a storage zone in said robotic apparatus (FIGURE 4B/10/10A; 5);
Claim 17: wherein the storage zone also, in use, is configured to hold at least one replacement said treatment panel module (FIGURE 10/10A; 5 holds an article; alternatively, intended use; MPEP 2115)
Claim 18: wherein replacement fixing element supply means is provided carried by said robotic support structure or by said tool mounting means, said replacement fixing element supply means carrying a plurality of replacement fixing elements forming said fixing means, said robotic apparatus further including at least one installation tool adapted, in use, to install a replacement said fixing element to secure a replacement said treatment panel module to the underlying deck support structure, the or each said installation tool being mounted to or mountable to said tool mounting means (pines 33, 29, and/or 50);
Claim 20: wherein said tool means includes at least one installation tool adapted, in use, to install a replacement said fixing element to secure a replacement said treatment panel module to the underlying deck support structure, the or each said installation tool being mountable to said tool mounting means by removing the or each of said extraction tool(s) and mounting said installation tool in place of a said extraction tool (para. [0068]);
Claim 21: wherein a said installation tool and a said extraction tool are mounted to said tool mounting means in pairs in a manner permitting a respective one of each said pair of said installation tool and said extraction tool to be selectively moved to an operative position (two robots are capable of installing and/or extracting with 5/etc.)
Claim 22: wherein the treatment panel module handling mechanism is also configured to grip and hold a replacement said treatment panel module located in a storage zone of said robotic support structure, said replacement said treatment panel module gripped by said treatment panel module gripping mechanism being movable by said robotic apparatus to an installation position in said treatment deck (zones are capable of being storage zones thereto);
Claim 23: first scanning means carried by said robotic apparatus and positioned, in use, to scan a said treatment deck and to create scanned information data being indicative of wear levels on a respective said treatment panel modules and/or fastening means therefore, if provided (para. [0063]/[0067]/[0071]/[0073]/[0082] discloses scanning/cameras thereto);
Claim 24: second scanning means carried by said robotic apparatus and positioned, in use, to scan a said treatment deck to create further scanned information data, said further scanned information data being indicative of at least one or more of position information data regarding one or more said treatment panel modules, positional information data for installation position(s) for fixing means intended to secure said treatment panel modules to the underlying deck support structure, and positional information data for fixing means, if provided, for securing said treatment panel modules to the underlying deck support structure (para. [0063]/[0067]/[0071; position data]/[0073]/[0078]/[0080]/[0082] discloses scanning/cameras and/or data thereto);
Claim 26: first control means positionable, in use, externally of the treatment deck on which the robotic apparatus is intended to operate, said first control means being adapted to receive said scanned information data and to provide control signals to second control means positioned on said robotic apparatus controlling operation of said robotic apparatus on said treatment deck based on said scanned information data (para. [0063]/[0067]/[0071; position data]/[0073]/[0078]/[0080]/[0082] discloses scanning/cameras and/or data thereto).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US 2012/0152877 discloses Robot 1 and Robot 2.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Gerald McClain whose telephone number is (571)272-7803. The examiner can normally be reached Monday through Friday from 8:30 a.m. to 5:00 p.m. and at gerald.mcclain@uspto.gov (see MPEP 502.03 (II)).
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, Saul Rodriguez can be reached at (571) 272-7097. 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.
/Gerald McClain/Primary Examiner, Art Unit 3652
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