DETAILED ACTION
This application includes independent claims 1 and 7 and dependent claims 2-5 and 8-10.
The Preliminary Amendment has been entered.
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 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.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Shimizu et al. (US 2023/0132218 A1).
Regarding independent claim 1, Shimizu discloses a bulk feeder comprising: a feeder main body (100); a bracket (101, 102; or 108) provided to be vibratable with respect to the feeder main body; a track member (1) provided detachably with respect to the bracket and formed with a conveyance path (6) through which multiple components are conveyed and a supply region (S) that communicates with the conveyance path and opens upward to collect the multiple components; an excitation device (see at least para. 0083) configured to apply vibration to the track member via the bracket so that the multiple components are conveyed along the conveyance path; a locking target member (103A, 103B; or see paras. 0068-0069) provided in a first one of the track member and the bracket; and a lock member (13A, 13B) provided in a second one of the track member and the bracket and configured to switch between a locked state in which the lock member is locked to the locking target member to restrict a relative movement of the track member with respect to the bracket, and a released state in which lock between the lock member and the locking target member is released (see Figs. 5A-5D).
Allowable Subject Matter
Independent claim 7 is allowed.
Claims 2-6, and 8-10 are 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.
The following is a statement of reasons for the indication of allowable subject matter: Independent claim 7 and dependent claims 6, 8, 9, and 10 recite, “a measurement section configured to measure a frequency or an amplitude of vibration of the bracket when the excitation device excites the track member; and a lock determination section configured to determine whether lock of the track member with respect to the bracket is suitable based on a result measured by the measurement section.” The term “suitable” is described in paragraphs 0075-0078 of the specification. Claims 2-5 recite “the locking target member is a pair of pins protruding in a width direction and a horizontal direction of the feeder main body and provided at positions different from each other in a front-rear direction of the feeder main body, and the lock member includes a hook main body provided to be slidable in the front-rear direction of the feeder main body, and a pair of hook portions respectively provided in the hook main body and moved to a first end side in a slide direction to be locked to the pair of pins.” These limitations are not found in the prior art in combination with the other elements in the indicated allowed/allowable claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Takata (US 2023/0337409 A1) discloses a bulk feeder having a locking target member including a pair of pins and a lock member including a hook. Koyanagi et al. (JP 2010-067907) discloses a bulk feeder with a vibration frequency sensor to monitor and adjust the vibration frequency.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PATRICK HEWEY MACKEY whose telephone number is (571)272-6916. The examiner can normally be reached M - F 9-5.
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, Michael McCullough can be reached at 571-272-7805. 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.
/PATRICK H MACKEY/Primary Examiner, Art Unit 3653