CTNF 18/275,976 CTNF 100595 DETAILED ACTION Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA. 07-30-03-h AIA Claim Interpretation 07-30-03 AIA 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. 07-30-05 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 as follows: “First movement unit that moves” in Claim 1 further defined by paragraph [0034] as a part of the optical axis adjuster [0016] and shown in Figure 1 Element 42 of the applicant’s disclosure. “Second movement unit that moves” in Claim 1 further defined by paragraph [0015] as a part of the Divergence Angle Adjuster and shown in Figure 1 Element 37 of the applicant’s disclosure. 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 § 102 07-08-aia AIA (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. 07-15 AIA Claim s 1-8 and 11-13 are rejected under 35 U.S.C. 102( a)(1 ) as being anticipated by Matsumoto (JP 2013013905A): PNG media_image1.png 562 799 media_image1.png Greyscale PNG media_image2.png 518 496 media_image2.png Greyscale PNG media_image3.png 564 835 media_image3.png Greyscale PNG media_image4.png 667 850 media_image4.png Greyscale Regarding Claim 1: Matsumoto teaches a laser processing apparatus (a laser processing apparatus” [0004]) , comprising: a laser emitting unit (“ laser emission unit” [0002]” Figure 1 Element 12) that includes a laser oscillating unit (“laser oscillation unit” [0025] Figure 1 Element 16) , the laser oscillating unit generating laser light (“laser light” [0004]) ; a laser head (“Laser head” [0002] Figure 4 Element 14) that includes a galvanometer scanner (“laser head having a Galvano scanner” [0002] ) , the galvanometer scanner configured to irradiate a workpiece (“workpiece” [0002]) with the laser light (“laser head having a Galvano scanner for irradiating a workpiece with laser light output” [0002]) ; an optical fiber (“optical fiber” [0026] Figure 1 Element 17) cable that transmits the laser light from the laser emitting unit (“ laser emission unit” [0002]” Figure 1 Element 12) to the laser head (“laser head” [0002] ); and a head connector (“Head connector” [0002] Figure 1 Element 13) that is provided at a distal end of the optical fiber cable (shown in figure 1) and is configured to be attachable to and detachable from the laser head (“Head connector [is]…configured to be detachable from the laser head” [0002] and is therefore also attachable) , the head connector emitting emission light obtained by adjusting the laser light transmitted by the optical fiber cable (“head connector…for transmitting laser light” [0002]) , wherein the head connector includes: an insertion unit (Figure 2 Element 20) inserted into an opening of the laser head (“opening” Figure 3 Element 14); a fiber holder (See Figure 5 as annotated “Fiber Holder”) that holds a distal end of the optical fiber cable; an optical axis adjuster (“positioning pins and positioning holes constitute positioning means” [0034] for the optical axis”) that adjusts (sets to the correct orientation) an optical axis of the laser light emitted from the distal end of the optical fiber cable; and a divergence angle adjuster (“divergence angle adjusting mechanism” [0044]) that adjusts a divergence angle of the emission light, the optical axis adjuster includes: a first operation unit configured to be operable from a side surface of the head connector (“positioning pins” [0034] ; and a first movement unit (“positioning holes” [0044] ) that moves the fiber holder in a plane orthogonal to an optical axis of the emission light in response to operation of the first operation unit (the positioning pins in the positioning holes are "configured to position the head connector 13 and the laser head 14 in a direction perpendicular to the optical axis of the laser beam L." [0034] and thus move the fiber holder of the head connector relative to the laser beam) , and the divergence angle adjuster includes: at least one lens (“diffusing lens” [0046] Figure 1 Element 18) disposed on the optical axis of the emission light; a second operation unit (“operation unit” Figure 1 Element 52 [0047]) that is provided in the insertion unit and is rotationally operated (“operation amount (rotation amount) of the operation unit” [0047]) ; and a second movement unit that moves (“drive transmission unit” Figure 1 Element 51 [0044] , in response to operation of the second operation unit, the lens along the optical axis along which the emission light is emitted (“drive the…lens” [0046]) . Regarding Claim 2: Matsumoto further teaches that the head connector includes: a cover member (“Housing” [0056]) that covers the first operation unit (the housing covers the entire apparatus in which the first operation unit is included) ; and special screws that fix the cover member (“Screws” Figure 2 Element 56 and 25 as annotated “Special Screws”). Regarding Claim 3: Matsumoto further teaches that the optical axis adjuster includes a first position-fixing portion (“First contact surface” [0030] Figure 2 Element 24) that fixes a position of the fiber holder. Regarding Claim 4: Matsumoto further teaches that the cover member (“Housing” [0056]) covers the first position-fixing portion (“First contact surface” [0030] Figure 2 Element 24 and shown in inserted and covered position in Figure 4) . Regarding Claim 5: Matsumoto further teaches the divergence angle adjuster included a s second position-fixing portion (“second contact portion” [0033] Figure 3 Element 33)) that fixes the position of the lens (adjusts position of the “lens” [0011]) Regarding Claim 6: Matsumoto further teaches that the cover member (“Housing” [0056] See Figure 4 As Annotated) covers the second position-fixing portion (the housing covers the entire apparatus in which the second fixing portion is included). Regarding Claim 7: Matsumoto further teaches a seal member (Figure 2 Element 55) that is disposed in a region surrounded by the special screws (Figure 2 Element 56) so as to surround the first operation unit (“hides the operation portion” [0054]) . Miura Regarding Claim 8: Matsumoto further teaches that the seal member (Figure 2 Element 55) is further disposed so as to surround the second position-fixing portion (“second contact portion” [0033] Figure 3 Element 33 is surrounded by the seal by virtue of the seals position on the outside of the housing). Regarding Claim 11: Matsumoto further teaches a cover member (“Housing” [0056]) that covers the second operation unit (the housing covers the entire apparatus in which the second operation unit is included). Regarding Claim 12: Matsumoto further teaches that the head connector (Figure 2 Element 13) includes two positioning pins (See Figure 2 as annotated “Positioning Pins”) disposed on opposite sides of the insertion unit (Shown in Figure 2) , and the laser head includes positing holes (“insertion holes” [0030] Figure 2 Element 26) i nto which the two positioning pins can be fitted. Regarding Claim 13: Matsumoto further teaches the two positioning pins are arranged at positions ( See Figure 2 as annotated “Positioning Pins”) that are symmetrical with respect to a central axis of the lens (Shown in Figure 2) , and the positioning holes are provided at positions (“insertion holes” [0030] Figure 2 Element 26) symmetrical with respect to a center of an opening (Figure 3 Element 30) into which the insertion unit is inserted (As illustrated in inserted position in Figure 4) . Claim Rejections - 35 USC § 103 07-20-aia AIA 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. 07-21-aia AIA Claim s 9-10 are rejected under 35 U.S.C. 103 as being unpatentable over JP 2013013905A in view of Miura (WO2012102138A1): PNG media_image5.png 473 488 media_image5.png Greyscale Regarding Claim 9: Matsumoto teaches that the invention has an optical axis adjuster (“positioning pins and positioning holes constitute positioning means” [0034] for the optical axis”) which is configured to move the fiber holder (See Figure 5 as annotated) with a first operation unit (the positioning pins in the positioning holes are "configured to position the head connector 13 and the laser head 14 in a direction perpendicular to the optical axis of the laser beam L." [0034] and thus move the fiber holder of the head connector relative to the laser beam) Matsumoto does not teach that the optical axis adjuster is configured to move the fiber holder along and X axis and a Y axis that are orthogonal to the optical axis and orthogonal to each other, or that the first operation unit adds: an X-axis operating portion that this operated to adjust a position in an X-axis direction and a Y-axis operating portion that is operated to adjust a position in a Y-axis direction. However, Miura does teach a laser machining device in which the fiber holder (“optical fiber holder” [064] Figure 19 Element 204 ) is moved along an X axis (Shown in Figure 19) and a Y axis (Shown in Figure 19) that are orthogonal to the optical axis (“direction orthogonal to the optical axis” [0067]) and orthogonal to each other (Shown in Figure 19 ), and the first operation unit includes: an X-axis operating portion (Figure 19 Element 218) that this operated to adjust a position in an X-axis direction and an Y-axis operating portion (Figure 19 Element 220) that is operated to adjust a position in a Y-axis direction. Therefore, it would be obvious to one of ordinary skill in the art at the time of invention to modify the invention of Matsumoto with the X-axis operating portion and Y-axis operating portion of Miura as it has been held that modifications to make an invention adjustable require only routine skill in the art. MPEP 2144.04 V D ( In re Stevens, 212 F.2d 197, 101 USPQ 284 (CCPA 1954)) Regarding Claim 10 : Matsumoto as modified by Miura further teaches that the optical axis adjuster (Matsumoto (“positioning pins and positioning holes constitute positioning means” [0034] for the optical axis”) includes: an X-axis fixing portion that fixes the position in the X-axis direction (Miura See Figure 19 as annotated “X-axis Fixing Portion”) ; and a Y-axis fixing portion that fixes the position in the Y-axis direction (Miura See Figure 1 as annotated “Y-axis Fixing Portion”) . Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to SOLAN OLIVA whose telephone number is (571-)272-2518. The examiner can normally be reached Monday-Thursday 7:00-3:00. 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, Topaz Elliot can be reached at (571) 270-5851. The fax phone number for the organization where this application or proceeding is assigned is 571-270-5569. 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. /SOLAN OLIVA/Examiner, Art Unit 3761 /TOPAZ L. ELLIOTT/Primary Examiner, Art Unit 3761 Application/Control Number: 18/275,976 Page 2 Art Unit: 3761 Application/Control Number: 18/275,976 Page 3 Art Unit: 3761 Application/Control Number: 18/275,976 Page 4 Art Unit: 3761 Application/Control Number: 18/275,976 Page 5 Art Unit: 3761 Application/Control Number: 18/275,976 Page 6 Art Unit: 3761 Application/Control Number: 18/275,976 Page 7 Art Unit: 3761 Application/Control Number: 18/275,976 Page 8 Art Unit: 3761 Application/Control Number: 18/275,976 Page 9 Art Unit: 3761 Application/Control Number: 18/275,976 Page 10 Art Unit: 3761 Application/Control Number: 18/275,976 Page 11 Art Unit: 3761 Application/Control Number: 18/275,976 Page 12 Art Unit: 3761
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