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 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.
(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.
Claims 1, 6, 7, 16 and 17 are rejected under 35 U.S.C. 102(a)(1) and 35 U.S.C. 102(a)(2) as being anticipated by McMurtry et al. (US. Pub. No. 2006/0283034).
Regarding claim 1, McMurtry et al. discloses the invention where 14 is an articulated probe head; 8 is a first member; 12 is a second member coupled to the first member such that its orientation relative to the first member about a first axis can be changed between, and locked at one of, a plurality of predefined indexable orientations (see [0044]), wherein the first member and second member can be unlocked by separating the first member and second member along the first axis so as to thereby enable reorientation of the second member relative to the first member about the first axis (see [(0044)]; 10 is a third member coupled to the second member such that its orientation relative to the second member about a second axis can be changed between, and locked at one of, a plurality of predefined indexable orientations (see [0044]), wherein the second member and third member can be unlocked by separating the second member and third member along the second axis so as to thereby enable reorientation of the third member relative to the second member about the second axis, wherein the first and second axis are not parallel; and at least one powered mechanism (see [0050], solenoids 74) for controlling the separation of the first member and second member along the first axis and the separation of the second member and third member along the second axis, configured such that the separation of the first member and second member, and the separation of the second member and third member, can be controlled independently of each other (see [0051]).
Regarding claim 6, the stylus of McMurtry et al. includes a mount for receiving a tool (see [0030]).
Regarding claim 7, McMurtry et al. discloses the engagement elements as claimed (see [0044]).
Regarding claim 16, McMurtry et al. discloses that the articulated head is used with a positioning machine ([0002]).
Regarding claim 17, the method as claimed will be performed when the McMurtry et al. device is used in accordance with the McMurtry et al. disclosure.
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.
Claims 2-5 are rejected under 35 U.S.C. 103 as being unpatentable over McMurtry et al.
McMurtry et al. discloses the invention substantially as claimed. However, McMurtry et al. does not disclose the specific motors and drives of claims 2-5. The motors and drives of claims 2-5 are all old and well-known variations of the ones taught by McMurtry et al. Therefore, it would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to use the motors and drives as claimed in combination with the McMurtry et al. device based on manufacturer and/or end user preferences.
Claims 8-11 are rejected under 35 U.S.C. 103 as being unpatentable over McMurtry et al. in view of Jones (EP 0 637 729).
McMurtry et al. discloses the invention substantially as claimed. However, McMurtry et al. does not disclose the props as claimed. Jones discloses that props may be used for the purpose of locking and unlocking two relatively moveable members in different orientations (see col. 3, l. 23-col. 4 l. 23 and FIGS 1-3). Therefore, it would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to use the props of Jones in the manner as claimed in combination with the McMurtry et al. device for the purpose of locking the members of McMurtry et al. in different orientations.
Allowable Subject Matter
Claims 12-15 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 prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to G. BRADLEY BENNETT whose telephone number is 571.272.2237. The examiner can normally be reached M-TH, 8:00-6:00.
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, Peter Macchiarolo can be reached at 571.272.2375. 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.
/GEORGE B BENNETT/Primary Examiner, Art Unit 2855
gbb
6 OCT 2025