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 .
Election/Restrictions
Applicant’s election without traverse of Group l, corresponding to claims 1-6, in the reply filed on 5/5/26 is acknowledged.
Claim Rejections - 35 USC § 112
3. 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 2-4 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.
Applicant recites having a “fourth working spindle” and a “fifth working spindle” in claims 2 and 3. However a “third working spindle” was never previously recited. The number of working spindles applicant is intending to claim is therefore unclear.
Applicant recites having a “fourth workpiece table” and a “fifth workpiece table” in claim 4. However, a “first workpiece table”, “second workpiece table”, and “third workpiece table” was never previously recited. The number of workpiece tables applicant is intending to claim is therefore unclear.
Applicant recites the phrase “can be” in claim 5 line 6. It is unclear whether applicant is intending to positively recite the limitations following the phrase “can be”. For the purpose of examination, the limitations following the phrase “can be” is interpreted as not being positively recited.
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.
Claim(s) 1 and 5 is/are rejected, as best understood in view of the above 112 rejection, under 35 U.S.C. 102(a)(1) as being anticipated by Gorrochategui (US 6,203,478).
Regarding to claim 1, Gorrochategui discloses a machine tool [Figure 1 in Gorrochategui] comprising: a machine frame (body 8, as can be seen from Figure 1 in Gorrochategui); at least a first working spindle (spindle 75, as can be seen from Figure 1 in Gorrochategui) which is pivoted about a first spindle axis (axis of 75, as can be seen from Figure 1 in Gorrochategui); at least a second working spindle (75a, as can be seen from Figure 1 in Gorrochategui) which is pivoted about a second spindle axis (axis of 75a, as can be seen from Figure 1 in Gorrochategui); a workpiece clamping device (sub-unit 19, as can be seen from Figure 1 in Gorrochategui) which is configured to receive at least a first workpiece (a first crankshaft 1, as can be seen from Figure 1 in Gorrochategui) and a second workpiece (a second crankshaft 1a, as can be seen from Figure 1 in Gorrochategui), wherein the first working spindle (75) and the second working spindle (75a) are arranged vertically above one another [as can be seen from Figure 1 in Gorrochategui].
Regarding to claim 5, Gorrochategui discloses the machine tool [Figure 1] according to Claim 1, wherein a tool magazine (supply unit 7, as can be seen from Figure 3a in Gorrochategui) is arranged at a longitudinal end of the workpiece clamping device (19) [Figure 1], wherein the tool magazine (7) comprises a chain circulation magazine (chain magazine, as described in column 13 line 54 and can be seen from Figure 3a in Gorrochategui), wherein a straight run (a vertical portion of the chain magazine, Figure 3a) of the chain circulation magazine is aligned vertically [as can be seen from Figure 3a in Gorrochategui], wherein the first working spindle (75) and the second working spindle (75a) can be displaced to the straight run (vertical portion of the chain magazine) of the chain circulation magazine [as can be seen from Figure 3a in Gorrochategui], wherein a distance between the first working spindle (75) and the second working spindle (75a) corresponds to a pitch or a multiple of the pitch (distance, as described in column 13 lines 46-64 in Gorrochategui) chain circulation magazine [as described in column 13 lines 46-64 and can be seen from Figure 1 in Gorrochategui].
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.
Claim(s) 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Gorrochategui (US 6,203,478).
Regarding to claim 6, Gorrochategui discloses the machine tool [Figure 1] according to Claim 5, having a tool magazine (Figure 3a) and a clamping device (19). However, Gorrochategui does not explicitly disclose having a further tool magazine arranged at a second longitudinal end of the workpiece clamping device, wherein the further tool magazine is configured symmetrically to the tool magazine. However, it would have been obvious to one of ordinary sill in the art before the effective filing date of the claimed invention to modify the machine tool in Gorrochategui to include a plurality of tool magazines, including having a further tool magazine arranged at a second longitudinal end of the workpiece clamping device, wherein the further tool magazine is configured symmetrically to the tool magazine, as a mere duplication of parts.
Allowable Subject Matter
Claims 2-4 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
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/NIRVANA DEONAUTH/ Primary Examiner, Art Unit 3726
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