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 Objections
Claim 1 is objected to because of the following informalities: the term “the” should be after the term “and” and before the term “slider” in Line 20. Appropriate correction is required.
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 3-5 and 7 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.
Claim 3 recites “[t]he machining tool according to claim 2” in Line 1. Yet, claim 2 has been cancelled. As such, the scope of claim 3 is unclear. Appropriate correction required.
Claim 7 recites “in a case where the tool spindle is positioned at an upper stroke end in the second axial direction” in Lines 3-4. The claim lacks a definite scope due to the phrase “in a case where.” It is unclear whether the limitations following the “in a case where” clause are required if the “in a case where” condition does not occur. Examiner suggests reciting the limitation in positive language reflecting the claimed positional relationships. Appropriate correction required.
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.
Claims 1-4, 6 and 7 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kessler (EP 1402991 A2).
(Claim 1) Kessler discloses a machine tool that includes: a bed (5); a column (6) provided on the bed so as to be erected therefrom; a saddle (15) that is a moving body supported by the column; and a tool spindle (50) that is supported by the saddle and rotates a tool (51) around a rotation center axis extending in a first axial direction (Z-axis) parallel to a horizontal plane (Fig. 1). The saddle has a frame portion (17-19) which is provided so as to surround the tool spindle (Fig. 1). A thickness of the frame portion in the first axial direction changes along a second axial direction (Y-axis) parallel to a vertical direction (Fig. 1). The thickness is maximum at a first position (at guide 9) closer to an upper end portion of the frame portion than a lower end portion (at guide 8) of the frame portion (Fig. 1). The saddle is movable with respect to the column in a third axial direction (X-axis) that is parallel to the horizontal plane and orthogonal to the first axial direction (Z-axis). The tool spindle is movable with respect to the saddle in the second axial direction (Y-axis along guides 32, 33 via shoes 43-45; see also translation). The machine tool further includes a first guide portion (at 23) that guides the saddle in the third axial direction and is arranged at the first position in the second axial direction (Figs. 1-3, 5). The first guide portion includes a rail (9) that is arranged on the column; and a slider (23) that is arranged between the rail and the saddle (Figs. 1-7). The rail and the slider are arranged along the first direction at the first position (Figs. 1-7).
(Claim 3) A second guide portion (at 25, 26) guides the saddle in the third axial direction (X-axis) and is arranged at a second position below the first position in the second axial direction (Figs. 1-5). A thickness of the column (6) in the first axial direction at the second position is larger than a thickness of the column in the first axial direction at the first position (at 25, 26; Figs. 1-5 vs column at 23).
(Claim 4) Kessler discloses a saddle having a first guide mounting surface and a second guide mounting surface to which the first guide portion and the second guide portion are attached respectively (the surfaces are the opposed surfaces of the U-shape interior of 23 and 25/26, respectively; it is worth noting that the first and second guide portions are portions - mere arbitrary parts of a whole), and the column has a third guide mounting surface and a fourth guide mounting surface (the surfaces are the opposed surfaces of the exterior U-shape of 8 and 9, respectively) which face the first guide mounting surface and the second guide mounting surface in the first axial direction respectively and to which the first guide portion and the second guide portion are attached, respectively (Figs. 1-5).
(Claim 6) The frame portion includes a first gradually decreasing portion in which the thickness of the frame portion in the first axial direction decreases from the first position (at guide 9) to the upper end portion of the frame portion in the second axial direction, and a second gradually decreasing portion in which the thickness of the frame portion in a fourth axial direction being opposite the first axial direction decreases from the first position (at guide 9) to the lower end portion of the frame portion in a fifth axial direction being opposite the second axial direction (Figs. 1-5).
(Claim 7) The tool spindle is movable in the second axial direction with respect to the saddle (Y-axis along guides 32, 33 via shoes 43-45; see also translation). As best understood, in a case where the tool spindle is positioned at an upper stroke end in the second axial direction, the rotation center axis is configured to be located at the same height as the first position or above the first position in the second axial direction (Figs. 1, 4, 5).
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 5 is rejected under 35 U.S.C. 103 as being unpatentable over Kessler (EP 1402991 A2) in view of Liu et al. (CN 106112566 A).
Kessler discloses a first feeding device (10) that is arranged at a position closer to the first guide portion (at 9) than the second guide portion (at 8) in the second axial direction (Y-axis) and drives the saddle in the third axial direction (X-axis). Yet, Kessler does not explicitly disclose a second feeding device that is provided at a position closer to the second guide portion than the first guide portion in the second axial direction and drives the saddle in the third axial direction.
Liu et al. (“Liu”) discloses a first feeding device (2) that is arranged at a position closer to the first guide portion (at upper 6) than the second guide portion (at lower 6) in the second axial direction (Y-axis) and drives the saddle in the third axial direction (X-axis); and a second feeding device (2) that is provided at a position closer to the second guide portion (at lower 6) than the first guide portion (at upper 6) in the second axial direction and drives the saddle in the third axial direction (Fig, 1). At a time prior to filing it would have been obvious to modify/provide the machine tool disclosed in Kessler with a second drive as suggested by Liu in order to realize X-axis motion without the concern of binding along the guides as is well known in the art, the fact of which examiner takes official notice.
Claims 1 and 3-7 are rejected under 35 U.S.C. 103 as being unpatentable over Liu et al. (CN 106112566 A) in view of Kessler (EP 1402991 A2).
(Claim 1) Liu discloses a machine tool that includes: a bed (5); a column (4) provided on the bed so as to be erected therefrom; a saddle (8) that is a moving body supported by the column; and a tool spindle (12) that is supported by the saddle for rotating a tool around a rotation center axis extending in a first axial direction (Z-axis) parallel to a horizontal plane (Fig. 1). The saddle has a frame portion (a portion is merely part of whole and may be arbitrarily set) which is provided so as to surround the tool spindle (Fig. 1). A thickness of the frame portion in the first axial direction changes along a second axial direction (Y-axis) parallel to a vertical direction (Fig. 1). The thickness is maximum at a first position (at upper guide 6) closer to an upper end portion of the frame portion than a lower end portion (at a point below the upper end portion) of the frame portion (Fig. 1). The saddle is movable with respect to the column in a third axial direction (X-axis) that is parallel to the horizontal plane and orthogonal to the first axial direction (Z-axis). The tool spindle is movable with respect to the saddle in the second axial direction (Y-axis along guides 10; see also translation). The machine tool further includes a first guide portion (at upper 16) that guides the saddle in the third axial direction and is arranged at the first position in the second axial direction (Figs. 1-3). The first guide portion includes a rail (6) that is arranged on the column; and a slider (16) that is arranged between the rail and the saddle (Figs. 1-3). The rail and the slider are arranged along the first direction at the first position (Figs. 1-3). Liu does not explicitly disclose the spindle driving rotation of a tool.
Kessler discloses a spindle (50) driving rotation of a tool (51) around a rotation center axis extending in a first axial direction (Z-axis) parallel to a horizontal direction (Fig. 1). At a time prior to filing it would have been obvious to one having ordinary skill in the art to provide the machine tool disclosed in Liu with a rotary spindle and tool as taught by Kessler in order to perform a machining operation on a workpiece (see translation).
(Claim 3) A second guide portion (at lower 16) guides the saddle in the third axial direction (X-axis) and is arranged at a second position below the first position in the second axial direction (Figs. 1-3). A thickness of the column in the first axial direction at the second position (at lower 16) is larger than a thickness of the column in the first axial direction at the first position (Fig. 1 shows that rear of column inclines such that the bottom end is greater in thickness than the top end).
(Claim 4) Liu discloses a saddle having a first guide mounting surface and a second guide mounting surface to which the first guide portion and the second guide portion are attached respectively (the surfaces for mounting 16), and the column has a third guide mounting surface and a fourth guide mounting surface (the surfaces for mounting 6) which face the first guide mounting surface and the second guide mounting surface in the first axial direction respectively and to which the first guide portion and the second guide portion are attached, respectively (Figs. 1, 3).
(Claim 5) Liu discloses a first feeding device (2) that is arranged at a position closer to the first guide portion (at upper 6) than the second guide portion (at lower 6) in the second axial direction (Y-axis) and drives the saddle in the third axial direction (X-axis); and a second feeding device (2) that is provided at a position closer to the second guide portion (at lower 6) than the first guide portion (at upper 6) in the second axial direction and drives the saddle in the third axial direction (Fig, 1).
(Claim 6) The frame portion includes a first gradually decreasing portion in which the thickness of the frame portion in the first axial direction decreases from the first position to the upper end portion of the frame portion in the second axial direction, and a second gradually decreasing portion in which the thickness of the frame portion in a fourth axial direction being opposite to the first axial direction decreases from the first position to the lower end portion of the frame portion in a fifth axial direction being opposite to the second axial direction (Figs. 1, 3). Again, because the frame portion is merely a portion of the frame, it may be identified arbitrarily to read upon the claim.
(Claim 7) The tool spindle is movable in the second axial direction with respect to the saddle (Y-axis along guides 10; see also translation). As best understood, in a case where the tool spindle is positioned at an upper stroke end in the second axial direction, the rotation center axis is configured to be located at the same height as the first position or above the first position in the second axial direction (Figs. 1, 2).
Response to Arguments
Applicant's arguments filed August 23, 2026 have been fully considered but they are not persuasive. Applicant argues that the Kessler reference fails to disclose a guide rail provided slightly below a thickest portion of the saddle, which is not at the thickest portion. Additionally, Applicant contends that the guide rail and the slider in Kessler are not arranged along the first direction.1 Turning to the Liu reference, Applicant alleges that the saddle thickness is constant; and therefore, Liu does not read upon the first guide portion per claim 1. Examiner disagrees.
The Kessler reference reads upon the claimed invention. The guide rail and the slider are “at” the first position in that both features are directly connected to the thickest portion of the frame. Furthermore, the term “at” means “used as a function word to indicate presence or occurrence in, on, or near.” https://www.merriam-webster.com/dictionary/at (last visited August 31, 2026). Under the broadest reasonable interpretation, the guide rail and the slider are each at (on or near) the first position of the thickest portion of the frame.2 Likewise, under the broadest reasonable interpretation, the guide rail and the slider in Kessler are arranged along the first direction. Each feature is positioned along the first direction. If Applicant desires a narrower interpretation, the claim must be amended to reflect the intended arrangement. Thus, the Kessler reference anticipates the claimed invention.
Relative to the Liu line-of-rejection, it must be recognized that claim 1 requires a thickness, measured in the first direction, of a frame portion to change along a second axial direction. As indicated in the rejection above, the frame portion is merely a part of the whole and may be arbitrarily set. Therefore, the frame portion thickness, may be set to meet the thickness change (of the portion) as claimed.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See Guo et al. (CN 112453923 A); and Koike (US Pub. No. 2002/0116805 A1).
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RYAN RUFO whose telephone number is (571)272-4604. The examiner can normally be reached Mon-Thurs.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Singh Sunil can be reached at (571) 272-3460. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/RYAN RUFO/Primary Examiner, Art Unit 3722
1 Applicant refers to “the extending direction” in the Remarks at pages 7-8, but such a direction is absent from the claims. It is presumed that Applicant is referencing the first direction as claimed.
2It is worth noting that the frame portion may be arbitrarily set as it is merely a part of the whole.
Prosecution Insights