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 .
Response to Arguments
Applicant's arguments filed 4/6/26 have been fully considered but they are not persuasive. Applicant argues that “Miyahara is silent as to a pressing member remaining in contact with the guide portion when the rotary platen rotates.” However, this feature is unclaimed. In response to applicant's argument that the references fail to show certain features of the invention, it is noted that the features upon which applicant relies are not recited in the rejected claim(s). Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993). Applicant points to the “relative sliding” language between the pressing member and the guide portion (keep in mind the guide portion is just peripheral surface of the rotary platen, see claim 4), but this merely requiring that the rotation of the rotary platen is moved in a direction transverse to the direction of position determination part, which Miyahara certainly discloses. Furthermore, the combination of Miyahara and Obikane would disclose this feature as the roll of Obikane is clearly capable of being in constant contact with a surface and Miyahara has cylinder (16) for linear displacement [Fig 3, 4] and would be capable of placing the pressing member in constant contact with the rotary platen. Hence, this (currently unclaimed) feature is merely an intended use and not a structural feature. The manner of operating a device does not differentiate an apparatus claim from the prior art, see MPEP 2114 II.
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 1, 3-8 are rejected under 35 U.S.C. 103 as being unpatentable over Miyahara (JP H058246) in view of Obikane (JP 2020-25128).
As to claim 1, A position determining mechanism for a rotary platen, the rotary platen being disposed to face a mold platen and being provided to be rotatable with respect to the mold platen, the position determining mechanism comprising: a position determination part (12) continuously provided to one platen of the mold platen and the rotary platen (10); and a position determination driving unit (14) provided to the other platen, wherein the position determination driving unit includes a press member (19) and pressing means (phrased as “driven by air or hydraulic pressure”) [0009], and wherein when the press member (58, 42) is pressed by the pressing means and the press member (58) is fitted into the position determination part, a rotation position of the rotary platen is determined [Fig 1, 3, 4, 6].
As the claim is directed to the position determining mechanism, the various platens are not a limitation of the claim as they are objects that are not part of the claimed invention, which is the position determining mechanism in particular.
Miyahara teaches a circular or arcuate guide portion (the edge surface of the rotary plate 10 or the groove 122 in Fig 6) concentric with the rotary platen is formed on the one platen, and the position determination part is provided continuously with the guide portion, and wherein when the rotary platen rotates, the press member is configured to be pressed by the pressing means and slide in contact with the guide portion so as to be guided to the position determination part [Fig 1, 3, 4, 6].
The examiner notes that applicant does not require the guide portion be a groove or have any feature in particular beyond being in contact with the pressing member and concentric with the rotary platen as in [Fig 4] or claim 4 of applicant’s own disclosure.
Obikane teaches a position detecting mechanism within a conveying device [Abstract] wherein a roller (93) guides along a surface until it reaches a desired position indicated by a v notch [Fig 12, 13] which allows for highly accurate determination of a position [0045, 0046]. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have altered the invention of Miyahara and made the tip of the press member a roller that slides/rolls along the guide portion, as suggested by Obikane, as this had demonstrated success at determining when a desired position is arrived at and was compatible with V- notch position indicators.
As to claim 3, Miyahara teaches the position determining mechanism for a rotary platen according to wherein the pressing means is configured to press the press member (58, 42) according to a rotation position of the rotary platen, and in a case where the press member comes near the position determination part, the pressing means presses the press member so that the press member comes into contact with the guide portion [Fig 1, 3, 4, 6].
As to claim 4, Miyahara teaches The position determining mechanism for a rotary platen according to wherein the one platen is the rotary platen (10), and wherein an outer peripheral wall of the rotary platen serves as the guide portion [Fig 1, 3, 4, 6].
As to claim 5, Miyahara teaches The position determining mechanism for a rotary platen according to the position determination part is provided to the one platen at a reference position of the rotary platen and a position whose rotation phase is shifted by 180 degrees from the reference position [Fig 6].
As to claim 6, Miyahara teaches The position determining mechanism for a rotary platen wherein a V-notch is formed in the position determination part and wherein a tip end of the press member is fittable into the V-notch [Fig 3, 0007]
As to claim 7, Miyahara teaches the press member moves along the guide surface comes into contact with a V-notch, the tip of the press member comprising a round cylinder [Fig 3, 4], but does not explicitly state the tip end a roller.
Obikane teaches a position detecting mechanism within a conveying device [Abstract] wherein a roller (93) guides along a surface until it reaches a desired position indicated by a v notch [Fig 12, 13] which allows for highly accurate determination of a position [0045, 0046]. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have altered the invention of Miyahara and made the tip of the press member a roller, as suggested by Obikane, as this had demonstrated success at determining when a desired position is arrived at and was compatible with V- notch position indicators.
As to claim 8, Miyahara teaches The position determining mechanism for a rotary platen according to any one of claims 1 to 7, wherein the pressing means (16) includes a cylinder unit [0007].
Claim 9 and 20 is rejected under 35 U.S.C. 103 as being unpatentable over Miyahara (JP H058246) in view of Obikane (JP 2020-25128), as applied to claims 1, 3-8 above, and in further view of Nippon Bearing (Linear Bushings).
As to claim 9, Miyahara teaches a guide for the pressing means configured to guide movement of the press member [Fig 3, 4], but does not explicitly state the guide includes a ball bush.
Nippon Bearing teaches multiple bushings/bearings including a linear ball bushing and notes that such parts “standard parts for linear motion” and that these bushings allow for a stroke motion to be obtained with “very little frictional resistance.” It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have altered the invention of Miyahara and made the guide element be a ball bushing, as suggested by Nippon Bearing, as these parts were typical for linear motion and allowed for operation with minimal frictional resistance.
As to claim 20, Miyahara teaches a cylinder unit (16). Miyahara teaches the press member moves along the guide surface comes into contact with a V-notch, the tip of the press member comprising a round cylinder [Fig 3, 4], but does not explicitly state the tip end a roller.
Obikane teaches a position detecting mechanism within a conveying device [Abstract] wherein a roller (93) guides along a surface until it reaches a desired position indicated by a v notch [Fig 12, 13] which allows for highly accurate determination of a position [0045, 0046]. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have altered the invention of Miyahara and made the tip of the press member a roller, as suggested by Obikane, as this had demonstrated success at determining when a desired position is arrived at and was compatible with V- notch position indicators.
Miyahara teaches a guide for the pressing means configured to guide movement of the press member [Fig 3, 4], but does not explicitly state the guide includes a ball bush.
Nippon Bearing teaches multiple bushings/bearings including a linear ball bushing and notes that such parts “standard parts for linear motion” and that these bushings allow for a stroke motion to be obtained with “very little frictional resistance.” It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have altered the invention of Miyahara and made the guide element be a ball bushing, as suggested by Nippon Bearing, as these parts were typical for linear motion and allowed for operation with minimal frictional resistance.
Conclusion
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 ARMAND MELENDEZ whose telephone number is (571)270-0342. The examiner can normally be reached 9 AM- 6 PM Monday-Friday.
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/ARMAND MELENDEZ/Primary Examiner, Art Unit 1759
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