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
Claims 1-3 is/are objected to because of the following informalities:
Since the scope of the claims drawn to “an apparatus” as indicated in the preamble (see claim 1, line 1). In formulate the rejection on the merit the Examiner presumes that the claims directed to an apparatus and its elements and claims will be rejected accordingly.
“, comprising” (claim 1, line 2) should be updated to: --“, the coil holding apparatus comprising:” --, for clarity of the transition terms.
In line 1 of claims 2-3, "Claim" should not be capitalized. 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 1-3 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.
The phrases:
“for laying a concentrated wound cassette coil in which a wire is laminated in multi layers,”(preamble of claims 1-3) is intended use which does not further limit the claimed apparatus.
“configured to support the concentrated wound cassette coil” (claim 1, line 3-4) similar to the above considered to be intended use.
Scope of the claim 2 is unclear since the claims directed to an apparatus and claim 2 recites of:
”wherein the concentrated wound cassette coil and its structure thereto ” (see lines 1-3 of claim 2) which made scope of the claim unclear (note that the concentrated wound cassette coil is a separate entity than the claimed apparatus which raise 112 issues).
“configured to cause the supporting parts to move . . .”(see claim 3, lines 2-4) is also considered to be functionally intended use.
Note: The office hereby notes the phrase(s)”configured to” do not limit a claim to a particular structure but rather makes optional and does not denote how features are structurally associated.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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) 1-3 as best understood is/are rejected under 35 U.S.C. 102a1 as being By J.K. Wood (2412852).
J.K. Wood discloses the broadly claimed coil holding apparatus for laying a concentrated wound cassette coil in which a wire is laminated in multi layers, comprising
a plurality of supporting parts 8/14 configured to support the concentrated wound cassette coil, wherein the plurality of the supporting parts 8/14 include a first supporting part having a first height in the vertical direction and a second supporting part having a second height different from the first height in the vertical direction (see Fig. 2, which depicts the include a first supporting part 8/14 (left side support) having a first height in the vertical direction and a second supporting part 8/14 ((right hand side support having a second height different from the first height in the vertical direction).
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Limitations of claims 2-3 as best understood are also met by the J.K. Wood as applied above. Note that the Examiner only considers the structure inventive features of the claimed apparatus as parts of the formulated rejection above.
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) 1-3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Fan et al (20140175248) in view of J.K. Wood.
Fan et al discloses the claimed coil holding apparatus, comprising
a plurality of supporting parts 30’s, 40 configured to support the concentrated wound cassette coil, wherein the plurality of the supporting parts 30’s, 40 include a first supporting part having a first height in the vertical direction and a second supporting part having a second height different from the first height in the vertical direction (see Fig. 1, which depicts a first supporting part 30 (left side support) having a first height in the vertical direction and a second supporting part 30 (right hand side support having a second height different from the first height in the vertical direction by adjusting the support 30).
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If argues that the Fan et al does not teach the height different of the supports 30’s. then Applicant(s) refers to J.K. Wood (see Fig. 2) for the height configured to different between the supports. Therefore, it would have been obvious to one having an ordinary skill in the art at the effective filing date of the invention to employ the J.K. Wood’s teaching as noted above onto invention of Fan in order to form the holding apparatus by utilizing the known and available concepts. The motivation for the combination can be obtained by either reference (see ¶ [0004]) of the Fan reference.
Limitations of claims 2-3 as best under stood are also met by the Fan et al (see Fig. 1).
Conclusion
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/MINH N TRINH/ Primary Examiner, Art Unit 3729 mt