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 § 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 17, 18, 21 and 25 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 17 recites: “wherein the tool holder assembly includes a plurality of electrical activation systems and a plurality of movable portions, wherein each of the electrical activation systems is linked to a corresponding one of the movable portions.” It is noted that claim 1 already set forth an electrical activation system and a movable portion; therefore it is unclear if the systems and portions set forth herein are meant to be in addition to the singular system and portion set forth in claim 1 or if they are meant to include the system and portion set forth in claim 1.
Claim 18 recites: “wherein the tool holder assembly includes a plurality of movable portions, and the electrical activation system is linked to each of the movable portions.”
It is noted that claim 1 already set forth a movable portion; therefore it is unclear if the systems and portions set forth herein are meant to be in addition to the singular portion set forth in claim 1 or if they are meant to include the portion set forth in claim 1.
Claim 25 recites: “wherein the tool holder assembly comprises a plurality of electrical activation systems and a plurality of movable portions, wherein each of the electrical activation systems is linked to a corresponding one of the movable portions.” It is noted that claim 20 already set forth an activation system and a movable portion; therefore it is unclear if the systems and portions set forth herein are meant to be in addition to the singular system and portion set forth in claim 20 or if they are meant to include the system and portion set forth in claim 20.
With regards to claim 21, there is insufficient antecedent basis for “the electrical activation system” – it is noted that claim 20 only set forth “an activation system”
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 20 and 26 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kawano (US Patent 5,642,642).
With regards to claim 20, Kawano discloses a tool holder assembly comprising:
a stationary portion (7) having a vertical side wall that partially defines a tool channel;
a movable portion (11) situated opposite the vertical side wall of the stationary portion; and an activation system (15) to which the movable portion is operatively linked;
wherein the activation system includes an output shaft (37) that is movable upon activation of the system and when moved results in movement of the movable portion in a first direction toward the tool channel to secure tooling (9) when loaded within the tool channel; and
wherein upon contact between the movable portion (11) and the tooling (9) when loaded in the tool channel, the movable portion is configured to shift in a second direction to a new orientation relative to the tooling in the event a better engagement between the moveable portion and the tooling can be achieved, wherein movement of the movable portion in the second direction stops at the new orientation when the movable portion becomes engagingly locked with the tooling, as seen in at least Figure 2 and described in at least Column 4, lines 30 – Column 5, lines 1-50.
With regards to claim 26, Kawano discloses wherein the output shaft (37) comprises male and female portions that are collectively linked to the movable portion (11), as seen in at least Figure 2.
Allowable Subject Matter
Claims 22-24, 27 and 28 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.
Claims 17, 18, 21 and 25 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.
Claims 1-16, 19 and 29-35 are allowed. It is in the opinion of the examiner that the art of record neither anticipates nor renders obvious “(claim 10) wherein the electrical activation system includes an output shaft that is movable upon activation of the system and when moved results in corresponding movement of the movable portion, the electrical activation system comprising a motor and gearbox from which the output shaft extends…(claim 29) the base portion of the body having formed therein an interiorly-threaded opening; and an activation system operatively linked to the movable portion by an exteriorly-threaded output shaft in threaded engagement with the interiorly-threaded opening in the base portion of the body, such that the exteriorly-threaded output shaft is configured to rotate in a first direction upon activation of the activation system and thereby move the movable portion toward the tool channel such that the two offset fingers engage tooling when loaded in the tool channel” in combination with the rest of the claimed limitations set forth in the independent claim.
Searching by the Examiner yielded prior art as follows:
US 2011/0247389 discloses a tool holder assembly including a stationary portion (48) and a movable portion (49) with an activation system including a wedge (13), as seen in at least Figure 11.
US 2004/0074278 discloses a tool holder assembly including a stationary portion (9) and a movable portion (111) with activation system (15), as seen in Figures 1 and 5.
The combination of the above references provides no teaching nor would it have been obvious to combine the features as required by the claims and would require hindsight since there is no motivation to modify the prior art. Therefore, it is concluded by the examiner that claims 1-16, 19 and 22-24 of the present invention are allowable.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TERESA M EKIERT whose telephone number is (571)272-1901. The examiner can normally be reached Monday-Friday 8AM-4:30PM EST.
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/TERESA M EKIERT/Primary Examiner, Art Unit 3725