DETAILED ACTION
Claim Interpretation
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are:
“clamping mechanism” recited in claim 1
“first urging member” recited in claim 4
“second urging member” recited in claim 5
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Due to the invocation of 35 U.S.C. 112(f), the limitation ‘clamping mechanism’ will be interpreted so as to comprise ‘a first clamping mechanism, a second clamping mechanism, and a an intermediate cylinder; wherein the first clamping mechanism comprises: a first outer cylinder in the form a first cylindrical member, the first outer cylinder being formed with a tapered surface on an inner peripheral surface on an inner peripheral surface of the first cylindrical member and decreasing in diameter toward a first direction in the longitudinal direction, a first inner cylinder in the form of a second cylindrical member, wherein a part of the second cylindrical member is inserted within the tapered surface of the first outer cylinder, a plurality of first rolling elements held in the first inner cylinder, a first urging member inserted within the inner peripheral surface of the first outer cylinder and comprising a first coil spring, and a first piston in the form a third cylindrical member and being arranged such that one end portion of the first piston in the longitudinal direction is in contact with an end portion of the first outer cylinder that faces the second direction; wherein the second clamping mechanism comprises: a second outer cylinder in the form a fourth cylindrical member, the second outer cylinder being formed with a tapered surface on an inner peripheral surface on an inner peripheral surface of the fourth cylindrical member and decreasing in diameter toward the second direction in the longitudinal direction, a second inner cylinder in the form of a fifth cylindrical member, wherein a part of the fifth cylindrical member is inserted within the tapered surface of the second outer cylinder, a plurality of second rolling elements held in the second inner cylinder, a second urging member inserted within the inner peripheral surface of the second outer cylinder and comprising a second coil spring, and a second piston in the form a fifth cylindrical member and being arranged such that one end portion of the second piston in the longitudinal direction is in contact with an end portion of the second outer cylinder that faces the second direction; and wherein the intermediate cylinder is in a form of a sixth cylindrical member and is located between the first piston and the second piston,’ as taught by the Specification (paragraphs 22 and 30 – 39), and equivalents thereof.
Due to the invocation of 35 U.S.C. 112(f), the limitation ‘first urging member’ will be interpreted so as to comprise ‘a first coil spring,’ as taught by the Specification (paragraph 35), and equivalents thereof.
Due to the invocation of 35 U.S.C. 112(f), the limitation ‘second urging member’ will be interpreted so as to comprise ‘a second coil spring,’ as taught by the Specification (paragraph 38), and equivalents thereof.
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 – 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 1 recites the limitation “substantially rectangular” in the first paragraph of the body of the claim. Because “substantially” is a term of degree which is not defined in the Specification, the metes and bounds of the limitation are unclear.
Allowable Subject Matter
Claims 1 - 7 would be allowable if rewritten or amended 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.
The following is a statement of reasons for the indication of allowable subject matter: Examiner notes that the allowable subject matter and closest prior art have been presented and discussed in the previous Office Action.
Conclusion
THIS ACTION IS MADE FINAL. 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 CHRISTOPHER BESLER whose telephone number is (571)270-5331. The examiner can normally be reached Monday - Friday, 10:30 am - 7:30 pm (EST).
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/CHRISTOPHER J. BESLER/Primary Examiner, Art Unit 3726
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