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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 10/30/2023. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Status of the Claims
In the claim dated 10/30/2023, claims 1-5 are pending.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
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:
Claim 5 recites: “ the tip separation units …are disposed in a state of being supported by an elastic member in the housing” being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) “elastic member” 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.
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.
With regards to the corresponding structure of the claimed “elastic member” , Applicant’s Specification, pub. Para.0039 discloses: “the elastic member 402 may be a compression spring S which generates repulsive force when compressed”.
If applicant wishes to provide further explanation or dispute the examiner’s interpretation of the corresponding structure, applicant must identify the corresponding structure with reference to the specification by page and line number, and to the drawing, if any, by reference characters in response to this Office action.
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.
Claim Objections
Claim 1 and 4 are objected to because of the following informalities:
Claim 1, line 33, “the pushing came” should be “the pushing cam”.
Claim 1, lines 32-33, “the second hole” should be “the second insertion hole”.
Claim 4, lines 10-11, “the bottom surface of the rotating body” lacks antecedent basis but does not render the claim indefinite. The term “the bottom surface of the rotating body” should be amended as “a bottom surface of the rotating body”.
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 1-5 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as failing to set forth 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 “a corresponding one of the tips after passing through the first insertion holes is inserted thereinto” in lines 17-18. It is unclear if the terms “a corresponding one of the tips” and “the first insertion holes” correspond to “a corresponding one of tips” and “a first insertion hole” previously recited in lines 5-6 in the limitation “a first insertion hole, into which a corresponding one of tips coupled to fingers of the welding gun is inserted”. As shown in fig.5 of the current application, only one tip TI passes through the first insertion hole 110. Therefore, for examination purposes, the terms “a corresponding one of the tips” and “the first insertion holes” (lines 17-18) refer to the claimed “corresponding one of the tips” and “first insertion hole” (lines 5-6), respectively. If so, the terms “a corresponding one of the tips” and “the first insertion holes” (lines 17-18) should be amended as “the corresponding one of the tips” and “the first insertion hole”.
Claim 1 recites the limitation “a tooth part configured to press an outer circumferential surface of the tip inserted into the second insertion hole” in lines 20-22. It is unclear the relationship between the term “an outer circumferential surface of the tip” (lines 20-22) and “outer circumferential surfaces of the tips” (previously recited in line 10 of claim 1). It is not sure if the term “an outer circumferential surface of the tip” (lines 20-22) is a part of the “outer circumferential surfaces of the tips” (line 10). As shown in fig.5 of the current application,the outer circumferential surface of the tip inserted into the second insertion hole 211 is the same as the outer circumferential surface of the tip inserted into the first insertion hole 110. Thus, for examination purposes, the term “an outer circumferential surface of the tip” (lines 20-22) is construed as a part of the “outer circumferential surfaces of the tips” (line 10).
Claims 2-5 are rejected as being dependent on, and failing to cure the deficiencies of, rejected independent claim 1.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
US 20200094343 A1 discloses A fixture for automatically replacing a defective/ burnback contact tip coupled to a torch arm of a robotic welder wherein the robotic welder is configured to feed a welding wire to the contact tip.
US10427240B2 discloses a tip changer for a spot welding machine, more particularly, relates to a tip changer for a spot welding machine that separates and removes a welding tip of a distal end of a welding gun of the spot welding machine.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TIFFANY T TRAN whose telephone number is (571)272-3673. The examiner can normally be reached on Monday - Friday, 10am - 6pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Edward Landrum can be reached on (571) 272-5567. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/TIFFANY T TRAN/ Primary Examiner, Art Unit 3761
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