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 1-6 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 “when control of the turret slide axis for sliding the turret device and control of the tool spindle slide axis for sliding the tool spindle device are switched, the numerical control device shifts the control of the turret slide axis and the control of the tool spindle slide axis by changing a value of a predetermined device in the PLC”. These are all method steps of using an apparatus. Because the preamble of the claim is directed towards an apparatus and not a method of using the apparatus, it is not clear as to whether Applicant intends the limitations to be required, such that the claim is directed towards a method and not simply the apparatus, or whether Applicant intends the limitations to be functional language, such that the claimed apparatus merely has to be capable of performing the recited steps.
Claim 2 recites the limitation "…changing a value of the device of the PLC " in lines 4 and 5 of the claim and the limitation “the tool spindle axes” in line 8 of the claim. There is insufficient antecedent basis for these limitations in the claim.
Claim 2 recites “…executing a turret NC program for numerically controlling the turret slide device to control the turret slide device, executing a tool spindle NC program for numerically controlling the tool spindle slide device to control the tool spindle slide device, changing a value of the device of the PLC by a command of the turret NC program, and outputting a signal based on the changed value of the device from the PLC to the tool spindle NC program by processing of a ladder program of the PLC, the numerical control device releases control of the tool spindle slide axis necessary for the turret NC program among the tool spindle slide axes controlled by the tool spindle NC program”. These are all method steps of using an apparatus. Because the preamble of the claim is directed towards an apparatus and not a method of using the apparatus, it is not clear as to whether Applicant intends the limitations to be required, such that the claim is directed towards a method and not simply the apparatus, or whether Applicant intends the limitations to be functional language, such that the claimed apparatus merely has to be capable of performing the recited steps.
Claim 3 recites “…the numerical control device executes the turret NC program and changes the value of the device by using at least one of the M code and the macro variable”. These are all method steps of using an apparatus. Because the preamble of the claim is directed towards an apparatus and not a method of using the apparatus, it is not clear as to whether Applicant intends the limitations to be required, such that the claim is directed towards a method and not simply the apparatus, or whether Applicant intends the limitations to be functional language, such that the claimed apparatus merely has to be capable of performing the recited steps.
Claim 4 recites “…the numerical control device controls the turret slide device by executing a turret NC program for numerically controlling the turret slide device and controls the tool spindle slide device by executing a tool spindle NC program for numerically controlling the tool spindle slide device, turret slide axis identification information for identifying the turret slide axis in the turret NC program is set in the turret slide axis, tool spindle slide axis identification information for identifying the tool spindle slide axis in the tool spindle NC program is set in the tool spindle slide axis, when the control of the turret slide axis of the turret slide device and the control of the tool spindle slide axis of the tool spindle slide device are switched, the numerical control device releases the turret slide axis of predetermined turret slide axis identification information among the turret slide axes controlled by the turret NC program from the control of the turret NC program, the numerical control device releases, from the control of the tool spindle NC program, the tool spindle slide axis of the tool spindle slide axis identification information whose axial direction corresponds to the turret slide axis identification information of the turret slide axis whose control is released by the turret NC program among the tool spindle slide axes controlled by the tool spindle NC program, and after the controls of the turret slide axis and the tool spindle slide axis are released, the numerical control device assigns the tool spindle slide axis released from the control of the tool spindle NC program as an axis which is a control target of the turret NC program instead of the turret slide axis released from the control of the turret NC program”. These are all method steps of using an apparatus. Because the preamble of the claim is directed towards an apparatus and not a method of using the apparatus, it is not clear as to whether Applicant intends the limitations to be required, such that the claim is directed towards a method and not simply the apparatus, or whether Applicant intends the limitations to be functional language, such that the claimed apparatus merely has to be capable of performing the recited steps.
Claim 5 recites the limitation "…the device of the PLC " in line 14 of the claim. There is insufficient antecedent basis for these limitations in the claim.
Claim 5 recites “…the numerical control device changes a value of the device of the PLC, switches control of the first turret slide axis and control of the tool spindle slide axis of the first turret slide device, then controls the tool spindle slide device based on the tool spindle slide axis to move the tool spindle device along the tool spindle slide axis, and machines the workpiece held by the first workpiece spindle device by the tool spindle device”. These are all method steps of using an apparatus. Because the preamble of the claim is directed towards an apparatus and not a method of using the apparatus, it is not clear as to whether Applicant intends the limitations to be required, such that the claim is directed towards a method and not simply the apparatus, or whether Applicant intends the limitations to be functional language, such that the claimed apparatus merely has to be capable of performing the recited steps.
Claim 6 recites the limitation "…the tool spindle slide axes " in lines 10 and 11 of the claim. There is insufficient antecedent basis for these limitations in the claim.
Claim 6 recites “…the numerical control device executes a first turret NC program for numerically controlling the first turret slide device to control the first turret slide device, executes a second turret NC program for numerically controlling the second turret slide device to control the second turret slide device, and executes a tool spindle NC program for numerically controlling the tool spindle slide device to control the tool spindle slide device, the numerical control device changes a value of the device of the PLC by a command of the first turret NC program and outputs a signal based on the changed value of the device from the PLC to the tool spindle NC program by processing of a ladder program of the PLC to release control of the tool spindle slide axis necessary for the first turret NC program among the tool spindle slide axes controlled by the tool spindle NC program, and when the second turret NC program is using the tool spindle slide axis necessary for the first turret NC program, the numerical control device causes processing by the first turret NC program to wait until the second turret NC program releases the tool spindle slide axis necessary for the first turret NC program”. These are all method steps of using an apparatus. Because the preamble of the claim is directed towards an apparatus and not a method of using the apparatus, it is not clear as to whether Applicant intends the limitations to be required, such that the claim is directed towards a method and not simply the apparatus, or whether Applicant intends the limitations to be functional language, such that the claimed apparatus merely has to be capable of performing the recited steps.
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) 1-6 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Nakanishi (JP 2009172716A, herein referenced by the EPO English Machine Translation).
Re Claim 1, Nakanishi discloses a machine tool comprising: a turret device (4h, 4m); a turret slide device (6h, 6m, 7h, 7m) configured to slide the turret device (4h, 4m) along a turret slide axis; a tool spindle device (4u); a tool spindle slide device (6u, 7u) configured to slide the tool spindle device (4u) along a tool spindle slide axis; a numerical control device (10) configured to numerically control the turret slide device (6h, 6m, 7h, 7m) and the tool spindle slide device (6u, 7u) (Pars. 0015-0017, Fig. 1); and a programmable logic controller (PLC) (11h, 11u, 11m) connected to the numerical control device (10), when control of the turret slide axis for sliding the turret device (4h, 4m) and control of the tool spindle slide axis for sliding the tool spindle device (4u) are switched, the numerical control device (10) shifts the control of the turret slide axis and the control of the tool spindle slide axis by changing a value of a predetermined device in the PLC (11h, 11u, 11m) (Pars. 0016-0025, Figs. 1-3).
Re Claim 2, Nakanishi discloses by executing a turret NC program for numerically controlling the turret slide device to control the turret slide device (6h, 6m, 7h, 7m), executing a tool spindle NC program for numerically controlling the tool spindle slide device (2h, 2m) to control the tool spindle slide device, changing a value of the turret slide device (6h, 6m, 7h, 7m) of the PLC (11h, 11u, 11m) by a command of the turret NC program, and outputting a signal based on the changed value of the turret slide device (6h, 6m, 7h, 7m) from the PLC (11h, 11u, 11m) to the tool spindle NC program by processing of a ladder program of the PLC, the numerical control device 10 releases control of the tool spindle slide axis necessary for the turret NC program among the tool spindle slide axis controlled by the tool spindle NC program (Pars. 0016-0025).
Re Claim 3, Nakanishi discloses at least one of an M code which is a command for numerical control and a macro variable is set in the turret NC program, and the numerical control device executes the turret NC program and changes the value of the device by using at least one of the M code and the macro variable (Pars. 0009, 0014, 0017 and 0020).
Re Claim 4, Nakanishi discloses the numerical control device 10 controls the turret slide device (6h, 6m, 7h, 7m) by executing a turret NC program for numerically controlling the turret slide device (6h, 6m, 7h, 7m) and controls the tool spindle slide device (6u, 7u, 8u) by executing a tool spindle NC program for numerically controlling the tool spindle slide device (6u, 7u, 8u), turret slide axis identification information for identifying the turret slide axis in the turret NC program is set in the turret slide axis, tool spindle slide axis identification information for identifying the tool spindle slide axis in the tool spindle NC program is set in the tool spindle slide axis, when the control of the turret slide axis of the turret slide device and the control of the tool spindle slide axis of the tool spindle slide device are switched, the numerical control device 10 releases the turret slide axis of predetermined turret slide axis identification information among the turret slide axes controlled by the turret NC program from the control of the turret NC program, the numerical control device releases, from the control of the tool spindle NC program, the tool spindle slide axis of the tool spindle slide axis identification information whose axial direction corresponds to the turret slide axis identification information of the turret slide axis whose control is released by the turret NC program among the tool spindle slide axes controlled by the tool spindle NC program, and after the controls of the turret slide axis and the tool spindle slide axis are released, the numerical control device 10 assigns the tool spindle slide axis released from the control of the tool spindle NC program as an axis which is a control target of the turret NC program instead of the turret slide axis released from the control of the turret NC program (Pars. 0016-0025). Note: As the preamble of the claim relates to an apparatus and not a method, the recited method steps are not given patentable weight. The Examiner construes the invention of Nakanishi is capable of executing the aforementioned method steps as Nakanishi discloses a numerical control device 10 that executes NC programs that control the turret device (4u, 4h, 4m), turret slide device (6h, 6m, 7h, 7m), spindle device (4u) and spindle slide device (6u, 7u, 8u).
Re Claim 5, Nakanishi discloses a first workpiece spindle device (2h) configured to rotate a workpiece (not shown) about a workpiece spindle; and a second workpiece spindle device (2m) disposed at a position facing the first workpiece spindle device (2h) in a direction parallel to the workpiece spindle, the tool spindle device (4u) is disposed between the first workpiece spindle device (2h) and the second workpiece spindle device (2m) in the direction parallel to the workpiece spindle; the turret device (4h, 4m) includes a first turret device (4h) configured to machine the workpiece held by the first workpiece spindle device (2h) and a second turret device (4m) configured to machine the workpiece held by the second workpiece spindle device (2m), the turret slide device (6h, 6m, 7h, 7m) includes a first turret slide device (6h, 7h) configured to move the first turret device (4h) along a first turret slide axis and a second turret slide device (6m, 7m) configured to move the second turret device (4m) along a second turret slide axis, and when the workpiece held by the first workpiece spindle device (2h) is machined by the tool spindle device (4u), the numerical control device 10 changes a value of the device of the PLC, switches control of the first turret slide axis and control of the tool spindle slide axis of the first turret slide device, then controls the tool spindle slide device (6u, 7u, 8u) based on the tool spindle slide axis to move the tool spindle device (4u) along the tool spindle slide axis, and machines the workpiece held by the first workpiece spindle device (2h) by the tool spindle device (4u) (Pars. 0016-0025, Figs. 1-3).
Re Claim 6, Nakanishi discloses the numerical control device 10 executes a first turret NC program 11h for numerically controlling the first turret slide device (4h) to control the first turret slide device (4h), executes a second turret NC program 11m for numerically controlling the second turret slide device (4m) to control the second turret slide device (4m), and executes a tool spindle NC program 11u for numerically controlling the tool spindle slide device (4u) to control the tool spindle slide device (4u), the numerical control device 10 changes a value of the device of the PLC by a command of the first turret NC program 11h and outputs a signal based on the changed value of the device from the PLC to the tool spindle NC program 11u by processing of a ladder program of the PLC to release control of the tool spindle slide axis necessary for the first turret NC program 11h among the tool spindle slide axis controlled by the tool spindle NC program 11u, and when the second turret NC program 11m is using the tool spindle slide axis necessary for the first turret NC program 11h, the numerical control device 10 causes processing by the first turret NC program 11h to wait until the second turret NC program 11m releases the tool spindle slide axis necessary for the first turret NC program 11h (Pars. 0016-0025, Figs. 1-3).
Conclusion
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/BAYAN SALONE/ Primary Examiner, Art Unit 3726