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
Claim 2 is objected to because of the following informalities: “the axial direction” should read “the first axial direction”. Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claim 2 is rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends. Claim 2 states that the axial direction is a first axial direction and the scale is arranged along it, however, claim 1 recites at least one axial direction which the magnetic scale is arranged along and thus the only difference in the claim is calling the at least one axial direction a first axial direction, which doesn’t further limit the claim as there is no other direction mentioned. Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
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 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.
Claims 1-3 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Suzuki (TW201422351A).
Regarding claim 1, Suzuki discloses a precision-enhanced laser engraving device (fig 1), comprising: a working platform (4, fig 1), which defines at least one axial direction (X axis, fig 1), a laser emission port (location where laser L comes from, not shown in drawings but a laser would need to be emitted from somewhere, fig 2) being arranged at one side of the working platform; a magnetic scale (page 4, par. 2), which is arranged in the axial direction and is provided with graduations, the graduations are stated as the magnetic band scale having a magnetic lattice strips; a focusing lens set (13, fig 2), which is movably arranged on the magnetic scale, because the lens 13 is arranged on element 1 which is attached to element 32 which contains the magnetic scale, the lens is movable arranged on the magnetic scale; a driver mechanism (3, fig 1), which drives the focusing lens set to move on the magnetic scale, stating “[t]he laser irradiation device 1 is moved substantially parallel to the installation table 4 by a driving device”, page 5, para. 1; and a reader (magnetic sensor head, page 4, par. 002), which is arranged on the focusing lens set and reads the graduations of the magnetic scale to provide an instantaneous position signal (page 4, par 2 and 3).
Regarding claim 2, Suzuki discloses wherein the axial direction comprises a first axial direction (X axis, fig 1), and the magnetic scale is arranged in the first axial direction (page 4, par. 002, ).
Regarding claim 3, Suzuki discloses wherein at least one reflection mirror (122, fig 2) is arranged between the laser emission port and the focusing lens set.
Conclusion
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/SEAN V MEILLER/ Examiner, Art Unit 3741
/GERALD L SUNG/Primary Examiner, Art Unit 3741
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