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 .
Election/Restrictions
Applicant’s election without traverse of Group I, claims 1-10 in the reply filed on 04/23/2026 is acknowledged.
Claims 11-20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected Groups II-III, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 04/23/2026.
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.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not 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 not 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 function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
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: “drive control unit” and “drive unit” in claims 4 and 7.
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.
Claim Rejections - 35 USC § 102
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) 1-3, 6-7 and 10 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Smith US 9,868,182.
In regards to claim 1, Smith discloses a boring bar system (Figure 6) sized and configured for removable in-situ placement within a cylindrically-shaped worksite configured for use in inspecting or maintaining a work surface that is fixedly and non-removably located at the worksite, the system comprising: a boring bar having: a vertically oriented rotating main shaft (200) having a top end and a bottom end and being configured to rotate entirely around about a central vertical axis extending through a center of the top end and bottom end of the main shaft (200); a pair of stationary spiders (203) configured to support and to correctly locate a position of each of the top and bottom ends of the main shaft with respect to the worksite, each of the pair of spiders (203) having a plurality of outwardly radiating horizontally oriented arms (203a-f), wherein each of the arms includes a fixed end that is fixed to the spider (203) and an opposing free end that is configured to removably mount to the worksite; a pair of supports (202a, b) that are each directly and exclusively mounted between one of the pair of spiders and either the top end or bottom end of the main shaft such that the main shaft is permitted to rotate with respect to the spiders via the pair of supports while in-situ at the worksite; and a tool arm assembly (7, see Figure 3D) having one or more tool mounting locations (locations determined by a desired position when sliding either/or both of 40 and 10 via 54 and 20 respectively) that permit a tool to be removably and operatively mounted to the main shaft in a plurality of selected vertical and radial positions with respect to the main shaft and to rotate with the main shaft while the tool is in contact with the work surface.
In regards to claim 2, Smith discloses the system of claim 1, Smith discloses that the supports (202a, b) comprise bearing assemblies.
In regards to claim 3, Smith discloses the system of claim 1, Smith discloses that the tool arm assembly (7) comprises: a tool arm (see Figure 6) with a first end attached to the main shaft and an opposing second end (see Figure 6); and a slide plate and machine slide combination (see Figure 3D) configured to removably and operatively mount a tool to the tool arm (see Figure 6) and to enable the tool to slide to and to be fixed at a selected vertical and radial positions with respect to the main shaft without detaching the tool from the combination.
In regards to claim 6, Smith discloses the system of claim 1, Smith discloses that each of the pair of spiders further comprises an upper horizontal surface and wherein a safety work platform is disposed on the upper horizontal surface of at least one of the spiders (since each pair of spider arms have a horizontal surface, such horizontal surface is capable of acting as a safety work platform).
In regards to claim 7, Smith discloses the system of claim 1, Smith discloses that the boring bar further comprises a stub shaft disposed adjacent and attached to the top end of the main shaft (see protruding portion of 200 in Figure 6); and a drive control unit (204) configured to operatively rotate the main shaft (200) by directly rotating only the stub shaft (in such a way that the rotation of the stub shaft, rotates the main shaft 200).
In regards to claim 10, Smith discloses the system of claim 1, Smith discloses that the system is capable of being disposed on the cylindrical worksite of a hydro turbine-powered dam and wherein the work surface comprises at least one of a stay ring, a stay vane, a discharge ring, or a flange. (A recitation of the intended use of the claimed invention must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the intended use, then it meets the claim).
Claim(s) 1-2, 6-8 and 10 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Strait US 4,824,296.
In regards to claim 1, Strait discloses a boring bar system (Figure 1) sized and configured for removable in-situ placement within a cylindrically-shaped worksite configured for use in inspecting or maintaining a work surface that is fixedly and non-removably located at the worksite, the system comprising: a boring bar having: a vertically oriented rotating main shaft (14) having a top end and a bottom end and being configured to rotate entirely around about a central vertical axis extending through a center of the top end and bottom end of the main shaft (14); a pair of stationary spiders (20/22) configured to support and to correctly locate a position of each of the top and bottom ends of the main shaft with respect to the worksite, each of the pair of spiders (20/22) having a plurality of outwardly radiating horizontally oriented arms (26), wherein each of the arms includes a fixed end that is fixed to the spider (20/22) and an opposing free end that is configured to removably mount to the worksite; a pair of supports (28) that are each directly and exclusively mounted between one of the pair of spiders and either the top end or bottom end of the main shaft such that the main shaft is permitted to rotate with respect to the spiders via the pair of supports while in-situ at the worksite; and a tool arm assembly (40, see Figures 1 and 2) having one or more tool mounting locations (locations determined by a desired position when sliding either/or both of 46 and 54) that permit a tool to be removably and operatively mounted to the main shaft in a plurality of selected vertical and radial positions with respect to the main shaft and to rotate with the main shaft while the tool is in contact with the work surface.
In regards to claim 2, Strait discloses the system of claim 1, Strait discloses that the supports (28) comprise bearing assemblies (see Figure 3).
In regards to claim 6, Strait discloses the system of claim 1, Strait discloses that each of the pair of spiders further comprises an upper horizontal surface and wherein a safety work platform is disposed on the upper horizontal surface of at least one of the spiders (since each pair of spider arms have a horizontal surface, such horizontal surface is capable of acting as a safety work platform).
In regards to claim 7, Strait discloses the system of claim 1, Strait discloses that the boring bar further comprises a stub shaft (62) disposed adjacent and attached to the top end of the main shaft (14); and a drive control unit (60) configured to operatively rotate the main shaft (14) by directly rotating only the stub shaft (in such a way that the rotation of the stub shaft, rotates the main shaft 14).
In regards to claim 8, Strait discloses the system of claim 1, Strait discloses that the boring bar further comprises a stub shaft (62) mounted to the top end of the main shaft (14), wherein each of the pair of spiders (20/22) is mounted directly and exclusively to the main shaft (14) and neither of the pair of spiders (20/22) is mounted directly to the stub shaft (62).
In regards to claim 10, Strait discloses the system of claim 1, Strait discloses that the system is capable of being disposed on the cylindrical worksite of a hydro turbine-powered dam and wherein the work surface comprises at least one of a stay ring, a stay vane, a discharge ring, or a flange. (A recitation of the intended use of the claimed invention must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the intended use, then it meets the claim).
Claim(s) 1, 3, 6, 9 and 10 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Sunday US 4,678,379.
In regards to claim 1, Sunday discloses a boring bar system (Figure 1) sized and configured for removable in-situ placement within a cylindrically-shaped worksite configured for use in inspecting or maintaining a work surface that is fixedly and non-removably located at the worksite, the system comprising: a boring bar having: a vertically oriented rotating main shaft (19) having a top end and a bottom end and being configured to rotate entirely around about a central vertical axis extending through a center of the top end and bottom end of the main shaft (19); a pair of stationary spiders (7 and 9) configured to support and to correctly locate a position of each of the top and bottom ends of the main shaft with respect to the worksite, each of the pair of spiders (7 and 9) having a plurality of outwardly radiating horizontally oriented arms (15), wherein each of the arms includes a fixed end that is fixed to the spider (7 and 9) and an opposing free end that is configured to removably mount to the worksite (see Figures 2 and 3); a pair of supports (see Figure 1) that are each directly and exclusively mounted between one of the pair of spiders and either the top end or bottom end of the main shaft such that the main shaft is permitted to rotate with respect to the spiders via the pair of supports while in-situ at the worksite; and a tool arm assembly (see Figure 1) having one or more tool mounting locations (locations determined by a desired position when sliding 39 either radially and/or axially) that permit a tool to be removably and operatively mounted to the main shaft in a plurality of selected vertical and radial positions with respect to the main shaft and to rotate with the main shaft while the tool is in contact with the work surface.
In regards to claim 3, Sunday discloses the system of claim 1, Sunday discloses that the tool arm assembly comprises: a tool arm (33, see Figures 4 and 5) with a first end attached to the main shaft (10) and an opposing second end; and a slide plate and machine slide combination (23, 43, 41, 39, 53, 51 and 35, see Figures 1 and 4) configured to removably and operatively mount a tool to the tool arm (see Figures 1 and 4) and to enable the tool to slide to and to be fixed at a selected vertical and radial positions with respect to the main shaft without detaching the tool from the combination.
In regards to claim 6, Sunday discloses the system of claim 1, Sunday discloses that each of the pair of spiders further comprises an upper horizontal surface and wherein a safety work platform is disposed on the upper horizontal surface of at least one of the spiders (since each pair of spider arms have a horizontal surface, such horizontal surface is capable of acting as a safety work platform).
In regards to claim 9, Sunday discloses the system of claim 1, Sunday discloses that the boring bar further includes a quill (25) disposed around and attached to the main shaft (19), wherein the tool arm assembly is removably mounted to the quill (see Figures1, 4 and 5).
In regards to claim 10, Sunday discloses the system of claim 1, Sunday discloses that the system is capable of being disposed on the cylindrical worksite of a hydro turbine-powered dam and wherein the work surface comprises at least one of a stay ring, a stay vane, a discharge ring, or a flange. (A recitation of the intended use of the claimed invention must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the intended use, then it meets the claim).
Allowable Subject Matter
Claims 4 and 5 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.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NICOLE N RAMOS whose telephone number is (571)272-5134. The examiner can normally be reached Mon-Thu 7:00 am -5:00 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Sunil K Singh can be reached at (571) 272-3460. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/NICOLE N RAMOS/Primary Examiner, Art Unit 3722
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