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 1-11 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 “a spindle capable of gripping a bar”, “the machine tool system capable of manufacturing a plurality of products” and “a gripping position selecting unit capable of selecting.”. What are the mets and bounds for the term “capable”. The recitation “capable” is not a positive limitation but only requires the ability to so perform. It does not constitute a limitation in any patent sense.
Claims 1, 2 and 11 recite “a special gripping position”. The term “special position” is unclear. What are the mets and bounds for this term?
Claims 5 and 6 recite “a pusher capable of moving”. What are the mets and bounds for the term “capable”. The recitation “capable” is not a positive limitation but only requires the ability to so perform. It does not constitute a limitation in any patent sense.
Claims 2-4 recite “rearer position”. This term is unclear and grammatically incorrect.
Claims 5 and 6 recite “pusher is located in a first range in the axial direction”. There is no point of reference for what said “first range” entails. It is unclear
Claims 9 and 10 recite “a vibration detector capable of detecting”. What are the mets and bounds for the term “capable”. The recitation “capable” is not a positive limitation but only requires the ability to so perform. It does not constitute a limitation in any patent sense.
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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-8 and 11 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Noguchi et al. (US Pub. No. 2021/0402483).
Regarding claim 1, Noguchi et al. discloses a machine tool system comprising: a spindle (10) capable of gripping a bar (W) and moving back and forth in an axial direction of the bar (see arrow in figure 1 in the z-z direction); a tool post (42) to which a machining tool is attached, the machining tool machining the bar gripped by the spindle (10) (figure 1 and paragraph 36); the machine tool system capable of manufacturing a plurality of products having an identical shape from the bar by repeating a machining of the bar (paragraph 56), a cutting off of a machined portion of the bar, and a grip change by the spindle, the grip change by the spindle comprising releasing the bar, moving back, and re-gripping the bar at a predetermined gripping position (figure 1 and paragraph 56), and the machine tool system further comprising a gripping position selecting unit capable of selecting a special gripping position at which the spindle re-grips the bar when a state of the machine tool system meets a predetermined condition, the special gripping position being different from the predetermined gripping position (figures 1, 2A/B and paragraphs 53-56).
Regarding claim 2, Noguchi et al. discloses wherein the special gripping position (by chuck 22) is a rearer position than the predetermined gripping position (by chuck 12) with respect to the axial direction (figure 2A/B).
Regarding claims 3 and 4, Noguchi et al. discloses a steadying apparatus (22) disposed in a rearer position than the spindle (10) with respect to the axial direction, the steadying apparatus comprising a steadying member movable (see double arrow in figure 1) between a steadying position in contact with the bar and a retreat position away from the bar, wherein the state of the machine tool system meets the predetermined condition when a determination to move the steadying member to the retreat position before the grip change is made (figures 1 and paragraph 55).
Regarding claims 5 and 6, Noguchi et al. discloses a pusher (51) capable of moving together with the bar, wherein the state of the machine tool system meets the predetermined condition when the pusher is located in a first range in the axial direction before the grip change (figures 1 and 2A/B & paragraph 39).
Regarding claims 7 and 8, Noguchi et al. discloses wherein the first range is specified by a machining program (i.e. via control unit 60).
Regarding claim 11, Noguchi et al. discloses a method of controlling a machine tool system including a spindle (10) and a tool post (42) to which a machining tool (41) is attached, the machine tool system manufacturing a plurality of products having an identical shape from the bar, the method comprising: selecting a gripping position that selects a predetermined gripping position when a state of the machine tool system does not meet a predetermined condition and that selects a special gripping position when the state of the machine tool system meets the predetermined condition, the special gripping position being different from the predetermined gripping position figures 1, 2A/B and paragraphs 53-56); performing a grip change by the spindle that comprises releasing the bar, moving to the selected gripping position, and re-gripping the bar;
machining the re-gripped bar; and cutting off a machined portion of the bar (figures 2A/B and paragraphs 32-33, 58-70).
Claim Rejections - 35 USC § 103
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 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 9 and 10 are rejected under 35 U.S.C. 103 as being unpatentable over Noguchi et al. (US Pub. No. 2021/0402483).
Noguchi et al. discloses all aspects of the invention as set forth in the rejection above. Regarding claims 9 and 10, Examiner takes Official Notice that it is old and well known in the machining art to incorporate vibration sensors (e.g. proximity sensors, optical sensors, probes) to lathes perfuming cuts including sensing vibration by runout of bar, imbalance or eccentric rotation and to compare the detected vibration signal to a predetermines threshold in order to take corrective action in time. Therefore, it would have been obvious to one of ordinary skill in the art at the time of the invention was made to incorporate vibration sensors (e.g. proximity sensors, optical sensors, probes) to Noguchi’s machine to detect vibration by runout of bar and to compare the detected vibration signal to a predetermines threshold for the purpose of taking corrective action in a timely manner.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SARA ADDISU at (571) 272-6082. The examiner can normally be reached on Monday - Friday 9:00 am - 5:00 pm (Mondays and Wednesday-Friday).
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Sunil K. Singh can be reached on (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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/SARA ADDISU/Primary Examiner, Art Unit 3722 1/9/26