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 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:
an abutment element in claims 1 and 17;
a locking device in claims 1 and 17;
a clamping element in claims 1 and 17;
a drive mechanism in claims 1 and 17;
a command signal receiver in claims 1 and 17;
[a] manually transportable drive unit in claim 1;
a drive unit in claim 17; and
a control member in claims 1 and 17.
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.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the following must be shown or the feature(s) canceled from the claim(s):
the “plurality of control members” of claim 7;
the “modular drive console” of claim 10;
the “plurality of drive units” of claims 10 and 18; and
the functional structure responsible for the function of being “reversibly connectable” of claim 10.
No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Rejections - 35 USC § 112(b)
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.
Claim 10 is 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.
Regarding claims 9 and 12, the claims must establish a relative reference for determining whether two structures are “different.” It is implied that each cover is a different coulour and/or texture and/or shape than each of the other plurality of covers. However, this is broadly stated as that they merely have to be “different,” which could also include “wherein the covers have different colours and/or textures and/or shapes [from something else],” where “something else” may be the machine, the wheel, etc. For the purpose of examination, the examiner will consider this to be “wherein [each of] the covers have different colour and/or textures and/or shapes [from each of the other covers].”
Regarding claim 10, the claimed “a plurality of drive units reversibly connectable to each other to define a modular drive console” is indefinite. Applicant does not describe what is meant by a reversible connection on the drive units, particularly where “[the] plurality of drive units [are] reversibly connectable to each other.” Furthermore, Applicant neither shows a “plurality of drive units” (the drive unit being numeral 1 in the Figures) nor a “modular driver console.”
Claim Rejections - 35 USC § 103
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.
Claim(s) 1-4, 7-8, and 15-17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Corghi (US-2016/0266010) in view of Lint (US-2014/0017628) and Hanneken (US-8,613,303).
Regarding claim 1, Corghi (US-2016/0266010) discloses a wheel service machine for performing operations on a wheel having a rim and a tyre, comprising:
- a main body (body of machine 1) and a shaft (rotary shaft 3) protruding from the main body (body of machine 1) (Fig. 4) and rotating about a longitudinal axis (axis ‘A’) of its own, the shaft being adapted to rotatably support the wheel (“machine 1 comprises a shaft 3 rotating about a relative longitudinal axis A, designed to rotatably support the wheel 2”) [Corghi; paragraph 0078];
- an abutment element (contact element 4), connected to the shaft (shaft 3) to rotate as one therewith (“the machine 1 comprises a contact element 4, connected to the shaft 3 for rotating integrally with it”) [Corghi; paragraph 0078] and configured for coming into abutment against the rim supported by the shaft (“The contact element 4 is designed to make contact with the rim 2a supported by the shaft 3 and defines a supporting surface for the rim 2a.”) [Corghi; paragraph 0078];
- a locking device (locking device 5) that can be removably coupled to the shaft (shaft 3) and is configured to slide along the longitudinal axis relative to the shaft between an active position, close to the abutment element to lock the rim between the abutment element and the locking device, and a spaced-apart position, away from the abutment element, where it does not interfere with the rim (“The machine 1 comprises a locking device 5. The locking device can be removably coupled to the shaft 3, and is designed to slide relative to the shaft 3 along the longitudinal axis A. More specifically, the locking device 5 is movable along the shaft 3 between an active position, close to the contact element 4, wherein it locks the rim 2a interposed between the contact element 4 and the locking device 5, and a position of non-interference with the rim 2a, away from the contact element 4.”) [Corghi; paragraph 0080];
- a clamping element (fastening element 6) which is movably connected to the shaft or to the locking device to move along the longitudinal axis (“machine 1 comprises a fastening element 6, movably connected to the shaft 3 to move parallel to the longitudinal axis A”) [Corghi; paragraph 0081] so as to clamp the locking device and the shaft to each other (“The fastening element 6 is designed for coupling with the locking device 5 and moving it between an active position, close to the contact element, for locking the rim interposed between the contact element and the locking device it, and a position away from the contact element, of non-interference with the rim. More specifically, the fastening element 6 is connected to the actuator (means) 7 positioned on the machine, for being moved along the shaft 3.”) [Corghi; paragraph 0081];
- a drive mechanism (actuator 7) connected to the clamping element (fastening element 6) (Fig. 5) (“the fastening element 6 is connected to the actuator (means) 7 positioned on the machine, for being moved along the shaft 3”) [Corghi; paragraph 0081];
- a command signal receiver (receiver 9), configured to drive the drive mechanism responsive to a command signal (“Preferably, the electromagnetic wireless control signal is of the modulated type. Even more preferably, a modulating signal of the wireless control signal is of the coded type and the receiver is able to demodulate and decode the information contained in the wireless control signal. This solution allows the emitter 8 and the receiver 9 to communicate without interfering with other signal emitting or receiving devices positioned close by.”) [Corghi; paragraph 0090];
- an emitter (emitter 8), configured to generate and emit at least one command signal (“Preferably, the electromagnetic wireless control signal is of the modulated type. Even more preferably, a modulating signal of the wireless control signal is of the coded type and the receiver is able to demodulate and decode the information contained in the wireless control signal. This solution allows the emitter 8 and the receiver 9 to communicate without interfering with other signal emitting or receiving devices positioned close by.”) [Corghi; paragraph 0090]; but fails to disclose at least one manually transportable drive unit, configured to be movably rested on a supporting surface and including a control member, movable between an inactive position and an active position, wherein the drive unit includes the emitter and the emitter is connected to the control member to generate the command signal responsive to a movement of the control member from the inactive position to the active position.
However, Lint (US-2014/0017628) teaches at least one manually transportable drive unit (cordless foot controller 10), configured to be movable rested on a support surface (floor) (“The foot switch system typically includes a foot controller device that is placed on the floor within easy reach of the practitioner.”) [Lent; paragraph 0003] and including a control member (cover 20), movable between an inactive position and an active position (“The depression of cover 20 by application of foot pressure of a dental professional causes downward movement of plunger housing 701 as well as plunger arm 702. Partial downward movement of plunger housing 701 and plunger arm 702 activates switch 160 on printed circuit board 100. Switch 160 may have more than one switch position that can be activated. It will be understood by those skilled in the art that a multi-position switch may be interchangeably replaced by a plurality of discrete single switches, if desired. The downward movement is resisted by primary spring 708, which provides tactile feedback to the dental professional. The activation of switch 160 results in microprocessor 120 generating a first signal that is transmitted by antenna 150 and received by ultrasonic scaler, causing scaler to operate at a first, preselected power level.”) [Lint; paragraph 0053], wherein the drive unit (cordless foot controller 10) includes an emitter (“antenna 150”) (“signal that is transmitted by antenna”) [Lint; paragraph 0053] and the emitter (antenna 150) is connected to the control member (cover 20) to generate the command signal responsive to the movement of the control member (cover 20) from the inactive position to the active position [Lint; paragraph 0053].
Hanneken (US-8,613,303) teaches “[a] machine operator may manipulate input selectors 110b and 110c, for example, which communicate with the control unit 120 to move the tools 114, 116 and 117 to desired positions. These input selectors may have the capability to override automated inputs made by a controller which is part of control unit 120. In illustrative embodiments, the input selectors 110a, 110b and 110c may be foot pedals located near the bottom of the machine base 102 for convenient use of the machine operator(s)” [Hanneken; col. 6, lines 53-61].
Given that Corghi incorporates a command signal receiver and an emitter (as explained above), and Hanneken teaches providing input selectors which “may have the capability to override automated inputs” [Hanneken; col. 6, lines 53-61], it therefore would’ve been obvious to provide a pedal as taught by Hanneken and, specifically, and improved wireless pedal in view of Lint, which removes cords and frees up space that can reduce potential safety hazards [Lint; paragraph 0005], in order to wirelessly control the operations of the machine of Corghi in according to the operator [Hanneken; col. 6, lines 53-61] in a remote manner [Lint; paragraph 0015].
Additional note is made that, while Corghi teaches that pedals are “inconvenient” as “[t]he view of the pedal, both in tyre changer machines and in balancing machines, may be obstructed by the presence of the wheel” [Corghi; paragraph 0011]. However, in doing so, Applicant does not state that the machine cannot be used with a control pedal and, in fact, states that this was typically how these devices were operated. Furthermore, with the modification as presented herein, the remote pedal would not suffer the same problem identified by Corghi, which is that there location was in an area of “poor visibility.” The combination herein fixes both the problems of Corghi while improving upon them and, therefore, Corghi is not considered to teach away from the combination as stated herein.
Regarding claim 2, Corghi, as modified, discloses the machine according to claim 1, wherein the control member (cover 20 of Lint) comprises a pedal (“footswitch”) [Lint; paragraph 0048] or a pushbutton operable by a user to give the command to generate the command signal (“The activation of switch 160 results in microprocessor 120 generating a first signal that is transmitted by antenna 150”) [Lint; paragraph 0053].
Regarding claim 3, Corghi, as modified, discloses the machine according to claim 2, wherein the control member (cover 20) has a substantially circular cross section (Fig. 1 of Lint).
Regarding claim 4, Corghi, as modified, discloses the machine according to claim 1, wherein the drive unit (controller 10) comprises a supporting portion (bottom plate 500 of Lint) configured to come into contact with the supporting surface (“Attached to bottom plate 500 is an anti-skid rubber bottom 600, which provides sliding resistance for foot controller 10 and prevents skidding as it is used on a floor.”) [Lint; paragraph 0034], the supporting portion being covered with an anti-slip material (“anti-skid rubber bottom 600”) [Lint; paragraph 0034].
Regarding claim 7, Corghi discloses the machine according to claim 1, but fails to disclose wherein the drive unit comprises a plurality of control members (covers 20), each connected to the emitter and programmable in such a way that moving a predetermined control member from the inactive position to the active position causes a corresponding command signal to be generated.
However, Hanneken teaches the use of multiple pedals (110a, 110b, 110c) and, therefore, it would’ve been obvious to use multiple control members (i.e. foot switches of Lint and respective covers 20), each representing the different selector 110a, 110b, 110c, as taught by Hanneken, for controlling distinct operations (“A machine operator may manipulate input selectors 110b and 110c, for example, which communicate with the control unit 120 to move the tools 114, 116 and 117 to desired positions. These input selectors may have the capability to override automated inputs made by a controller which is part of control unit 120. In illustrative embodiments, the input selectors 110a, 110b and 110c may be foot pedals located near the bottom of the machine base 102 for convenient use of the machine operator(s).”) [Hanneken; col. 6, lines 53-61], in such a way that moving a predetermined control member (cover 20) from an inactive position to the active position causes a corresponding command signal to be generated, as claimed.
Regarding claim 8, Corghi, as modified, discloses the machine according to claim 7, wherein each control member (cover 20 of Lint) has an interchangeable cover (cover 20 of Lint) (the cover 20 of Lint can be removed and is therefore considered to have an interchangeable connection).
Regarding claim 15, Corghi, as modified, discloses the machine according to claim 1, wherein the machine is a tyre changing machine (“the wheel service machine is a balancing machine, designed for assessing the static and dynamic imbalances of a wheel or of a single rim”) [Corghi; paragraph 0034], wherein the shaft is hollow (Figs. 1-3 show a shaft 4 that is hollow) and wherein the locking device (locking device 5) is a clamping rod (Figs. 1-3) having a first end and a second end, wherein the first end is configured to be inserted into the hollow shaft (shaft 4) and to be connected to the drive mechanism (actuator 7) (Figs. 1-3), and the second end can be gripped by a user (Fig. 2) (“More specifically, the machine 1 comprises a contact element 4, connected to the shaft 3 for rotating integrally with it.”) [Corghi; paragraph 0078].
Regarding claim 16, Corghi, as modified, discloses the machine according to claim 1, wherein the machine is a balancing machine (“the wheel service machine is a balancing machine, designed for assessing the static and dynamic imbalances of a wheel or of a single rim”) [Corghi; paragraph 0034], wherein the locking device (locking device 5) is tubular (Figs. 7 and 8) and defines a through hole to allow the shaft (rotary shaft 3) to pass therethrough (Figs. 7-10) (“the locking device 5 is movable along the shaft 3 between an active position, close to the contact element 4, wherein it locks the rim 2a interposed between the contact element 4 and the locking device 5, and a position of non-interference with the rim 2a, away from the contact element 4”) [Corghi; paragraph 0080].
Regarding claim 17, Corghi discloses a method for locking a wheel having a rim and a tyre on a shaft of a wheel service machine, wherein the shaft rotates about a longitudinal axis of its own and is adapted to support the wheel rotatably, comprising the following steps:
- providing a wheel service machine comprising:
the shaft (rotary shaft 3);
an abutment element (contact element 4) integral (i.e. composed of constituent parts) with the shaft (rotary shaft 3) and adapted to come into abutment against the rim (“the machine 1 comprises a contact element 4, connected to the shaft 3 for rotating integrally with it”) [Corghi; paragraph 0078] (“The contact element 4 is designed to make contact with the rim 2a supported by the shaft 3 and defines a supporting surface for the rim 2a.”) [Corghi; paragraph 0078];
a locking device (locking device 5) which can be removably coupled to the shaft (shaft 3) and which is configured to lock the rim to the abutment element (“The machine 1 comprises a locking device 5. The locking device can be removably coupled to the shaft 3, and is designed to slide relative to the shaft 3 along the longitudinal axis A. More specifically, the locking device 5 is movable along the shaft 3 between an active position, close to the contact element 4, wherein it locks the rim 2a interposed between the contact element 4 and the locking device 5, and a position of non-interference with the rim 2a, away from the contact element 4.”) [Corghi; paragraph 0080];
a clamping element (fastening element 6) which is movably connected to the shaft or to the locking device to move along the longitudinal axis (“machine 1 comprises a fastening element 6, movably connected to the shaft 3 to move parallel to the longitudinal axis A”) [Corghi; paragraph 0081] so as to clamp the locking device and the shaft to each other (“The fastening element 6 is designed for coupling with the locking device 5 and moving it between an active position, close to the contact element, for locking the rim interposed between the contact element and the locking device it, and a position away from the contact element, of non-interference with the rim. More specifically, the fastening element 6 is connected to the actuator (means) 7 positioned on the machine, for being moved along the shaft 3.”) [Corghi; paragraph 0081];
a drive mechanism (actuator 7) connected to the clamping element (fastening element 6) (Fig. 5) (“the fastening element 6 is connected to the actuator (means) 7 positioned on the machine, for being moved along the shaft 3”) [Corghi; paragraph 0081];
a command signal receiver (receiver 9), configured to drive the drive mechanism responsive to a command signal (“Preferably, the electromagnetic wireless control signal is of the modulated type. Even more preferably, a modulating signal of the wireless control signal is of the coded type and the receiver is able to demodulate and decode the information contained in the wireless control signal. This solution allows the emitter 8 and the receiver 9 to communicate without interfering with other signal emitting or receiving devices positioned close by.”) [Corghi; paragraph 0090];
an emitter (emitter 8), configured to generate and emit a command signal (“Preferably, the electromagnetic wireless control signal is of the modulated type. Even more preferably, a modulating signal of the wireless control signal is of the coded type and the receiver is able to demodulate and decode the information contained in the wireless control signal. This solution allows the emitter 8 and the receiver 9 to communicate without interfering with other signal emitting or receiving devices positioned close by.”) [Corghi; paragraph 0090];
- coupling the rim (rim 2a) to the shaft (rotary shaft 3) (Fig. 6) (“The machine 1 comprises a shaft 3 rotating about a relative longitudinal axis A, designed to rotatably support the wheel 2.”) [Corghi; paragraph 0078];
- coupling the locking device (locking device 5) to the shaft (rotary shaft 3) so that the rim (rim 2a) is interposed between the locking device (locking device 5) and the abutment element (contact element 4) (“The locking device can be removably coupled to the shaft 3, and is designed to slide relative to the shaft 3 along the longitudinal axis A. More specifically, the locking device 5 is movable along the shaft 3 between an active position, close to the contact element 4, wherein it locks the rim 2a interposed between the contact element 4 and the locking device 5, and a position of non-interference with the rim 2a, away from the contact element 4.”) [Corghi; paragraph 0080];
- activating the drive mechanism (actuator 7) to intercept the locking device (locking device 5) to lock the rim (rim 2a) against the abutment element (contact element 4) (“The locking device 5 according to the invention comprises an emitter 8 designed for generating a wireless control signal which, captured by the receiver 9, controls the activation of the actuator (means) 7 for moving the fastening element 6 and the locking device 5 coupled to it.”) [Corghi; paragraph 0084]; the step of activating the drive mechanism comprising the steps of:
- generating a command signal via the emitter (“an emitter 8 designed for generating a wireless control signal which, captured by the receiver 9, controls the activation of the actuator (means) 7 for moving the fastening element 6 and the locking device 5 coupled to it”) [Corghi; paragraph 0084];
- receiving the command signal though the receiver (“an emitter 8 designed for generating a wireless control signal which, captured by the receiver 9, controls the activation of the actuator (means) 7 for moving the fastening element 6 and the locking device 5 coupled to it”) [Corghi; paragraph 0084].
Corghi fails to disclose wherein the step of generating the command signal comprises the steps of:
- providing a drive unit including a control member to which the emitter is connected, the drive unit including the emitter;
- positioning the drive unit on a supporting surface;
- moving the control member from an inactive position to an active position so that the emitter generates the command signal responsive to this movement.
However, Lint (US-2014/0017628) teaches at least one manually transportable drive unit (cordless foot controller 10), configured to be movable rested on a support surface (floor) (“The foot switch system typically includes a foot controller device that is placed on the floor within easy reach of the practitioner.”) [Lent; paragraph 0003] and including a control member (cover 20), movable between an inactive position and an active position (“The depression of cover 20 by application of foot pressure of a dental professional causes downward movement of plunger housing 701 as well as plunger arm 702. Partial downward movement of plunger housing 701 and plunger arm 702 activates switch 160 on printed circuit board 100. Switch 160 may have more than one switch position that can be activated. It will be understood by those skilled in the art that a multi-position switch may be interchangeably replaced by a plurality of discrete single switches, if desired. The downward movement is resisted by primary spring 708, which provides tactile feedback to the dental professional. The activation of switch 160 results in microprocessor 120 generating a first signal that is transmitted by antenna 150 and received by ultrasonic scaler, causing scaler to operate at a first, preselected power level.”) [Lint; paragraph 0053], wherein the drive unit (cordless foot controller 10) includes an emitter (“antenna 150”) (“signal that is transmitted by antenna”) [Lint; paragraph 0053] and the emitter (antenna 150) is connected to the control member (cover 20) to generate the command signal responsive to the movement of the control member (cover 20) from the inactive position to the active position [Lint; paragraph 0053].
Hanneken (US-8,613,303) teaches “[a] machine operator may manipulate input selectors 110b and 110c, for example, which communicate with the control unit 120 to move the tools 114, 116 and 117 to desired positions. These input selectors may have the capability to override automated inputs made by a controller which is part of control unit 120. In illustrative embodiments, the input selectors 110a, 110b and 110c may be foot pedals located near the bottom of the machine base 102 for convenient use of the machine operator(s)” [Hanneken; col. 6, lines 53-61].
Given that Corghi incorporates a command signal receiver and an emitter (as explained above), and Hanneken teaches providing input selectors which “may have the capability to override automated inputs” [Hanneken; col. 6, lines 53-61], it therefore would’ve been obvious to provide a pedal as taught by Hanneken and, specifically, and improved wireless pedal in view of Lint, which removes cords and frees up space that can reduce potential safety hazards [Lint; paragraph 0005], in order to wirelessly control the operations of the machine of Corghi in according to the operator [Hanneken; col. 6, lines 53-61] in a remote manner [Lint; paragraph 0015].
Additional note is made that, while Corghi teaches that pedals are “inconvenient” as “[t]he view of the pedal, both in tyre changer machines and in balancing machines, may be obstructed by the presence of the wheel” [Corghi; paragraph 0011]. However, in doing so, Applicant does not state that the machine cannot be used with a control pedal and, in fact, states that this was typically how these devices were operated. Furthermore, with the modification as presented herein, the remote pedal would not suffer the same problem identified by Corghi, which is that there location was in an area of “poor visibility.” The combination herein fixes both the problems of Corghi while improving upon them and, therefore, Corghi is not considered to teach away from the combination as stated herein.
Claim(s) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Corghi (US-2016/0266010) in view of Lint (US-2014/0017628) and Hanneken (US-8,613,303), and further in view of Rosenblood (US-20070254261).
Regarding claim 5, Corghi, as modified, discloses the machine according to claim 1, but fails to disclose wherein the command signal is a wireless signal and wherein the emitter communicates with the receiver through an encoded signal.
However, Rosenblood (US-20070254261) teaches wherein a command signal is a wireless signal and wherein an emitter communicates with a receiver through an encoded signal (“the actual position of the actuator can be converted to a digital signal, encoded into an RF signal, transmitted to the receiver 250, and decoded”) [Rosenblood; paragraph 0064]. Since Rosenblood is pertinent to wireless controls for equipment, it therefore would’ve been obvious to one of ordinary skill in the art to use the teaching of Rosenblood for the wireless control of Corghi in view of Lint in order to encode a digital signal into an analog or RF signal for communication (“the actual position of the actuator can be converted to a digital signal, encoded into an RF signal, transmitted to the receiver 250, and decoded”) [Rosenblood; paragraph 0064], as taught by Rosenblood.
Claim(s) 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Corghi (US-2016/0266010) in view of Lint (US-2014/0017628) and Hanneken (US-8,613,303), and further in view of Brennar (US-7,439,463).
Regarding claim 6, Corghi, as modified, discloses the machine according to claim 1, but fails to disclose wherein communication between the emitter (emitter 8) and the receiver (receiver 9) is wired.
However, Brennar (US-7,439,463) teaches a wired system (“One advantageous feature of the foot switch device (10) of this invention is that it can be used in either wireless or hard-wired systems.”) [Brennar; col. 6, lines 18-20]. Since Brennar is pertinent to foot switches for tools, it therefore would’ve been obvious to have wired communication between the emitter and receiver of Corghi, as modified, in order to allow the switch to keep working in the case of low battery (“For example, if the battery power in the foot switch (10) is too low, the auxiliary connector cable can be installed to connect the foot switch (10) to the base unit (16).”) [Corghi; col. 6, lines 24-27].
Claim(s) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Corghi (US-2016/0266010) in view of Lint (US-2014/0017628) and Hanneken (US-8,613,303), and further in view of Clasquin (US-9,073,394).
Regarding claim 9, Corghi discloses the machine according to claim 8, but fails to disclose wherein the covers have different colour and/or textures and/or shapes.
However, colour coding to represent different and distinct objects is well known, as taught by Clasquin (US-9,073,394) (“Various color coded schemes, numeric schemes, alphanumeric schemes and other graphics schemes (e.g., shapes, symbols, etc.) are possible in graphics-based systems of this type.”) [Clasquin; col. 19, lines 53-56] and, therefore, it would be obvious to have color coded the different pedals to make the operator aware not only that each pedal corresponds to a different function, but to aid in recognizing what pedal performs what function, as is will understood in regard to color coding.
Claim(s) 13 and 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Corghi (US-2016/0266010) in view of Lint (US-2014/0017628) and Hanneken (US-8,613,303), and further in view of Hocke (US-9,454,896).
Regarding claim 13, Corghi discloses the machine according to claim 1, but fails to disclose wherein the drive unit (cover 20) comprises a light-emitting device configured to emit at least one light signal corresponding to an operating state of the machine.
However, Hocke (US-9,454,896) teaches wherein a drive unit (footswitch device) comprises a light-emitting device (visual indicator) configured to emit at least one light signal corresponding to an operating state (ON/OFF) of the machine (“Moreover, the footswitch device and/or the optical viewing unit may be associated with indicator means to audibly and/or visually indicate one or more of the following operating states: power supply to the optical viewing unit: ON/OFF link between footswitch device and viewing unit established: YES/NO data transfer in progress: YES/NO battery voltage/battery charge level in the footswitch device: HIGH/MEDIUM/LOW or SUFFICIENT/LOW”) [Hocke; col. 7, lines 38-48]. Since the footswitch device of Corghi, as modified, is manually operated, it therefore would’ve been obvious to provide indicators to the operator, such as the visual indicator of Hocke, in order to indicate to the operator whether the device was in the on or off state [Hocke; col. 7, lines 38-48]. It should be noted that, while Hocke doesn’t explicitly state that the visual indication is “light-emitting,” it would have been obvious that visual indicators are indicators that affect vision (vision being when light enters the eye) and, thus, “light-emitting” would have been obvious for an indicator if not inherent.
Regarding claim 14, Corghi discloses the machine according to claim 1, but fails to disclose wherein the drive unit comprises a sound-emitting device configured to emit at least one acoustic signal corresponding to an operating state of the machine.
However, Hocke (US-9,454,896) teaches wherein a drive unit comprises a sound-emitting device configured to emit at least one acoustic signal (audible indicator) corresponding to an operating state (on/off) of the machine (“Moreover, the footswitch device and/or the optical viewing unit may be associated with indicator means to audibly and/or visually indicate one or more of the following operating states: power supply to the optical viewing unit: ON/OFF link between footswitch device and viewing unit established: YES/NO data transfer in progress: YES/NO battery voltage/battery charge level in the footswitch device: HIGH/MEDIUM/LOW or SUFFICIENT/LOW”) [Hocke; col. 7, lines 38-48]. Since the footswitch device of Corghi, as modified, is manually operated, it therefore would’ve been obvious to provide indicators to the operator, such as the audible indicator of Hocke, in order to indicate to the operator whether the device was in the on or off state [Hocke; col. 7, lines 38-48].
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US-8,770,254, US-7,675,430, US-6,969,811, US-2014/0331850, and US-2007/0166661 are pertinent to claim 1.
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/JOEL D CRANDALL/Examiner, Art Unit 3723