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, Species IA, claims 1-13 in the reply filed on 5/26/25 is acknowledged. Claims 14-15 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention IB, II, there being no allowable generic or linking claim. Election was made without traverse.
An OA on the merits of claims 1-13 as follows:
Specification
The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed.
The abstract should not be in claim formats refer to MPEP § 608.01(b) for proper format of an abstract.
The lengthy specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant’s cooperation is requested in correcting any errors of which applicant may become aware in the specification.
Claim Objections
Claims 2-13 are objected to because of the following informalities:
“A curvilinear” (claims 2-13, line 1) should be updated to:--“The curvilinear” to reflect dependent claim forms. Appropriate correction is required.
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 1-13 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.
Since the scope of the claims directed to the “curvilinear track section of the linear motor system, however the recites of “at least one motor unit” (see line 4 of claim 1) is unclear whether “the at least one motor unit” as referred thereto is a part of the claimed of the “curvilinear track section” as representing in the preamble, since there is no connection between “the motor unit” and the rest of the inventive features set forth in claim 1. Thus, claim 1 is considered to be incomplete.
“is configured to” (claim 3, line 1 and following lines 2-3) is intended use no inventive features existed there to. Similar to this occurrence in claims 9-10, lines 1-2, respectively.
“motor units” (claim 4, line 8) do not agree with “at least one motor unit” (see claim 1, line 4). Please be more consistent.
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) 1-3, 9-10 as best understood is/are rejected under 35 U.S.C. 102a1 as being anticipated by Azukizawa et al (5156093).
Azukizawa et al discloses the claimed curvilinear track section of a linear motor system comprising:
a straight track portion 16 (see Fig. 1);
a curvilinear track portion 17 coupled to the straight track portion 16 (see Fig. 1);
at least one motor unit 40 for driving a moving element along the straight track portion and the curvilinear track portion (see Fig. 2);
wherein the curvilinear track portion has a clothoid transition region adjacent to the straight track portion (see region between 16 and 17).
Thus the above is met by the above applied reference to Azukizawa et al
Limitations of claims 2-3, 9-10 are also met by the above (see Figs. 1-2). Since no inventive features existed in these claims base on the teaching of the Azukizawa et al reference alone.
As applied to claims 11-13, refer to Fig 14 which depicts plurality of sensors 145, 146 operatively associated with the track system.
Claim(s) 1-3, 9-13 as best understood is/are rejected under 35 U.S.C. 102a1 as being anticipated by Lopatinsky et al (20080011184)
Lopatinsky et al discloses the claimed curvilinear track section of a linear motor system comprising:
a straight track portion 5A/5B (see Fig. 1);
a curvilinear track portion 5 coupled to the straight track portion 5A/5B (see Fig. 1);
at least one motor unit 8/9 for driving a moving element 3 along the straight track portion and the curvilinear track portion5A/5B (see Fig. 1);
wherein the curvilinear track portion has a clothoid transition region adjacent to the straight track portion (see Figs. 1-2 constant region readable as location between 5 and 5A/5B respectively).
Limitations of claims 2-3, 9-10 are also met by the Lopatinsky et al (see Figs. 1-2). Since no inventive features existed in these claims.
As applied to claims 11-13, refer to ¶[0035] of the Lopatinsky et al for the teaching of sensors associated with the claimed curvilinear track section.
Allowable Subject Matter
Claims 4-8 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Conclusion
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/MINH N TRINH/ Primary Examiner, Art Unit 3729
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