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 1 is objected to because of the following informalities: the holding unit holding the bolt from the bolt receiving position to a welding position should read the holding unit, holding the bolt at the bolt receiving position, to a welding position. Appropriate correction is required.
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:
“a holding unit configured to receive” in claims 1 is being interpreted as item bolt holder 20 which are per par. 34 is a jaw
“a moving unit configured to move” in claims 1 is being interpreted as item air cylinder mechanism 30 which are per par. 31 is an air cylinder.
“a pusher member…. configured to protrude” in claims 1 is being interpreted as item pusher member 40 which are per par. 41 is a rod body
“a guide member… configured to protrude” in claims 2 is being interpreted as item guide member 50 which are per par. 48 is a rod body.
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
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 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by JP-2020032451-A Ryotaro.
Regarding claim 1,
The examiner wishes to point out that recitations directed towards the structure of “the bolt” is only given patentable weight in as much as the recited structures effect or limit the claimed bolt feeder.
Ryotaro teaches,
A bolt feeder (10) for supplying a bolt to a resistance welding machine (welding device 1) that performs resistance-welding of a workpiece (page 2 “The welding device 1 is a welding device for joining a bolt 100 (see FIG. 3 and the like) to a work W (see FIG. 7) by resistance welding”)and the bolt using a lower electrode (lower electrode 3) that is stationary (page 2) and an upper electrode (upper electrode 2) that moves up and down (page 2), the bolt feeder comprising:
a holding unit (chuck 30) configured to receive the bolt fed by a bolt feeding unit (bolt shooter 20) at a bolt receiving position (fig. 1) with a head (bolt head 102) located above a shaft (bolt shaft 10) (fig. 1);
a moving unit (first moving device 40) configured to move the holding unit holding the bolt from the bolt receiving position to a welding position between the lower electrode and the upper electrode (fig. 5, page 3 par. 7 page 4 par. 1);
and a pusher member (pushing device 50) having a smaller diameter than the upper electrode and configured to protrude from and retract into a tip end of the upper electrode (figs. 5 and 6), the bolt including a projection on a top surface of the head (weld portion 103 fig. 3) which is opposite to a surface provided with the shaft (bolt shaft 101), the lower electrode including an insertion hole (insertion hole 3a) which faces the upper electrode and into which the shaft is inserted (figs. 5-7) , and the shaft being inserted into the insertion hole by the pusher member protruding from the tip end of the upper electrode and pushing an area of the top surface where the projection is absent (fig. 6 page 6 par. 3-5).
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 2 is/are rejected under 35 U.S.C. 103 as being unpatentable over JP-2020032451-A Ryotaro in view of JP-11207469-A Itoigawa
Regarding claim 2,
The difference between the prior art and the claimed invention is that Ryotaro does not teach: a guide member accommodated in the insertion hole and configured to protrude from and retract into a tip end of the lower electrode, wherein the guide member guides the shaft to the insertion hole while abutting on the shaft.
Itoigawa teaches a guide member accommodated in the insertion hole and configured to protrude from and retract into a tip end of the lower electrode, wherein the guide member guides the shaft to the insertion hole while abutting on the shaft (claim 1 figs. 1-4 teach guide pin 35 which is configured to retract from accommodation hole 33b).
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention to modify insertion hole 3a of Ryotaro with the guide pin 35 of Itoigawa for the purpose to avoid insertion mistakes (Itoigawa abstract).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ADAM M ECKARDT whose telephone number is (313)446-6609. The examiner can normally be reached 6 a.m to 2:00 p.m EST Monday to Friday.
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ADAM MICHAEL. ECKARDT
Assistant Examiner
Art Unit 3761
/ADAM M ECKARDT/Examiner, Art Unit 3761
/WOODY A LEE JR/Primary Examiner, Art Unit 3761
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