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 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 1-8 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 the limitation “having at least two parallel inner surfaces located in a vertical direction”. This limitation is not clear since it is unclear what it means for surfaces to be located in a vertical direction. This seems it would signify a surface oriented vertically which would be in conflict with the claimed inclined orientation of the surfaces.
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.
(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.
Claim(s) 1-3, 5 is/are rejected under 35 U.S.C. 102a1 as being anticipated by JP6793278 (machine translation relied on).
Re Claim 1, as best understood, JP6793278 discloses a tool transport device 10 [transporting a tool body between a machine tool including a tool magazine holding a plurality of tool bodies and a tool storage device storing a plurality of tool bodies, the tool body comprising a tool and a tubular member having the tool inserted therein], wherein: the tool transport device comprises: a moving device 300 having a moving platform and [configured to move the moving platform to a working position set for the tool magazine and to a working position set for the tool storage device]; a tool attachment/detachment robot 330 and a tool holding member 252 arranged on the moving platform; and a controller 50 configured to control operations of the moving device and tool attachment/detachment robot; and the tool attachment/detachment robot [is configured to transport the tool body by gripping an outer peripheral portion of the tubular member]; the tool holding member 252 is disposed within an operating area of the tool attachment/detachment robot and has a cutout-shaped holding portion 257 formed on a side face thereof, the holding portion having an opening and having at least two parallel inner surfaces located in a vertical direction and facing each other (Fig. 1, 3-4; pg. 5); the holding portion is [configured such that the two inner surfaces thereof are able to engage with two parallel engagement surfaces formed in a direction perpendicular to an axis of the tubular member on an outer peripheral portion of the tubular member]; and the holding portion is formed on the tool holding member such that a plane parallel to an arranged direction of the two inner surfaces and orthogonal to the two inner surfaces is inclined backward in a direction away from the tool attachment/detachment robot (Fig. 1, 3-4; pg. 2-5). The recitation in brackets [ ] are considered functional language. The reference discloses all the structural components of the device, which read on those of the instant invention. Therefore, the device is capable of performing the same desired functions as the instant invention as claimed.
Re Claim 2, JP6793278 discloses the holding portion is provided such that the two inner surfaces are inclined with the opening facing upward with respect to a horizontal line in the plane parallel to the arranged direction of the two inner surfaces and orthogonal to the two inner surfaces (Fig. 1, 3-4; pg. 2-5).
Re Claim 3, 5, JP6793278 discloses a plurality of holding portions 257 are provided at predetermined intervals in the vertical direction (Fig. 1, 3-4; pg. 2-5).
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.
Claim(s) 4, 6-8 is/are rejected under 35 U.S.C. 103 as being unpatentable over JP6793278 in view of Kudo (JP2015182214A, from IDS).
Re Claim 4, 6-8, JP6793278 discloses the tool holding member is erected on the moving platform (Fig. 1) but does not disclose the tool holding member inclined backward in a direction away from the tool attachment/detachment robot. However, Kudo teaches a tool holding member 73 is inclined backward in a direction away from a tool attachment/detachment robot (Fig. 6). It would be obvious to one of ordinary skill in the art to incline tool holding member, as taught by Kudo, for the purpose of allowing a configuration which has extra precaution to prevent stored elements from falling out of designated holding portion.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RYAN J WALTERS whose telephone number is (571)270-5429. The examiner can normally be reached M-F 9am-5pm EST.
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/Ryan J. Walters/Primary Examiner, Art Unit 3799