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 .
Priority
Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d). The certified copy has been filed in Application No. 18558197, filed on 10/31/2023.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 6/23/2025 and 1/06/2025 were filed after the filing date of the application on 10/31/2023. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement has been considered by the examiner.
Specification
The disclosure is objected to because of the following informalities:
Regarding the specification, “actuable” should be “actuatable” for correcting a typo.
Appropriate correction is required.
Claim Objections
Claims 1-4, 9 and 14-17 are objected to because of the following informalities:
Regarding claims 1-4, 9 and 14-17, “one actuable” should be “one actuatable” for correcting a typo.
Appropriate correction is required.
Claim Rejections - 35 USC § 102
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.
Claims 1-4, 7, 10 and 13-16 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Dick (US 20050098004 A1).
Regarding claim 1, Dick teaches a machine tool (see Figure 1) for producing a workpiece of predefined length, comprising:
a frame (110) configured to receive the workpiece, which extends in a longitudinal direction (along the arrow in Figure 1) and is configured to guide the workpiece in the longitudinal direction at least in part (see Figure 1);
a cutting tool (32) configured to sever the workpiece in a machining position (see Figure 1);
a drivable stop element (120) which is mounted on the frame so as to be displaceable, in order to move the workpiece into the machining position (see Figure 1); and
at least one actuable slide element (106) which is mounted on the frame so as to be displaceable; and is configured to guide the workpiece when the at least one actuable slide element is moved by the drivable stop element (see Figure 1).
Regarding claim 2, Dick teaches the at least one actuable slide element is configured to be actuated by the workpiece via at least one contact portion (114) of the at least one actuable slide element (See Figure 1).
Regarding claim 3, Dick teaches at least one contact portion of the at least one actuable slide element forms a stop for the received workpiece (surface of 114, see Figure 1).
Regarding claim 4, Dick teaches the at least one actuable slide element is mounted so as to be displaceable in the longitudinal direction between the drivable stop element and the cutting tool (see Figure 1).
Regarding claim 7, Dick teaches a display and operating unit which is connected at least to the control and regulating unit via a signal connection and is configured to query at least the predefined length of the workpiece (paragraph 0049).
Regarding claim 10, Dick teaches the frame is configured comprises, at least in part, a table (table for 110) which has a work plate for receiving configured to receive the workpiece (see Figure 1).
Regarding claim 13, Dick teaches the drivable stop element is mounted on the frame so as to be displaceable in the longitudinal direction (See Figure 1).
Regarding claim 14, Dick teaches the at least one actuable slide element is mounted on the frame so as to be displaceable in the longitudinal direction (See Figure 1).
Regarding claim 15, Dick teaches at least one contact portion of the at least one actuable slide element forms the stop for the workpiece transversely to the longitudinal direction (surface of 114 as the stop, See Figure 1).
Regarding claim 16, Dick teaches at least one contact portion of the at least one actuable slide element forms the stop for the workpiece transversely to the longitudinal direction (surface of 114 as the stop, See Figure 1).
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.
Claims 5-6 are rejected under 35 U.S.C. 103 as being unpatentable over Dick (US 20050098004 A1) in view of Hundegger (US 20050121109 A1).
Regarding claim 5, Dick further teaches a zero position system (paragraph 0061 of Dick).
Dick fails to teach at least one light barrier which is arranged on the cutting tool and is configured to determine at least one zero position on the workpiece or to define the at least one zero position for machining by the cutting tool by means of at least one light signal which is transmitted to the workpiece and is reflected by the workpiece, or is a non-reflected light signal.
Hundegger teaches a positioning system using at least one light barrier.
It would have been obvious to one of ordinary skill in the art to modify the device of Dick to change the positioning system with at least one light barrier, as taught by Hundegger, in order to better measure the position of the workpiece (paragraph 0019 and 0083).
Regarding claim 6, modified Dick further teaches a control (24 of Dick) and regulating unit (24a and 89) which is connected at least to the cutting tool, to the drivable stop element, and the at least one light barrier via a signal connection (as modified by Hundegger, see paragraph 0040 of Hundegger and paragraph 0061 of Dick), wherein the control and regulating unit is configured to activate the drivable stop element via the signal connection in order to move the workpiece translationally into the machining position (as modified by Hundegger, see paragraph 0040 of Hundegger and paragraph 0061 of Dick).
Claims 8-9 are rejected under 35 U.S.C. 103 as being unpatentable over Dick (US 20050098004 A1) in view of Lammi (US 20160229080 A1).
Regarding claims 8-9, Dick teaches all elements of the current invention as set froth in claim 1 stated above.
Dick fails to teach at least one sensor unit configured to detect a presence of the a received workpiece at least at a first point in time and at a second point in time (as required by claim 8), the at least one sensor unit is arranged on the at least one actuable slide element (as required by claim 9).
Lammi teaches a cutting system including a sensor (340) for detecting the work piece (paragraphs 0065-0066).
It would have been obvious to one of ordinary skill in the art to modify the device of Dick to add the sensor on the at least one actuable slide element, as taught by Lammi, in order to detecting the work piece (paragraphs 0065-0066 of Lammi).
Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Dick (US 20050098004 A1).
Regarding claim 11, Dick teaches the frame has a receiving portion (table on 32) for the workpiece between the drivable stop element and the cutting tool, which receiving portion extends at a unknown value in the longitudinal direction (see Figure 1 of Dick).
Dick fails to teach extends at least 2000 mm.
Furthermore, with respect to the specific size of at least 2000 mm, the courts have held that where the general conditions of the invention are met, a change in size is generally recognized as being within the level of ordinary skill in the art., In re Rose, 105 USPQ 237 (CCPA 1955). MPEP 2144.04 IV. A. Therefore, it would have been obvious to further modify size of the table on Dick to have the specific extends at least 2000 mm. set forth in the claim as desired by the end user for the size of table.
Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over Dick (US 20050098004 A1) in view of Naldi (US 6029555).
Regarding claim 12, Dick teaches the drivable stop element is designed configured to push at least one portion of the workpiece (see Figure 1).
Dick fails to teach a releasably fasten.
Naldi teaches a gripper for a work feed (28).
It would have been obvious to one of ordinary skill in the art to modify the device of Dick to add the gripper to the work feed, as taught by Naldi, in order to better grip the work piece (see Figure 2 of Naldi).
Claim 17 is rejected under 35 U.S.C. 103 as being unpatentable over Dick 004’ (US 20050098004 A1) in view of Dick 547’ (US 20070240547 A1).
Regarding claim 17, Dick teaches a rail, which extends in the longitudinal direction, is formed on the work plate for the displaceable mounting of the at least one actuable slide element (see Figure 1).
Dick fails to teach a groove or recess, which extends in the longitudinal direction, is formed on the work plate for the displaceable mounting of the at least one actuable slide element (see Figure 1) and/or for guiding the drivable stop element.
Dick 547’ teaches a groove or recess(groove in 146), which extends in the longitudinal direction, is formed on the work plate for the displaceable mounting of the at least one actuable slide element (see Figure 1).
It would have been obvious to one of ordinary skill in the art to modify the device of Dick 004’ to change the mounting arrangement, as taught by Dick 547’, in order provide the detail of the mounting arrangement (see Figure 1 of Dick 547’).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LIANG DONG whose telephone number is (571)270-0479. The examiner can normally be reached Monday - Thursday 8 AM-6 PM.
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/LIANG DONG/Examiner, Art Unit 3724 9/16/2025