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 .
DETAILED ACTION
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 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, 2, 6, and 7 is/are rejected under 35 U.S.C. 102(a)(1) as being Anticipated by Amaya et al. (JP 2005081528 A).
Regarding Claim 1, Amaya discloses:
An automatic pallet changer (1) comprising:
a first arm member (11) and a second arm member (11) that are turnable about a first axis (12) extending in an up-down direction (Fig. 3 & Fig. 4) and move reversely to each other to a first side and a second side across a predetermined plane including the first axis in association with turning about the first axis (Fig. 3 & Fig. 4) [0017 & 0018], wherein
each arm member of the first arm member and the second arm member is pivotable about a second axis (13) extending in a horizontal direction and included in the predetermined plane (Fig. 3 & Fig. 4) [as the arms can only be rotated when they are positioned on the processing side their pivot point is required to be coaxial with the second pivot axis in order to pivot the arms about a horizontal axis as can be seen by the position of the drive system components (7 & 9 & 10 & 21) in Fig. 3 & Fig. 4 which operates the pivoting of each arm about the second axis exclusively on the processing side].
Regarding Claim 2, Amaya discloses:
a processing area (3) of a workpiece (5) is provided on the first side (Fig. 1 & Fig. 2),
an external space outside the processing area is provided on the second side (Fig. 1 & Fig. 2), and
the each arm member pivots between a first state in which the each arm member extends sideways from the second axis and a second state in which the each arm member rises upward from the second axis (Fig. 1 & Fig. 2 & Fig. 3 & Fig. 4).
Regarding Claim 6, Amaya discloses:
the first arm member and the second arm member are displaced from each other in an axial direction of the second axis (Fig. 1 & Fig. 2 & Fig. 3 & Fig. 4) [the second axis about which the first arm member and second arm member are rotated is maintained on the processing area side of the system and when the arms rotate there are a number of positions during rotation in which the first arm member and second arm member are displaced from each other in an axial direction of the second axis],
the automatic pallet changer includes
a first actuator (8) that is connected to the first arm member and pivots the first arm member about the second axis [0022 & 0023 & 0028], and
a second actuator (8) that is connected to the second arm member and pivots the second arm member about the second axis [0022 & 0023 & 0028],
the first actuator is provided at a position overlapping the first arm member and not overlapping the second arm member in the top view (Fig. 3 & Fig. 4) [0022 & 0023 & 0028], and the second actuator is provided at a position overlapping the second arm member and not overlapping the first arm member in the top view (Fig. 3 & Fig. 4) [0022 & 0023 & 0028].
Regarding Claim 7, Amaya discloses:
the first arm member and the second arm member are pivotable about the second axis independently to each other (Fig. 1 & Fig. 2 & Fig. 3 & Fig. 4) [0022 & 0023 & 0028].
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 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 of this title, 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) 3, 4, and 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Amaya et al. (JP 2005081528 A) in view of Nakazawa et al. (US 20050143236 A1).
Regarding Claim 3, Amaya teaches:
the each arm member includes a base [end of the arm member proximate to and connected to the second axis] rotatably supported about the second axis (Fig. 3 & Fig. 4) and extending away from the second axis toward a radially outer side of the second axis (Fig. 3 & Fig. 4), and a body [distal portion of the arm member spaced away from the second axis] bent from the base (Fig. 3 & Fig. 4) and extending upward along a vertical plane in the second state (Fig. 2).
Amaya does not teach:
a turning cover that is provided on the predetermined plane, turns about the first axis together with the first arm member and the second arm member, and separates the processing area from the external space, wherein
the turning cover extending upward along a vertical plane.
Nakazawa teaches:
An automatic pallet changer (1) comprising:
a first support member (11 & 23) and a second support member (11 & 23) that are turnable about a first axis (14) extending in an up-down direction (Fig. 1) and move reversely to each other to a first side (A) and a second side (B) across a predetermined plane including the first axis in association with turning about the first axis (Fig. 1 & Fig. 5) [0034 & 0036 & 0045], wherein
a processing area of a workpiece [0004 & 0034] is provided on the first side (Fig. 1),
an external space outside the processing area is provided on the second side (Fig. 1), and
a turning cover (15) that is provided on the predetermined plane (Fig. 1), turns about the first axis together with the first support member and the second support member (Fig. 1 & Fig. 5) [0035 & 0045 & 0046 & 0047 & 0051 & 0057], and separates the processing area from the external space (Fig. 1 & Fig. 5 & Fig. 8) [0035 & 0045 & 0046 & 0047 & 0051 & 0057], wherein
the each support member includes a base (23) positioned away from the first axis toward a radially outer side of the first rotation axis (Fig. 8), and a body (11) supported by the base (Fig. 8),
where the turning cover extends upward along a vertical plane (Fig. 1 & Fig. 8).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the automatic pallet changer having pivoting arm members pivoted about two axes perpendicular relative to one another for switching workpieces for a processing system taught by Amaya with the automatic pallet changer having support members pivoted about an axis for switching workpieces for a processing system with a turning cover that is provided on the predetermined plane, turns about the first axis together with the first support member and the second support member, and separates the processing area from the external space, wherein the each support member includes a base positioned away from the first axis toward a radially outer side of the first rotation axis, and a body supported by the base and where the turning cover extends upward along a vertical plane taught by Nakazawa in order to provide a means for isolating the processing environment from the external environment in order to prevent contamination from particulates resulting from the processing to the external environment.
Regarding Claim 4, Amaya does not teach:
a turning cover that is provided on the predetermined plane, turns about the first axis together with the first arm member and the second arm member, and separates the processing area from the external space, wherein
the turning cover is provided with an opening in which the each support member in the second state is disposed.
Nakazawa teaches:
An automatic pallet changer (1) comprising:
a first support member (11 & 23) and a second support member (11 & 23) that are turnable about a first axis (14) extending in an up-down direction (Fig. 1) and move reversely to each other to a first side (A) and a second side (B) across a predetermined plane including the first axis in association with turning about the first axis (Fig. 1 & Fig. 5) [0034 & 0036 & 0045], wherein
a processing area of a workpiece [0004 & 0034] is provided on the first side (Fig. 1),
an external space outside the processing area is provided on the second side (Fig. 1), and
each support member configured to be rotated to reposition the support member from a first position to a second position 45 degrees from the first position [0037],
a turning cover (15) that is provided on the predetermined plane (Fig. 1), turns about the first axis together with the first support member and the second support member (Fig. 1 & Fig. 5) [0035 & 0045 & 0046 & 0047 & 0051 & 0057], and separates the processing area from the external space (Fig. 1 & Fig. 5 & Fig. 8) [0035 & 0045 & 0046 & 0047 & 0051 & 0057], wherein
the turning cover is provided with an opening in which the each support member in the second state is disposed (Fig. 1).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the automatic pallet changer having pivoting arm members pivoted about two axes perpendicular relative to one another for switching workpieces for a processing system taught by Amaya with the automatic pallet changer having support members pivoted about an axis for switching workpieces for a processing system, each support member configured to be rotated to reposition the support member from a first position to a second position 45 degrees from the first position, with a turning cover that is provided on the predetermined plane, turns about the first axis together with the first support member and the second support member, and separates the processing area from the external space, wherein the each support member includes a base positioned away from the first axis toward a radially outer side of the first rotation axis, and a body supported by the base and where the turning cover extends upward along a vertical plane, the turning cover is provided with an opening in which the each support member in the second state is disposed taught by Nakazawa in order to provide a means for isolating the processing environment from the external environment in order to prevent contamination from particulates resulting from the processing to the external environment.
Regarding Claim 5, Amaya discloses:
a turning cover that turns about the first axis together with the first arm member and the second arm member and separates the processing area from the external space, wherein
the turning cover is provided with a recess that has a recessed shaped at a position overlapping the predetermined plane in a top view and in which the each arm member in the second state is disposed.
Amaya does not teach:
a turning cover that turns about the first axis together with the first arm member and the second arm member and separates the processing area from the external space, wherein
the turning cover is provided with a recess that has a recessed shaped at a position overlapping the predetermined plane in a top view and in which the each arm member in the second state is disposed.
Nakazawa teaches:
An automatic pallet changer (1) comprising:
a first support member (11 & 23) and a second support member (11 & 23) that are turnable about a first axis (14) extending in an up-down direction (Fig. 1) and move reversely to each other to a first side (A) and a second side (B) across a predetermined plane including the first axis in association with turning about the first axis (Fig. 1 & Fig. 5) [0034 & 0036 & 0045], wherein
a processing area of a workpiece [0004 & 0034] is provided on the first side (Fig. 1),
an external space outside the processing area is provided on the second side (Fig. 1), and
each support member configured to be rotated to reposition the support member from a first position to a second position 45 degrees from the first position [0037],
a turning cover (15) that is provided on the predetermined plane (Fig. 1), turns about the first axis together with the first support member and the second support member (Fig. 1 & Fig. 5) [0035 & 0045 & 0046 & 0047 & 0051 & 0057], and separates the processing area from the external space (Fig. 1 & Fig. 5 & Fig. 8) [0035 & 0045 & 0046 & 0047 & 0051 & 0057], wherein
the turning cover is provided with a recess that has a recessed shaped at a position overlapping the predetermined plane in a top view and in which the each support member in the second state is disposed (Fig. 1).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the automatic pallet changer having pivoting arm members pivoted about two axes perpendicular relative to one another for switching workpieces for a processing system taught by Amaya with the automatic pallet changer having support members pivoted about an axis for switching workpieces for a processing system, each support member configured to be rotated to reposition the support member from a first position to a second position 45 degrees from the first position, with a turning cover that is provided on the predetermined plane, turns about the first axis together with the first support member and the second support member, and separates the processing area from the external space, wherein the each support member includes a base positioned away from the first axis toward a radially outer side of the first rotation axis, and a body supported by the base and where the turning cover extends upward along a vertical plane, the turning cover is provided with a recess that has a recessed shaped at a position overlapping the predetermined plane in a top view and in which the each support member in the second state is disposed taught by Nakazawa in order to provide a means for isolating the processing environment from the external environment in order to prevent contamination from particulates resulting from the processing to the external environment.
Response to Arguments
Applicant's arguments filed 2026/03/11 have been fully considered but they are not persuasive.
Regarding Applicant’s argument of the Examiner’s rejection of Claim 1, especially as it relates to the limitation of “a first arm member and a second arm member that are turnable about a first axis extending in an up-down direction and move reversely to each other to a first side and a second side across a predetermined plane including the first axis in association with turning about the first axis, wherein each arm member of the first arm member and the second arm member is pivotable about a second axis extending in a horizontal direction and included in the predetermined plane”:
Applicants assertion that Amaya fails to disclose that the first and second arm members extend horizontally and pivot specifically around the second axis that is included within the predetermined plane is not persuasive as the arms of Amaya can only be rotated when they are positioned on the processing side their pivot point is required to be coaxial with the second pivot axis in order to pivot the arms about a horizontal axis as can be seen by the position of the drive system components (7 & 9 & 10 & 21) in Fig. 3 & Fig. 4 which operates the pivoting of each arm about the second axis exclusively on the processing side. Applicant appears to be asserting that the axles about which the first arm member and second arm member of Amaya are not coaxial with a second axis, however that is not what is claimed in claim 1. Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993).
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any extension fee pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any extension fee pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRENDAN P TIGHE whose telephone number is 571-272-4872. The Examiner can normally be reached on Monday-Thursday, 7:00-5:30 EST
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, SAUL RODRIGUEZ can be reached on 571-272-7097. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/BRENDAN P TIGHE/Examiner, Art Unit 3652
/SAUL RODRIGUEZ/Supervisory Patent Examiner, Art Unit 3652
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