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 claims 1-5 in the reply filed on 6/20/2026 is acknowledged.
Specification
The disclosure is objected to because of the following informalities: On page 11, [0050], line 1, “55A” is objected to because it is the incorrect reference numeral, therefore it is suggested to change “55A” to - -55B- -; [0051], line 1, “55B” is objected to because it is the incorrect reference numeral, therefore it is suggested to change “55B” to - -55A- -. 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.
Claim(s) 1, 2, 4, and 5 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Comella et al. (US 11,014,017 B2).
Regarding claim 1, Comella discloses a machine tool (10; Fig. 1) comprising: a cover body (40) defining a processing area inside the machine tool (10); an ejection part (60) configured to eject (col. 2, lines 61-64) a coolant into the processing area; a mist collector (50; Fig. 1) configured to collect (col. 3, lines 39-42) a substance included in air as a result of the coolant being ejected from the ejection part into the processing area. Comella discloses a sensor (col. 4, lines 5-8) with respect to the mist extraction system (50). The mist extraction extraction/collector (50) is provided outside the processing area as shown in Fig. 1 and configured to detect the substance. Comella discloses a mist collector control unit (20) configured (col. 2, lines 26-42; col. 4, lines 5-21) to cause the mist collector to start collection processing for collecting the substance when the substance is detected by the sensor.
Regarding claim 2, Comella also discloses the mist extraction system/collector (50) being disposed inside the body cover (40), and since the sensor is attached to the mist collector (50) it is readily apparent the sensor is provided inside the machine tool (10) and outside the processing area wherein the machining takes place.
Regarding claim 4, Comella discloses wherein the sensor (col. 4, lines 5-8) is provided outside (see Fig. 1) the machine tool (10) because the sensor is associated with the mist collector (50) which is located outside the machine tool (10) as shown in Fig. 1.
Regarding claim 5, Comella discloses (col. 2, lines 26-42; col. 4, lines 5-21) wherein, when the substance is no longer detected by the sensor, the mist collector control unit (20) controls the mist collector such that an amount of the substance collected by the mist collector per unit time becomes smaller than that during a period for which the substance has been detected by the sensor.
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.
Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Comella et al. (US 11,014,017 B2) in view of Matsuyama et al. (US 2018/0272488 A1).
Comella discloses a collection mechanism configured (col. 3, lines 3-6) to collect the coolant ejected from the ejection part into the processing area, the collection mechanism being continuous to the processing area inside the machine tool (10)
Comella, however, does not disclose wherein the sensor is provided inside the collection mechanism.
Matsuyama discloses a sensor (i.e., “a capacitance-type water level sensor”; [0078], lines 1-2) provided inside the collection mechanism (10).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide a sensor inside the collection mechanism of Comella, in order to determine the coolant level inside the collection mechanism.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The references listed on the attached PTO-892 are cited to show mist collection systems.
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/JERMIE E COZART/Primary Examiner, Art Unit 3799
July 30, 2026
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