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 § 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, 5-6 is/are rejected under 35 U.S.C. 102a1 and a2 as being anticipated by Morimoto (JP H10-58254 A, machine translation relied on).
Re Claim 1, Morimoto discloses a machine tool comprising: a support portion 3; and a turning portion 4/10/11/16/20 pivotably supported by the support portion around a predetermined axis extending in a horizontal direction or obliquely to the horizontal direction to turn about the predetermined axis, the turning portion including a workpiece holder 40/46/47 disposed apart from the predetermined axis radially outward of the predetermined axis for detachably holding a workpiece (para. 20), the machine tool further comprising: a flow path connecting portion including a movable portion that is fixed to the turning portion and turns about the predetermined axis together with the turning portion (rotary joint; para. 9), and a fixed portion 30 fixed to the support portion and combined with the movable portion, the flow path connecting portion being disposed on the predetermined axis for connecting a flow path for a fluid between the movable portion and the fixed portion; a fluid pressure generation portion P/C that generates a fluid pressure (para. 28-30); a first flow path that supplies the fluid from the fluid pressure generation portion toward the fixed portion (para. 28-30); a second flow path that is in communication with the first flow path in the flow path connecting portion and supplies the fluid from the movable portion toward the workpiece holder (para. 28-30); and a plurality of valves 54, 63, 83, 84 that are provided on the second flow path and control a fluid flow toward the workpiece holder (Fig. 1-10; para. 6-36).
Re Claim 5, Morimoto discloses the turning portion includes a supported portion 21 extending axially of the predetermined axis and pivotably supported by the support portion, and an arm portion 4/10/11/16 extending axially of the predetermined axis and radially outward of the predetermined axis from the supported portion (Fig. 1-10), the workpiece holder being mounted on the arm portion, the arm portion is provided with a second hollow portion extending between the supported portion and the workpiece holder (Fig. 7), and the plurality of valves are disposed in the second hollow portion (Fig. 7).
Re Claim 6, Morimoto discloses each of the plurality of valves is a pneumatic valve that controls an air flow toward the workpiece holder (para. 30; Fig. 7, 10).
Allowable Subject Matter
Claims 2-4 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
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
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