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 Objections
Claims 5 and 8 are objected to because of the following informalities:
In claim 5, the claim ends with a semicolon and should end with a period.
In claim 8, the claim should end with a period.
Appropriate correction is required.
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 2, 3 and 15 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 2 recites the limitation "the body,”. There is insufficient antecedent basis for this limitation in the claim.
In claim 3, the term “concentric pivot points” does not make sense and it is unclear what this term means. The word “concentric” means to have the same center such as two circles or arcs. It is unclear how two points can have the same center since points do not have a center. Even if a pivot point has some type of center it would have to be the point itself around which something pivots; as such, two different pivot points could never be concentric in any sense of the term.
In claim 15, “the threaded rod” (lines 1-2) lacks proper antecedent basis in the claim.
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.
(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) 1-4, 6-12, 14 and 16 is/are rejected under 35 U.S.C. 102(a)(1) and 102(a)(2) as being anticipated by Benavente (US 2023/0358521).
Regarding claim 1, Benavente discloses a method for indexing and batching shafts, comprising: inserting a shaft 40 into an indexing and batching apparatus 20 (or 120 or 220 or 320 or 420); operating the apparatus resulting in longitudinal force being applied to the shaft (par. 0049); observing and measuring the properties of the shaft under load (par. 0050, observe and measure direction of bending); batching each shaft based on its specific properties (par. 0051, arrow shaft is marked with its detected deflection tendency direction).
Regarding claim 2, Benavente discloses that the body and shaft 40 may be positioned vertically (see e.g. Fig. 5).
Regarding claim 3, Benavente discloses that the shaft is flexed on a plurality of concentric pivot points (see Fig. 2B, pivot points at 158 and 154).
Regarding claim 4, Benavente discloses that the shaft is flexing along the first dynamic bend (par. 0050).
Regarding claim 6, Benavente discloses an apparatus for indexing and batching shafts comprising: a body 720 having upper and lower portions as well as inner and outer portions (see Fig. 9); a mechanism (808, 802, 724, 726) for applying force to a shaft 40 longitudinally, but not limited to (par. 0079); the applied force causes the shaft to deflect along the first dynamic bend (Id., and see Fig. 17, showing shafts 40 bending along natural weak spine first dynamic bend).
Regarding claim 7, Benavente discloses that body 720 of the apparatus is sized to accommodate the deflection of the shaft 40 (see Fig. 17).
Regarding claim 8, Benavente discloses that the mechanism is applying force to locate to first dynamic bend (see par. 0099 and Fig. 17).
Regarding claim 9, Benavente discloses that the body 720 is sized to accommodate varying sizes of shafts (see par. 0089, shafts of different lengths are accommodated).
Regarding claim 10, Benavente discloses that the indexing and batching apparatus may be configured to be operated manually (see par. 0098, actuator 808 may be manually powered).
Regarding claim 11, Benavente discloses that the indexing and batching apparatus may be configured to receive optional appendages 830 (see Figs. 13 and 14A-C; see par. 0091, bolt retainers 830 can be received in apparatus and can optionally be removed).
Regarding claim 12, Benavente discloses that the indexing and batching apparatus may contain a threaded system that allows a sliding block assembly (802, 724, 826) to apply force to a shaft (see Fig. 9; see par. 0098, actuator comprises a motor that rotates a threaded shaft to vertically raise and lower shaft 802).
Regarding claim 14, Benavente discloses that the sliding block assembly (802, 724, 826) is encased in a rail system (rails 818 surround sliding block assembly, see Fig. 9).
Regarding claim 16, Benavente discloses that attached to the body 720 is a mounting plate (814 or 810) for optional appendages, such as but not limited to, a gauge (see Fig. 9, appendages including a gauge is capable of being attached to plates 814 and 810).
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(s) 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Benavente (US 2023/0358521).
Regarding claim 13, Benavente discloses the limitations of claim 12 as set forth above, and Benavente further discloses that the apparatus contains an actuator 808 that rotates and mechanically fastens a threaded rod that then moves the sliding block assembly (802, 724, 826) to apply to a force to a shaft 40 (wee par. 0098, actuator may be a motor 808 that rotatably drives a threaded shaft to vertically raise and lower shaft 802).
Benavente teaches the actuator that rotates the threaded rod in this particular configuration being a powered mechanism such as an electric motor and not a hand crank. However, Benavente teaches generally that the actuator may comprise a manual powered actuator including a crank (par. 0098). Therefore, it would have been obvious to one of ordinary skill in the art to have used a manual hand crank in as the actuator in place of an electric motor with the threaded rod configuration in Benavente because a hand crank does not require electrical power and would reduce costs and simplify operation of the apparatus.
Allowable Subject Matter
Claim 5 is 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 and to correct the matter set forth in the objection above.
Claim 15 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter:
With regard to claim 5, Benavente does not disclose observing and measuring the properties: the amount of deflection of a shaft while flexing along the first dynamic bend, under load; and the amount of force applied to the shaft to result in a measurable deflection.
With regard to claim 15, Benavente does not disclose the sliding block comprising a low friction material that contacts the rail system. Benavente does not teach any elements of the sliding block assembly in contact with rails to move along them.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Note that Margoles et al. (US 2013/0344973) disclose applying force to a shaft and observing and measuring properties of it.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PAUL M WEST whose telephone number is (571)272-2139. The examiner can normally be reached M-F 9 am - 5:30 pm (CT).
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/PAUL M. WEST/Primary Examiner, Art Unit 2855