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, 6-8, 10-13 in the reply filed on 6/4/26 is acknowledged.
Claims 2-5, 9 and 14 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected Group II, there being no allowable generic or linking claim.
Please note: Applicant elected figures 4-6 directed to 1 and 6-13, however, claim 9 is drawn to figure 8, thus has been included with the withdrawn claims.
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)(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.
Claims 1, 6 and 10-13 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Hirose et al. (USP 6,626,075).
Regarding claim 1, Hirose discloses a machine tool, in particular a lathe, comprising a machine frame having an upper tool carrier support portion and a lower tool carrier support portion, each of the upper tool carrier support portion and the lower tool carrier support portion accommodating at least one linear movable tool carrier assembly (tool rest 6 on the upper tool carrier support portion and tool turrets 9L/9R on the lower tool carrier support portion) configured to carry a milling unit (Col. 5, lines 52-56); a first milling unit arranged on a tool carrier assembly of the upper tool carrier support portion; a second milling unit (figure 3 and col. 5, lines 5-7) arranged on a tool carrier assembly of the lower tool carrier support portion; at least one work spindle (9L) provided to receive a workpiece; wherein the first and the second milling units are configured to jointly machine the workpiece received by the at least one work spindle (figures 1 and 3).
Regarding claim 6, Hirose discloses wherein the machine frame has a spindle
support portion arranged between the upper and the lower tool carrier support portions, the spindle support portion accommodating at least one spindle carrier on which the at least one work spindle (29L) is arranged (figure 1).
Regarding claim 10, Hirose discloses wherein the at least one work spindle (29L) has a horizontally arranged spindle axis (figures 1-3).
Regarding claim 11, Hirose discloses wherein the at least one spindle carrier is configured to move the at least one work spindle (29L/29R) in a Z-axis direction extending horizontally in a direction parallel to the main extending direction of the machine frame (figures 1-3).
Regarding claim 12, Hirose discloses wherein a main spindle and a counter
spindle (29L/29R) are each arranged on a spindle carrier accommodated by the spindle support portion, the main spindle and the counter spindle facing each other (figures 1-3).
Regarding claim 13, Hirose discloses wherein the main spindle and the counter spindle (29L/29R) each have a horizontally arranged spindle axis, the axis of the counter spindle being arranged coaxially with the spindle axis of the main spindle (figures 1-3).
Allowable Subject Matter
Claims 7 and 8 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 SARA ADDISU at (571) 272-6082. The examiner can normally be reached on Monday - Friday 9:00 am - 5:00 pm (Mondays and Wednesday-Friday).
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Sunil K. Singh can be reached on (571) 272-3460. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SARA ADDISU/ Primary Examiner, Art Unit 3722 6/23/26
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