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 Interpretation
2. The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: “pushing member” recited in claim 1.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Pushing Member (26) is interpreted as having the corresponding structure of a spring [as described in paragraph 0023 of the specification of the instant application], or an equivalence thereof.
Claim Rejections - 35 USC § 112
4. 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 1-9 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.
Applicant recites the term “can” in claim 1 lines 2, 4, 11, 16, and 22. It is unclear whether applicant is intending to positively recite the limitations following the term “can”. For the purpose of examination, it is interpreted as the limitations following the term “can” are not positively recited or required.
The term “close” in claim 1 is a relative term which renders the claim indefinite. The term “close” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention.
Applicant recites “in a way” in claim 4 line 5. The structural limitations applicant is intending to refer to by the phrase “in a way” is unclear and indefinite.
Applicant recites the phrase “each other” in claims 2 line 5 and claim 8 line 7. The structure applicant is intending to refer to by the phrase “each other” is unclear and indefinite.
Claims 2-9 are rejected as a result of being dependent on a rejected claim.
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) 1-2 is/are rejected, as best understood in view of the above 112 rejection, under 35 U.S.C. 103 as being unpatentable over Sheng (CN 108296846A and the Machine Translation thereof).
Regarding to claim 1, Sheng discloses a tool changing arm [Figure 1 in Sheng] of an automatic tool changing device [as can be seen from Figure 1 in Sheng], comprising an elongated body (robotic arm body 1, as can be seen from Figure 1 in Sheng) and at least one tool fastening unit [Figures 4-5 in Sheng], wherein the elongated body (1) can rotate about an axis, and two ends of the elongated body (1) respectively form two holding arms (a first and second lever-type claw 2, as can be seen from Figure 4 in Sheng); each of the holding arms (first and second 2) has a side opening [as can be seen from Figure 4 in Sheng], wherein at least one of the holding arms (a first 2) can hold a tool holder (tool 91, as can be seen from Figure 3 in Sheng) with the at least one tool fastening unit [as can be seen from Figures 3-5 in Sheng]; the tool changing arm is characterized in that: the elongated body (1) has at least one receiving hole (a first and second hole receiving a first and second first cylindrical part 41 and a first and second second cylindrical part 43, as can be seen from Figure 2 in Sheng) and at least one groove (a first and second groove 13, as can be seen from Figure 3 in Sheng), wherein an end of the at least one groove (as first end of the first and second 13) communicates with the at least one receiving hole (first and second hole receiving 41 and 43) [as can be seen from Figures 3-5 in Sheng], and another end (a second end of the first and second 13) of the at least one groove (first and second 13) communicates with at least one of the side openings [as can be seen from Figures 1-5 in Sheng]; the at least one tool fastening unit comprises a brake pin (a first and second first cylindrical part 41 and a first and second second cylindrical part 43, as can be seen from Figures 1-5 in Sheng), a positioning seat (head portion of 3 depicted in Figure 1 in Sheng), a tool fastening rod (body portion of clip rod 3 depicted in Figure 14 in Sheng), and a pushing member (spring 7, as can be seen from Figure 4 in Sheng), wherein the brake pin (41, 43) is disposed in the at least one receiving hole (first and second hole receiving 41 and 43) and can move between a first position and a second position along a first direction [Figures 1 -5. Note that a user is capable of using the apparatus disclosed by Sheng in the recited manner]; the positioning seat (head portion of 3) disposed in the at least one groove (first and second 13) has a stop surface (an outer surface of head portion 3, as can be seen from Figure 3 in Sheng), the tool fastening rod (body portion of 3) can move between a third position and a fourth position along a second direction [as can be seen from Figures 1-5 in Sheng. Note that an operator is capable of using the apparatus disclosed by Sheng in the recited manner], wherein a position where the tool fastening rod (body of 3) is in contact with the stop surface (an outer surface of head portion 3) of the positioning seat is defined as the third position [Figures 1-5 in Sheng]; the pushing member (7) is adapted to push the tool fastening rod (body of 3) to keep moving toward the third position; wherein the first direction and the second direction are non-parallel directions; when the brake pin (41, 43) is located at the first position, the tool fastening rod (body of 3) is located at the third position or close to the third position, and when the brake pin (41, 43) is located at the second position, the tool fastening rod (body of 3) can move towards the fourth position [as can be seen from Figures 1-5 in Sheng. Note that the apparatus disclosed by Sheng is capable of being used in the recite manner].
Sheng discloses a positioning seat (head portion of 3, Figure 1) and a tool fastening rod (body of 3, Figure 14) having a connection (connection of head portion of 3 to body of 3) joining the positioning seat and tool fastening rod. However, Sheng does not explicitly disclose the connection including the head having a through hole, the through hole communicating with both the at least one groove and the at least one of the side openings, and a part of the tool fastening rod passing through the through hole of the positioning seat. However, 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 connection of the positioning seat and tool fastening rod in Sheng, to include the head having a through hole, the through hole communicating with both the at least one groove and the at least one of the side openings, and a part of the tool fastening rod passing through the through hole of the positioning seat, as a simple substitution of one known connection type for another, which would yield predictable results.
Regarding to claim 2, Sheng, discloses the tool changing arm of the automatic tool changing device as claimed in claim 1, wherein the at least one groove (first and second 13) of the elongated body (1) has two groove walls and a groove bottom [Figure 1-5]; at least one of the groove walls has an abutting shoulder portion protruding towards the opposite groove wall [Figures 5-6]; the positioning seat (head portion of 3) has a front abutting portion (front portion of head portion 3, Figure 4) and a rear abutting portion (rear portion of head portion 3, Figure 4) opposite to each other [as can be seen from Figures 1-7 in Sheng], wherein the front abutting portion is located outside the at least one groove and abuts against a surface of the elongated body, and the rear abutting portion extends to the second groove section and abuts against the abutting shoulder portion [Figures 4-7 in Sheng]; wherein at least one cover (cover 8, as can be seen from Figure 4-5 in Sheng) is combined with the elongated body (1) and restrains both the positioning seat (head portion of 3) and the tool fastening rod (body portion of 3) within the at least one groove (first and second 13) [as can be seen from Figures 1-7 in Sheng].
Allowable Subject Matter
Claims 3-9 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.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NIRVANA DEONAUTH whose telephone number is (571)270-5949. The examiner can normally be reached Monday-Friday 9am-5pm.
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/NIRVANA DEONAUTH/Primary Examiner, Art Unit 3726
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