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 Group l corresponding to claims 1-9 in the reply filed on 8/5/26 is acknowledged.
Claim Rejections - 35 USC § 112
3. 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 8-9 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 shank is held by a tool holder” in claim 8. The structure applicant is intending to refer to by the recitation of “the shank” is unclear and lacks proper antecedent basis since “a shank” was never previously recited. Also, it is unclear whether applicant is intending to refer to “a tool holder” of the “tool holders” previously recited in claim 1 line 17 or whether applicant is intending to refer to a new “tool holder”.
Applicant recites “the tool holder” in claim 9. It is unclear whether applicant is intending to refer to the “tool holder” recited in claim 8 or the “tool holders” recited in claim 1 line 17.
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, 5, and 8-9 is/are rejected, as best understood in view of the above 112 rejection, under 35 U.S.C. 102(a)(1) as being anticipated by Schweizer (US 5,803,886).
7. Regarding to claim 1, Schweizer discloses a machining center comprising: a part holder (dividing attachment 36, as can be seen from Figure 1 in Schweizer) for holding a part (workpiece 30) during machining [as described in column 6 lines 62-column 7 line 11 in Schweizer]; a plurality of tools (tools 24, as can be seen from Figure 1 in Schweizer); a spindle (spindle 61, spindle head 11, as can be seen from Figure 2 in Schweizer) for holding an in-use tool of the plurality of tools [as can be seen from Figures 1-2 in Schweizer]; a tool magazine (magazine 20, as can be seen from Figure 1 in Schweizer) containing at least a partial remainder of the plurality of tools [as can be seen from Figure 1 in Schweizer]; and a tool changer (tool changers 25, 26; drive system 12, gripper hands 28, as can be seen from Figure 1 in Schweizer) for transferring tools between the tool magazine (20) and the spindle (61, 11) [as can be seen from Figures 1-2 in Schweizer], wherein: at least one of the plurality of tools is a grasper (new workpiece gripper 29, , as can be seen from Figure 1 in Schweizer) comprising: a plurality of claws (clamping jaws 43, 44, as described in column 7 lines 22-25 and can be seen from Figures 1-2 in Schweizer) shiftable between a first condition and a second condition [as described in column 7 lines 22-25 and column 8 lines 11-28 and can be seen from Figures 1-2 in Schweizer], the second condition open relative to the first condition [as described in column 7 lines 22-25 and can be seen from Figures 1-2 in Schweizer]; and multiple other of the plurality of tools are held by respective tool holders (tool holder 54, as can be seen from Figure 2 in Schweizer).
8. Regarding to claim 2, Schweizer discloses the machining center of claim 1 wherein: the grasper (29) is fluid actuated [as described in column 8 lines 11-28 and can be seen from Figures 1-2 in Schweizer]; and a fluid supply path for actuating the grasper passes through the spindle [as described in column 8 lines 11-28 and can be seen from Figures 1-2 in Schweizer].
9. Regarding to claim 5, Schweizer discloses the machining center of claim 1 wherein the grasper (29) is a multi-claw grasper [multiple claws 43, 44, as can be seen from Figure 2 in Schweizer].
10. Regarding to claim 8, Schweizer discloses the machining center of claim 1 wherein: the shank (a shank of a tool in Schweizer) is held by a tool holder (54 in Schweizer) [as can be seen from Figures 1-2 in Schweizer].
11. Regarding to claim 9, Schweizer discloses the machining center of claim 8 further comprising: a fluid passageway through the tool holder (54 in Schweizer) [as described in column 8 lines 11-28 and can be seen from Figures 1-2 in Schweizer]..
Claim Rejections - 35 USC § 103
12. 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) 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Schweizer (US 5,803,886) in view of Hornok et al. (US 4,426,763).
14. Regarding to claim 3, Schweizer discloses the machining center of claim 1 wherein having a grasper (29). However, Schweizer does not explicitly disclose the grasper being spring biased toward a closed condition. Hornok et al., however, discloses a grasper being spring biased to a closed condition [as described in column 8 lines 46-62 in Hornok et al.]. Therefore, 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 grasper in Schweizer, to include a spring, as taught by Hornok et al., to restrain vertical movement of a grasper during operations [as described in column 8 lines 46-62 in Hornok et al.].
Claim(s) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Schweizer (US 5,803,886).
16. Regarding to claim 4, Schweizer discloses the machining center of claim 1 having a plurality of tools. However, Schweizer does not explicitly disclose that at least one of the plurality of tools comprises a carbide bit. 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 at least one of the plurality of tools in Schweizer to include a carbide bit, as a simple substitution of one known material for another, which would yield predictable results.
17. Claim(s) 6-7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Schweizer (US 5,803,886) in view of Winkler et al. (US 4,716,647).
18. Regarding to claim 6, Schweizer discloses the machining center of claim 1 having a grasper (29). However, Schweizer does not explicitly disclose the grasper comprises: plurality of links respectively associated with said plurality of claws; a shank; and a piston reciprocally movable within the shank, wherein: each of the claws has: a distal end; a respective first pivot axis relative to the piston; and a respective second pivot axis relative to the associated link; and each of the links has: a respective third pivot axis relative to the shank. Winkler et al., however, discloses an apparatus having a grasper [Figure 2 in Winkler] comprising a plurality of links (toggle linkage 65, as can be seen from Figure 2 in Winkler) respectively associated with a plurality of claws (clamping jaws 66, as can be seen from Figure 2 in Winkler); a shank (body of gripping element 29, as can be seen from Figure 2 in Winkler); and a piston (piston/cylinder unit 64, as can be seen from Figure 2 in Winkler) reciprocally movable within the shank (body of 29 in Winkler), wherein: each of the claws (clamping jaws 66 in Winkler) has: a distal end; a respective first pivot axis relative to the piston (64); and a respective second pivot axis relative to the associated link; and each of the links has: a respective third pivot axis relative to the shank (first, second, and third connection point on toggle linkage, as can be seen from Figure 2 in Winkler). Therefore, 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 grasper in Schweizer to include a grasper having a plurality of links, shank, piston and pivot axis, as taught by Winkler, as a simple substitution of one known grasper for another, which would yield predictable results.
19. Regarding to claim 7, Schweizer modified by Winkler discloses the machining center of claim 1 having claws and links. However, the combination of Schweizer and Winkler does not explicitly disclose that the claws are made of polyoxymethylene (POM); and the links are made of aluminum alloy.
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 material of the claws and links to include a polyoxymethylene (POM) and aluminum allow material, as a simple substitution of one known material for another, which would yield predictable results.
Conclusion
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/NIRVANA DEONAUTH/ Primary Examiner, Art Unit 3726