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 .
Remarks
The claims being considered in this application are those submitted on 05/28/2024. Claims 1-17 are pending.
Priority
The applicant’s claim to priority of DE10 2023 113 815.4 on 05/25/2023 is acknowledged.
Information Disclosure Statement
The information disclosure statements filed on 05/28/2024 and 10/08/2024 have been annotated and considered.
Specification
A substitute specification including the claims is required pursuant to 37 CFR 1.125(a) because certain parts of the specification/claims are difficult to read, such as the equations/table, due to the text being fuzzy/blurry. Additionally, the fonts/sizes for the different variables/equations throughout the specification should be consistent. In efforts to streamline, the examiner recommends submitting a substitute specification to avoid potential issues raised by the office of data management/publication branch if the application becomes allowable.
A substitute specification must not contain new matter. The substitute specification must be submitted with markings showing all the changes relative to the immediate prior version of the specification of record. The text of any added subject matter must be shown by underlining the added text. The text of any deleted matter must be shown by strike-through except that double brackets placed before and after the deleted characters may be used to show deletion of five or fewer consecutive characters. The text of any deleted subject matter must be shown by being placed within double brackets if strike-through cannot be easily perceived. An accompanying clean version (without markings) and a statement that the substitute specification contains no new matter must also be supplied. Numbering the paragraphs of the specification of record is not considered a change that must be shown.
The disclosure is objected to because of the following informalities: “From tis, the computer…” should read “From this,…” in ¶0056.
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.
Claim 1 recites “controlling the actuator by a first actuator control device that sends first control signals to the actuator” in lines 5-6, and recites “but also additional first gravity-compensating control signals are sent from the actuator control device to the actuator” in lines 17-19. The term “additional” renders this claim unclear as to whether there are “first gravity-compensating control signals” being sent twice, or if lines 17-19 are referring to the same instance of first gravity-compensating control signals being sent. The examiner believes that these are referring to the same instance, and if so, suggests amending to refer to “the” first gravity-compensating control signals, such as by stating “…but also the first gravity-compensating control signals….
Additionally, lines 16-17 recite “not only gravity-compensating second control signals…”. This should recite “the” gravity-compensating second control signals in order to make the language clear.
Independent Claims 1 and 12 are indefinite for these reasons, and thereby the dependent Claims 2-11 and 13-17 are rejected by dependency of indefinite parent claims.
Claim 4 recites “the optimum distribution” in line 1. However, Claim 3, from which it depends on, recites “the distribution” in line 3. Claim 5 which depends on claim 4 also refers to “the distribution”.
It is believed that the distribution of Claim 3 is different than the optimum distribution of Claim 4. In order to make the language clear and to avoid lacking antecedent basis, the examiner recommends reciting “a distribution” and “an optimum distribution” in claims 3 and 4 respectively, as they are the first instances of the terms; or clarifying if they are the same distribution by using consistent language (re: “distribution” versus “optimum distribution”)
Claims 3-5 and 15-17 are indefinite for these reasons.
Claims 7-8 respectively recite the equations:
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The variables of these equations are not defined within the claims, and thus, there is insufficient antecedent basis for these equations/limitations in the claims, making the claims indefinite. All variables should be defined in the claim to overcome this rejection.
Allowable Subject Matter
Regarding Claims 1-17, If all outstanding 112(b) rejections are overcome, then Claims 1-17 would be allowable over the prior art.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Stommen et. al. (US 20060259165 A1)
Nakamoto (US 20170182661 A1)
Takebayashi et. al. (US 20170348859 A1)
Xu et. al. (CN 116142495 A - Translation Attached)
Motonaga et. al. (WO 2020039508 A1 – Translation Attached)
Weidmann et. al. (DE 102015206121 B3 – Translation Attached)
Nishida (JP 2000271887 A – Translation Attached)
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KAYLA RENEE DOROS whose telephone number is (703)756-1415. The examiner can normally be reached Generally: M-F (8-5) EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Abby Lin can be reached on (571) 270-3976. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/K.R.D./Examiner, Art Unit 3657
/ABBY LIN/Supervisory Patent Examiner, Art Unit 3657