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 .
DETAILED ACTION
Priority
The applicant’s priority to foreign application IT102021000028328 filed on November 8th, 2021 has been accepted.
Information Disclosure Statement
The Information Disclosure Statement filed on May 6th, 2024 has been considered by the examiner.
Claim Interpretation
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.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
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: “Movement apparatus,” “linear movement device,” “drive unit,” and “guiding device.” “Movement apparatus” is interpreted as an arm with support (p7, L12-13). “Linear movement device,” is interpreted as a slide rail (pg7 19-20). “Drive unit” is interpreted as a motor (pg10, L4-5). “Guiding device” is interpreted as a funnel-shaped duct.
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.
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 18-32 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 18 is rendered indefinite for reciting, “said apparatus.” There is no antecedent basis for this limitation in the claims. This claim will be interpreted as if it read “said movement apparatus.”
Claim 22 is rendered indefinite for reciting “the slot.” There is a destination slot and a plurality of slots. It is unclear which one is “the slot.” This claim will be interpreted as if it read “the destination slot.”
Claim 23 is rendered indefinite for reciting “the slot.” There is a destination slot and a plurality of slots. It is unclear which one is “the slot.” This claim will be interpreted as if it read “the destination slot.”
Claims 28-29 is rendered indefinite for reciting “it”. It is unclear what “it” refers to.
Claims 18-27 are rendered indefinite for reciting, “the unit according” There are multiple “units” throughout the claims. It is unclear which unit this is refereeing to. The claims will be interpreted as if they read “the transfer unit.”
Claims 30-32 are rejected by virtue of their dependencies.
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) 17-18, 20-24, 27-28, and 30 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ohno et al. (US 9871430).
With regards to claim 17, Ohno discloses, a transfer unit (alignment device 20) for transferring conductive elements (coil elements 40) which is configured to pick up a conductive element from a delivery station and to move the conductive element until at least one portion of interest of the conductive element is inserted into a specific destination slot (61) provided in a collection tool (body 50) that is provided with a plurality of slots arranged according to a predefined distribution (Abstract), wherein said transfer unit comprises: a first locking clamp (gripping device 230a), which is actuated by a movement apparatus (drive mechanism 250) and is configured to pick up and retain the conductive element (Col. 7, L31-35), a rotating arm (turntable 220) configured to move said first locking clamp about a main rotation axis at least between a first position, wherein said first locking clamp can be arranged proximate to the delivery station, and a second position, wherein said first locking clamp can be arranged proximate to the collection tool (Col. 7, L52-53), wherein said first locking clamp is mounted on a linear movement device (slide rails 222) which is configured to translate along a sliding direction, which lies on a plane perpendicular to said main rotation axis (Col. 8, L9-13).
With regards to claim 18, Ohno discloses all the elements of claim 17 as outlined above. Ohno further discloses wherein said movement apparatus comprises a first drive unit (table driving device 260), which is configured for a rotation of said rotating arm, and a second drive unit (drive mechanisms 250) independent of said first drive unit, which is configured for a translation of said linear movement device, which is slidably coupled to said rotating arm and rigidly supports said first locking clamp (Col. 8, L9-13).
With regards to claim 20, Ohno discloses all the elements of claim 17 as outlined above. Ohno further discloses wherein said first locking clamp comprises a pair of first jaws (claws 232g1 and 232g2) which can move with respect to each other between a first configuration, in which the first jaws are mutually spaced apart and a second configuration, in which said first jaws are mutually closer together in order to clamp the conductive element between said first jaws (Col. 10, L52-56).
With regards to claim 21, Ohno discloses all the elements of claim 20 as outlined above. Ohno further discloses wherein the conductive element is shaped like a fork comprising a first segment and a second segment which are connected by a transverse connecting bridge and are arranged substantially mutually parallel (Col. 1, L12-19), an inner profile of at least one of said first jaws, directed toward another one of said first jaws, having a recess (not labeled separately in Fig. 18A) that is adapted to define, in said second configuration, an accommodation compartment that is configured to accommodate with play the second segment of the conductive element, the first segment of the conductive element being firmly clamped between said first jaws (Fig. 18A;).
With regards to claim 22, Ohno discloses all the elements of claim 17 as outlined above. Ohno further discloses, further comprising a pusher (pushing down mechanism 310), which can be arranged detachably in an area above the collection tool, said pusher being configured to translate along a vertical axis in order to apply a pressure on the conductive element that was previously inserted into the destination slot and force said element into the destination slot (Col. 21, L33-38).
With regards to claim 23, Ohno discloses all the elements of claim 17 as outlined above. Ohno further discloses further comprising a guiding device (guiding device 340) which is configured to be arranged substantially along the sliding direction, when said rotating arm is arranged in said second position, said guiding device being configured to guide a conveyance of the conductive element into the slot of the collection tool (Col. 17, L23-27).
With regards to claim 24, Ohno discloses all the elements of claim 23 as outlined above. Ohno further discloses wherein said guiding device comprises a funnel-shaped through duct for receiving a segment of the conductive element (guiding portion 345 with tapered structure 345a).
With regards to claim 27, Ohno discloses all the elements of claim 17 as outlined above. Ohno further discloses wherein said main rotation axis is fixed (Col.7, L52-53).
With regards to claim 28, Ohno discloses a method for transferring conductive elements (Fig. 17) which comprises the following steps: a. gripping with a first locking clamp a conductive element supplied by a delivery station (molding device 270a; Col. 21, L1-23) b. translating the conductive element locked by the first locking clamp in order to move it away from the delivery station (Col. 23, L65-Col. 24, L2), c. rotating the conductive element locked by the first locking clamp about a rotation axis at least until a portion of interest thereof is aligned with a specific destination slot provided in a collection tool that is provided with a plurality of slots arranged according to a predefined distribution (Col. 24, L8-17) , d. translating the conductive element locked by the first locking clamp in order to move it progressively closer to the collection tool (Col. 24, L5-8), e. inserting at least one portion of the conductive element into the destination slot and releasing the element from the first locking clamp (Col. 7, L31-35), wherein said steps b. and d. of translation take place along a sliding direction that lies on a plane perpendicular to said rotation axis (Col. 8, L9-13).
With regards to claim 30. Ohno discloses all the elements of claim 28 as outlined above. Ohno further discloses, wherein the conductive element is shaped like a fork comprising two tines and a transverse connecting bridge (Col. 1, L12-19), said step a. consisting in gripping the conductive element at one of said tines (Col. 21, L33-38), to be inserted at least partially into a first destination slot (Col. 26, L31-39), said step d. entailing the conveyance, via a guiding device (340), of another one of said tines into a second destination slot, different from the first slot (Col. 17, L23-27).
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) 19, 29, and 32 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ohno.
With regards to claim 19, Ohno discloses all the elements of claim 18 as outlined above. Ohno does not disclose wherein said linear movement device is functionally associated with said second drive unit via a gear system of a rack-and-sprocket type.
However, the Examiner takes Official Notice that rack and sprocket type motor connections are known in the art and therefore it would be obvious to a person with ordinary skill in the art before the effective filing date of the invention to choose an appropriate connection mechanism based on cost and space constraints.
With regards to claim 29, Ohno discloses all the elements of claim 28 as outlined above. Ohno does not directly disclose wherein it consists, in a step a'. which precedes said step a., in translating the first locking clamp in order to move the first locking clamp closer to the delivery station, and wherein it consists, in a step e' which follows said step e., in translating the first locking clamp in order to move the first locking clamp away from the collection tool, and, in a step f. which follows said step e', in rotating the first locking clamp until the first locking clamp is aligned with the delivery station, so that a sequence of steps is a'., a., b., c., d., e., e'., f..
However, moving the first locking clamp closer to the delivery station is necessary to perform step a. In a similar manner moving the first locking clamp away from the collection tool and rotating the first clamp to be aligned with delivery station allows for a continuous process and is therefore rendered obvious to a person with ordinary skill in the art before the effective filing date of the invention in order to increase throughput.
With regards to claim 32, Ohno discloses all the elements of claim 28 as outlined above. Ohno does not directly disclose wherein the translation in said step d. toward the collection tool is perpendicular to the translation in said step b. away from the delivery station.
However, Ohno discloses a 10 degree rotation (Col. 24 L50-63). This is a simple rearrangement of parts (spacing out of components to be perpendicular to each other) and therefore is rendered obvious to a person with ordinary skill in the art before the effective filing date of the invention based on how much room is needed between components for ease of maintenance.
Allowable Subject Matter
Claims 25-26 and 31would be allowable once the 35 U.S.C 112 rejections are overcome and if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Claims 25 and 31 would be allowable for disclosing “wherein said guiding device comprises a supporting framework for a second locking clamp.”
Although Ohno discloses multiple gripping devices, there is no teaching or suggestion in the prior art that would render it obvious to a person with ordinary skill in the art before the effective filing date of the invention to add a second locking clamp on the guide device as recited.
Claim 26 would be allowable by virtue of its dependency.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JESSICA LYNN BURKMAN whose telephone number is (571)272-5824. The examiner can normally be reached M-Th 7:30am to 6:00pm EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Michael McCullough can be reached at (571)272-7805. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/J.L.B./Examiner, Art Unit 3653
/MICHAEL MCCULLOUGH/Supervisory Patent Examiner, Art Unit 3653