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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the actuating mechanism and controller must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
The abstract of the disclosure is objected to because the semicolons should be replaced by commas. A corrected abstract of the disclosure is required and must be presented on a separate sheet, apart from any other text. See MPEP § 608.01(b).
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: actuating mechanism (“An upper end 140 of the nozzle 100 can be attached or otherwise connected to an actuating mechanism (not shown), such as an automated or robotic arm.”) in Claim 27.
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 § 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)(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) 1-28 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Mukasa (US 6305729).
Claim 1: nozzle (31) for picking up and dispensing an object, the nozzle comprising:
a body (41) defining a central bore and terminating in an aperture (42) configured to receive the object; and
a collar (40/44/46) substantially surrounding the body, wherein the body is moveable between a retracted position and an extended position with respect to at least a portion of the collar;
wherein, in the retracted position (FIG. 3), the collar extends beyond the aperture by a first distance in a direction of a main longitudinal axis of the body;
in the extended position (FIG. 8), the collar extends beyond the aperture by a second distance in the direction of the main longitudinal axis of the body;
the first distance is greater than the second distance (FIG. 3/8);
Claim 2: wherein the body is telescopically connected to the collar (FIG. 2);
Claim 3: wherein the nozzle is configured to pick up and dispense the object, the object having a maximum dimension of 1 mm (intended use; MPEP 2115);
Claim 4: wherein the central bore is configured to be connected to a pressure source (FIG. 2; col. 9, lines 34-50);
Claim 5: wherein the pressure source is configured to apply a negative pressure or a positive pressure to the aperture (FIG. 2; col. 9, lines 34-50);
Claim 6: wherein the nozzle is biased into the retracted position by a biasing element, and the biasing element comprises a spring, a coil spring, or a resiliently deformable material (FIG. 2);
Claim 7: wherein the body and the collar are substantially annular (FIG. 2);
Claim 8: wherein the collar comprises an upper collar portion and a lower collar portion (FIG. 2);
Claim 9: wherein the upper collar portion and the lower collar portion are longitudinally separated by a coil spring (FIG. 2);
Claim 10: wherein the upper collar portion is configured to move together with the nozzle body, and the lower collar portion is configured to be moveable with respect to the nozzle body (FIG. 2);
Claim 11: wherein the lower collar portion terminates in a tapered end (FIG. 3);
Claim 12: wherein the lower collar portion terminates in a substantially flat end wall (FIG. 2);
Claim 13: wherein the aperture defines a surface facing outward or a set of surfaces adapted to receive the object (FIG. 2; intended use; MPEP 2115);
Claim 14: wherein the object comprises a gemstone, optionally a cut gemstone (intended use; MPEP 2115);
Claim 15: wherein the surface defined by the aperture has a substantially v-shaped cross section, or an angle of the v-shaped cross section matches an angle between outer surfaces of the gemstone (FIG. 3);
Claim 16: a nozzle (31);
an automated arm (FIG. 1) to which the nozzle is attached;
a controller (FIG. 13 and disclosed “automatic(ally)” imply this) configured to actuate the automated arm and/or the nozzle; and
a pressure source (FIG. 2; col. 9, lines 34-50) of a negative pressure and/or a positive pressure, wherein:
the nozzle comprises:
a body (41) defining a central bore and terminating in an aperture (42) configured to receive an object; and
a collar (40/44/46) substantially surrounding the body, wherein the body is moveable between a retracted position (FIG. 3) and an extended position (FIG. 8) with respect to at least a portion of the collar;
wherein,
in the retracted position, the collar extends beyond the aperture by a first distance in a direction of a main longitudinal axis of the body (FIG. 3/8-9);
in the extended position, the collar extends beyond the aperture by a second distance in the direction of the main longitudinal axis of the body (FIG. 3/8-9); and
the first distance is greater than the second distance (FIG. 3/8-9);
Claim 17: a dispensing surface (FIG. 1) configured to receive one or more objects dispensed by the nozzle (intended use; MPEP 2115);
Claim 18: a collection area (FIG. 1) configured to hold one or more objects to be picked up by the nozzle (intended use; MPEP 2115);
Claim 19: method of dispensing objects (col. 9, lines 34-50; FIG. 1-10), the method comprising:
providing a nozzle (31) comprising a body, the body (41) defining a central bore and terminating in an aperture (42), the body substantially surrounded by a collar (40/44/46) and moveable between a retracted position (FIG. 3) and an extended position (FIG. 8) with respect to at least a portion of the collar (FIG. 3/8);
wherein: in the retracted position, the collar extends beyond the aperture by a first distance; in the extended position, the collar extends beyond the aperture by a second distance;
the first distance is greater than the second distance; and
the aperture is surrounded by the collar in the retracted position and the extended position;
receiving an object to be dispensed on the aperture (FIG. 5);
applying a negative pressure to the central bore to hold the object on the aperture;
with the nozzle in the retracted position, bringing the collar into contact with a surface of the aperture onto which the object is to be dispensed (FIG. 6-8);
actuating the nozzle into the extended position (FIG. 8);
applying a positive pressure to the aperture to dispense the object onto the surface (column 9, lines 34-50); and
actuating the nozzle into the retracted position (FIG. 3/8-9);
Claim 20: connecting the central bore to a pressure source to apply the negative pressure or the positive pressure to the aperture (FIG. 2; col. 9, lines 34-50);
Claim 21: biasing the nozzle into the retracted position (FIG. 2; col. 9, lines 34-50);
Claim 22: moving an upper collar portion of the collar together with the body, and moving a lower collar portion of the collar with respect to the body (FIG. 2; col. 9, lines 34-50);
Claim 23: controlling a final location of the object upon the surface according to an internal diameter of a tapered end of the collar (FIG. 9);
Claim 24: wherein bringing the collar into contact with a surface of the aperture onto which the object is to be dispensed with the nozzle in the retracted position, and actuating the nozzle into the extended position, comprises maintaining a vertical gap between the object and the surface (at least FIG. 4; col. 9, lines 34-50; electrostatic forces may also come into play; actuating the nozzle occurs at least at an instant in time therein);
Claim 25: wherein applying the positive pressure to the aperture to dispense the object onto the surface comprises stopping applying the positive pressure prior to actuating the nozzle into the retracted position (col. 9, lines 31-50; stopping applying the positive pressure occurs at least at an instant in time therein; electrostatic forces may also come into play);
Claim 26: orienting the object prior to receiving the object on the aperture; and maintaining the object in the same orientation while dispensing the object onto the surface (FIG. 3-9);
Claim 27: attaching the nozzle to an actuating mechanism; and controlling the actuating mechanism to move the nozzle from a collection location at which the object is received to a dispensing location at which the object is dispensed onto the surface (FIG. 1);
Claim 28: surrounding the object with the collar while applying the positive pressure (col. 9, lines 34-50).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US 2002/0056190 discloses nozzle 32.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Gerald McClain whose telephone number is (571)272-7803. The examiner can normally be reached Monday through Friday from 8:30 a.m. to 5:00 p.m. and at gerald.mcclain@uspto.gov (see MPEP 502.03 (II)).
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Saul Rodriguez can be reached at (571) 272-7097. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Gerald McClain/Primary Examiner, Art Unit 3652