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.
Claim Rejections - 35 USC § 103
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 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.
Claims 1-6 are rejected under 35 U.S.C. 103 as being unpatentable over Tsuboi (JP H11208859 A) in view of Murillo (US 20100139519 A1).
Regarding claim 1: Tsuboi teaches a straight-curved guide device, comprising: a rail (10,11; Fig.1) including a straight part (10b'; Fig.1) and a curved part (10B; Fig.1); and a movable element being movable on the rail (20; Fig.1), the movable element including: a frame (21; Fig.1); a first swing portion (left 25,29; Fig.4), which is connected to the frame and is in contact with the rail (Figs. 2 and 4); and a second swing portion (right 25,29; Fig.4), which is connected to the frame in such a manner as to be spaced apart from the first swing portion in a longitudinal direction of the rail, and is in contact with the rail (shown in Figs.2 and 4), wherein the first swing portion and the second portion are configured to be pivotable about connecting portions to the frame in a plane including the longitudinal direction of the rail and a width direction of the rail (pivoting of 25 about shaft 26; Fig.4) , wherein each of the first swing portion and the second swing portion includes: an arm portion extending in the width direction of the rail (25; Fig.4); a first bearing portion arranged on one side of the arm portion when viewed from a center of the arm portion in a longitudinal direction of the arm portion (left 30,29; Fig.4); and a second bearing portion arranged on another side of the arm portion when viewed from the center of the arm portion in the longitudinal direction of the arm portion (right 30,29; Fig.4), wherein the first bearing portion includes: a first track member (left 30; Fig.4), which passes through the arm portion in a height direction of the rail, has an outer peripheral surface including a first raceway surface having a circular annular shape (see annotated Fig.4 below), and is fixed to the arm portion (fixed by nut at top of 30; Fig.4); a second track member (left 29; Fig.4), which has an inner peripheral surface including a second raceway surface having a circular annular shape being opposed to the first raceway surface (see annotated Fig.4 below), and has an outer peripheral surface including a first rail groove having a circular annular shape being in contact with the rail (29' in contact with 11; Fig.4); and a plurality of first rolling elements arranged in a first rolling passage having a circular annular shape defined by the first raceway surface and the second raceway surface (see annotated Fig.4 below), wherein the second bearing portion includes: a third track member (right 30; Fig.4), which passes through the arm portion in the height direction of the rail, has an outer peripheral surface including a third raceway surface having a circular annular shape (see annotated Fig.4 below), and is fixed to the arm portion (fixed by nut at top of 30; Fig.4); a fourth track member (right 29; Fig.4), which has an inner peripheral surface including a fourth raceway surface having a circular annular shape being opposed to the third raceway surface (see annotated Fig.4 below), and has an outer peripheral surface including a second rail groove having a circular annular shape being in contact with the rail (29' in contact with 11; Fig.4); and a plurality of second rolling elements arranged in a second rolling passage having a circular annular shape defined by the third raceway surface and the fourth raceway surface (see annotated Fig.4 below).
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Tsuboi does not teach wherein the straight-curved guide device further comprises an elastic member which is arranged across a space between the arm portion of the first swing portion and the arm portion of the second swing portion and is in a compressed state in which the elastic member is compressed in the longitudinal direction of the rail or in a stretched state in which the elastic member is stretched in the longitudinal direction of the rail.
However, Murillo teaches an elastic member (15, Fig.2) on a rail guide which is arranged across a space between two swing arm portions and is in a compressed state in which the elastic member is compressed in the longitudinal direction of the rail (Para.[0077] and 15; Fig.2). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the device of Tsuboi to include an elastic member as taught in Murillo that is in a compressed state to ensure adequate track member adherence to the rail to compensate for rail width differences with a reasonable expectation of success.
Regarding claim 2: Tsuboi in view of Murillo teaches the claimed invention except for wherein the elastic member comprises a plurality of elastic members arranged side by side in the width direction of the rail. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to utilize more than one elastic member, since it has been held that mere duplication of essential working parts of a device involves only routine skill in the art. In re Harza, 274 F.2d 669, 124 USPQ 378 (CCPA 1960). See MPEP § 2144.04(VI)(B).
Regarding claims 3 and 5: Tsuboi teaches the straight-curved guide device according to claim 1, wherein the arm portion of the first swing portion has a first arm side surface, which faces the second swing portion and extends in the width direction of the rail, wherein the arm portion of the second swing portion has a second arm side surface, which faces the first swing portion and extends in the width direction of the rail (apparent from Figs.2 and 4). Tsuboi does not teach wherein the arm portion of the first swing portion has a first hole, which opens on the first arm side surface and has a depth in the longitudinal direction of the rail, wherein the arm portion of the second swing portion has a second hole, which opens on the second arm side surface and has a depth in the longitudinal direction of the rail, and wherein the elastic member is arranged across the space between the first swing portion and the second swing portion so as to be received in the first hole and the second hole.
However, Murillo teaches wherein the arm portion of the first swing portion has a first hole, which opens on the first arm side surface and has a depth in the longitudinal direction of the rail (left pivot arm with hole receiving spring 15; Fig.2), wherein the arm portion of the second swing portion has a second hole, which opens on the second arm side surface and has a depth in the longitudinal direction of the rail (right pivot arm with hole receiving spring 15; Fig.2), and wherein the elastic member is arranged across the space between the first swing portion and the second swing portion so as to be received in the first hole and the second hole (Fig.2). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the device of Tsuboi with the elastic member received in holes as taught in Murillo to ensure adequate track member adherence to the rail to compensate for rail width differences and secure the elastic member in place during operations with a reasonable expectation of success.
Regarding claims 4 and 6: Tsuboi does not teach wherein the elastic member is a spring.
However, Murillo teaches an elastic member that is a spring (15; Fig.2). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the device of Tsuboi to include an elastic member that is a spring as taught in Murillo to ensure adequate track member adherence to the rail to compensate for rail width differences with a reasonable expectation of success.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HEAVEN BUFFINGTON whose telephone number is (703)756-1546. The examiner can normally be reached Monday-Friday 9:00am to 5:00pm ET.
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/HEAVEN R BUFFINGTON/Examiner, Art Unit 3615
/S. Joseph Morano/Supervisory Patent Examiner, Art Unit 3615
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