Detailed Action1
Election/Restriction
Claim 7 is withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to nonelected groups and species, there being no allowable generic or linking claim.
Applicant's election without traverse of Group I, claims 1-6 and 8-16, in the reply filed on August 7, 2025 is acknowledged.
America Invents Act Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
In the event the determination of the status of the application as subject to AIA 35 USC 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis 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.
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 is: a torque generation member in claim 1.
Because this claim limitation is being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it is being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof. Therefore, the torque generation member is interpreted as an elongated member having a solid cross section over a portion of its length, made from elastic/resilient material, and having a through hole extending orthogonally to the length direction, wherein the through hole has a diameter less than the outer diameter of the screw thread so that the screw thread deforms the torque generation member and the torque generation member applies pressure to the threads.
If applicant does not intend to have this limitation 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.
Rejections under 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.
Claims 1-16 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by JP-2013103303-A (“Nakatomi”).
Regarding claim 1, Nakatomi discloses a feed mechanism (fig. 1, para. [0001], wherein all references to the Nakatomi specification refer to the machine translation submitted herewith) comprising: a base (11); a movable body (12/13/16) (figs. 1 & 10, paras. [0029] & [0052]-[0053]); a feed screw (15) configured to move the movable body relative to the base (para. [0023]); and a torque generation member (16b) formed with a female thread that is threadedly engaged with the feed screw (figs. 5a-5d, paras. [0042]-[0046]), wherein one of the movable body and the base is formed with a housing hole (16a) extending in a direction orthogonal to the feed screw, and the torque generation member is housed in the housing hole (figs. 3 & 5, paras. [0022] & [0035]-[0036]). The examiner also notes that hole 18a of the base 11 can be interpreted as the housing hole since it extends vertically, i.e. orthogonal to the feed screw, and houses the nut 16 and the torque generation member 16b (figs. 1b & 6).
Regarding claim 2, Nakatomi further teaches one of the movable body and the base is formed with a female thread (i.e. thread of nut member 16) that is threadedly engaged with the feed screw (figs. 3-5, paras. [0030]-[0031]).
Claims 3 and 8 each recite the female thread is generated in the torque generation member by use of the feed screw. Nakatomi teaches the feed screw forming the female thread of the torque generation member 16b due to the resilient and elastic nature of the torque generation member (compare figs. 5c & 5d, paras. [0005] & [0042]-[0046]).
Regarding claims 4 and 9-10, Nakatomi further teaches the torque generation member has an approximately cylindrical shape (figs. 1b, 3b, 5, 9 & 10b, paras. [0039] & [0044], wherein the torque generation member 16b is an elongated member with a circular cross-section, i.e. cylindrical).
Claims 5 and 11-13 each recite the movable body is formed with the housing hole in which the torque generation member is housed, and the torque generation member is exposed on a surface of the movable body. Nakatomi teaches the housing hole 16a to be in element 16 of the movable body (figs. 3 & 5). Further, the torque generation member 16b is exposed on the inner circumferential surface of element 16 of the movable body in order to allow the torque generation member to engage with the feed screw (see figs. 5c & 5d).
Claims 6 and 14-16 each recite the base is formed with the housing hole in which the torque generation member is housed. As illustrated in figs. 1b & 6 of Nakatomi, the base 11 comprises a hole 18a extending vertically, i.e. orthogonal to the feed screw, that houses the nut 16 and the torque generation member 16b. Claims 6 and 14-16 also recite the movable body is formed with an access hole accessible to the torque generation member. When interpreting the housing hole as hole 18a of the base, the central threaded hole of the nut 16 is interpreted as the access hole as it allows the feed screw to engage with the torque generation member 16b (fig. 1b & 5d).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Kyle Cook whose telephone number is 571-272-2281. The examiner’s fax number is 571-273-3545. The examiner can normally be reached on Monday-Friday 9AM-5PM EST.
If attempts to reach the examiner by telephone are unsuccessful, please contact the examiner's supervisor Sunil Singh (571-272-3460). The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/KYLE A COOK/Primary Examiner, Art Unit 3726
1 The following conventions are used in this office action. All direct quotations from claims are presented in italics. All information within non-italicized parentheses and presented with claim language are from or refer to the cited prior art reference unless explicitly stated otherwise.