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 .
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.
Claims 1-20 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 1 recites “for another member” in lines 6 and 9. It is unclear if the another member of line 6 is the same member as that of line 9 or if they are two separate “another” members.
Claim 3 recites “another member”. It is unclear if the another member for claim 3 is the same as those of claim 1 or if they are new and separate elements.
Claims 8 and 16 recite “a first flat plate portion extending in the longitudinal direction and having a rectangular shape as viewed in a thickness direction” and “the first flat plate portion includes a first thick-walled portion protruding in the thickness direction from the first surface and a second thick-walled portion protruding in the thickness direction from the second surface”. The term “thick-walled” is a relative term which renders the claim indefinite. The term “thick-walled” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. It is unclear how thick the wall must be to be considered “thick-walled”. Furthermore, the term “thick-walled” is likely an attempt to distinguish a portion of the first plate from another portion of the first plate which is thinner. If this is the case, then it contradicts the limitation that recites the first flat plate portion is “flat” and “rectangular shaped” since a first plate with varying thicknesses can be neither flat nor rectangular shaped.
Claims 9 and 17 recite “a first sidewall portion extending in the longitudinal direction and having a rectangular shape as viewed in a thickness direction” and “the first sidewall portion includes a first protruding portion which protrudes outward”. It is unclear how the first sidewall portion can be “a rectangular shape” while also having “a first protruding portion which protrudes outward”. Of the first sidewall has a protruding portion, then it cannot also be rectangular shaped. This also applies to the second, third and fourth sidewalls which have second, third and fourth protrusions respectively.
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.
Claims 1-6, 12-14 and 20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Oozono JP H08-261234.
Re clm 1, Oozono discloses a linear motion guide unit (Fig. 2 and 15) comprising: a track rail (2, Fig. 1 and 15) having a first rail raceway surface (one of 4A-4D, such as 4A) and a second rail raceway surface (another of 4A-4D, such as 4B) each extending in a longitudinal direction; a first slider (for example, 1B) relatively movably attached to the track rail, the first slider having a first slider raceway surface facing the first rail raceway surface and a planar first mounting surface (top surface of 1B facing away from rail 2) provided with a first mounting hole (19) for another member to be mounted; a second slider (for example, 1A) relatively movably attached to the track rail, the second slider having a second slider raceway surface facing the second rail raceway surface and a planar second mounting surface (top surface of 1A facing away from rail 2) provided with a second mounting hole (19) for another member to be mounted; a plurality of first rolling elements ([0017]; Fig. 16 and 17) rolling on a first load-carrying race composed of the first rail raceway surface and the first slider raceway surface; and a plurality of second rolling elements ([0017]) rolling on a second load-carrying race composed of the second rail raceway surface and the second slider raceway surface; the first slider being provided spaced apart from the second slider as viewed in the longitudinal direction, the second mounting surface being inclined (by 90, 180 and 270 degrees respectively for 1A, 1B, 1C and 1D) with respect to the first mounting surface as viewed in the longitudinal direction.
Re clm 2, Oozono further discloses an angle of inclination of the second mounting surface with respect to the first mounting surface is 90 degrees (shown in Fig. 2).
Re clm 3 and 13, Oozono further discloses the track rail further has a third rail raceway surface (yet another of 4A-4B, such as 4C) extending in the longitudinal direction, the linear motion guide unit further includes a third slider (1D) relatively movably attached to the track rail, the third slider having a third slider raceway surface facing the third rail raceway surface and a planar third mounting surface (top surface of 1D) provided with a third mounting hole (19) for another member to be mounted, and a plurality of third rolling elements ([0017]) rolling on a third load-carrying race composed of the third rail raceway surface and the third slider raceway surface, the third slider is provided spaced apart from each of the first slider and the second slider as viewed in the longitudinal direction (as shown in Fig. 2), and the third mounting surface is inclined with respect to at least one of the first mounting surface and the second mounting surface as viewed in the longitudinal direction (1D is 90 to 1A and 1C).
Re clm 4, Oozono further discloses the third mounting surface is parallel to the first mounting surface as viewed in the longitudinal direction (1D is parallel to 1B).
Re clm 5 and 14, Oozono further discloses the track rail further has a fourth rail raceway surface (for example, 4D) extending in the longitudinal direction, the linear motion guide unit further includes a fourth slider (1C; four sliders shown in Fig. 2 and 12) relatively movably attached to the track rail, the fourth slider having a fourth slider raceway surface facing the fourth rail raceway surface and a planar fourth mounting surface (top of 1C, Fig. 2) provided with a fourth mounting hole (19) for another member to be mounted, and a plurality of fourth rolling elements ([0017]; Fig. 16 and 17) rolling on a fourth load-carrying race composed of the fourth rail raceway surface and the fourth slider raceway surface, the fourth slider is provided spaced apart from each of the first slider, the second slider, and the third slider as viewed in the longitudinal direction (shown in Fig. 2), and the fourth mounting surface is inclined with respect to at least one of the first mounting surface, the second mounting surface, and the third mounting surface as viewed in the longitudinal direction (1C is inclined with respect to 1B and 1D).
Re clm 6, Oozono further discloses the fourth mounting surface is parallel to the second mounting surface as viewed in the longitudinal direction (shown in Fig. 2; top of 1C is parallel to top of 1A).
Re clm 12 and 20, Oozono further discloses at least one of the first rolling elements and the second rolling elements are balls (Fig. 5, 16 and 17; [0017]).
Allowable Subject Matter
Claims 7, 10-11, 15 and 18-19 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Claims 8-9 and 16-17 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Oozono JP H08-261234 is the closest prior art reference. None of the prior art discloses the specific rail shape and raceway locations on that rail shape. There would be no motivation to modify any of the prior art references to arrive at the claim limitations without impermissible hindsight reconstruction.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALAN B WAITS whose telephone number is (571)270-3664. The examiner can normally be reached Monday-Thursday from 6-4 EST.
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/ALAN B WAITS/Primary Examiner, Art Unit 3617