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 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:
“operating substance connection configured to supply” in claim 3 [no corresponding structure is provided; see pg. 12 paragraphs 3-4];
“clamping mechanism for temporarily fixing” in claim 6 [no corresponding structure is provided]; and
“limitation element configured to protect” in claim 9 [corresponding structure is a stop].
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 3, 6-10, 12 and 15-16 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.
With regards to claim 3, the claim limitation “operating substance connection configured to supply” invokes 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. However, the written description fails to disclose the corresponding structure, material, or acts for performing the entire claimed function and to clearly link the structure, material, or acts to the function. While paragraphs 4 and 5 on page 12 recite that the operating substance connection can be a water connection or an air connection, the specification is absent of any structure of what is encompassed within the connection. Therefore, the claim is indefinite and is rejected under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph.
Applicant may:
(a) Amend the claim so that the claim limitation will no longer be interpreted as a limitation under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph;
(b) Amend the written description of the specification such that it expressly recites what structure, material, or acts perform the entire claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(c) Amend the written description of the specification such that it clearly links the structure, material, or acts disclosed therein to the function recited in the claim, without introducing any new matter (35 U.S.C. 132(a)).
If applicant is of the opinion that the written description of the specification already implicitly or inherently discloses the corresponding structure, material, or acts and clearly links them to the function so that one of ordinary skill in the art would recognize what structure, material, or acts perform the claimed function, applicant should clarify the record by either:
(a) Amending the written description of the specification such that it expressly recites the corresponding structure, material, or acts for performing the claimed function and clearly links or associates the structure, material, or acts to the claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(b) Stating on the record what the corresponding structure, material, or acts, which are implicitly or inherently set forth in the written description of the specification, perform the claimed function. For more information, see 37 CFR 1.75(d) and MPEP §§ 608.01(o) and 2181.
With regards to claim 6, the claim limitation “clamping mechanism for temporarily fixing” invokes 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. However, the written description fails to disclose the corresponding structure, material, or acts for performing the entire claimed function and to clearly link the structure, material, or acts to the function. The specification is absent to any disclosure that sets forth what structure is encompassed within the claimed clamping mechanism and the figures fail to illustrate the clamping mechanism . Therefore, the claim is indefinite and is rejected under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph.
Applicant may:
(a) Amend the claim so that the claim limitation will no longer be interpreted as a limitation under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph;
(b) Amend the written description of the specification such that it expressly recites what structure, material, or acts perform the entire claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(c) Amend the written description of the specification such that it clearly links the structure, material, or acts disclosed therein to the function recited in the claim, without introducing any new matter (35 U.S.C. 132(a)).
If applicant is of the opinion that the written description of the specification already implicitly or inherently discloses the corresponding structure, material, or acts and clearly links them to the function so that one of ordinary skill in the art would recognize what structure, material, or acts perform the claimed function, applicant should clarify the record by either:
(a) Amending the written description of the specification such that it expressly recites the corresponding structure, material, or acts for performing the claimed function and clearly links or associates the structure, material, or acts to the claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(b) Stating on the record what the corresponding structure, material, or acts, which are implicitly or inherently set forth in the written description of the specification, perform the claimed function. For more information, see 37 CFR 1.75(d) and MPEP §§ 608.01(o) and 2181.
With regards to claim 7, there appears to be insufficient antecedent basis for thee limitation “the bottom” found in line 2. Additionally the limitation “at the bottom in the base” renders the claim indefinite since it is not clear as to the bottom of what element is the limitation referring to. Clarification and/or correction is required.
With regards to claim 12, the claim states “wherein two receiving modules for receiving the stands”, it is unclear if this limitation is intending to further define the two or more receiving modules set forth in claim 1 or if the limitation is in addition to the two or more receiving modules of claim 1. Clarification and/or correction is required.
With regards to claim 15, the claim states “a stand” it is unclear if this stand is a stand from the two or more stands set forth in claim 1 or if the stand is in addition to the two or more stands of claim 1. Clarification and/or correction is required.
The claim states “wherein a stand is received in each of the receiving modules”, this renders the claim indefinite since the wherein clause appears to be further reciting an element, i.e. a stand, that has not been positively recited within the claim. Specifically, claim 1 sets forth two or more stands within an intended use recitation which is not required structure of the claimed stand base, therefore the stand is not positively recited within the claim are a structural element of the stand base.
With regards to claim 16, the claim states “each of the receiving modules is mounted at the bottom on the base frame” this renders the claim indefinite since it is not clear as to the bottom of what element is the limitation referring to.
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) 1-2, 4-6 and 11-16 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Yang et al (CN 111744941A).
In reference to claim 1, Yang et al discloses a stand base (1) for two or more stands of a rolling mill arranged one behind the other in a rolling direction of a material to be rolled, wherein the stands (28) each comprise more than four side surfaces which together gorm a periphery of the stand when viewed from the rolling direction, the stand base comprising
two or more receiving modules (4, 401-404) mounted individually in base, each the receiving modules configured to receive one of the stands through a lateral opening such that the receiving module covers four of the side surfaces and more than half the periphery of the stand [see last paragraph on pg. 5],
a protective flap (8) on the side of the lateral opening between all the receiving modules arranged adjacently one behind the other, the protective flap configured to protect an intermediate space between the adjacent receiving modules from rods escaping from the intermediate space or from escaping water, and to protect against people reaching into the intermediate space [see 2nd and 3rd paragraphs on pg. 6; figures 1, 19].
In reference to claim 2, wherein the receiving modules are mounted in the base by way of a common lower base (101), as seen in figure 1.
In reference to claim 4, each of the receiving modules (4) comprises a retainer (circular opening in side surface of module 4) for an electrical or hydraulic remove adjustment means of the stand [see figure 7; it is noted that the structure within the “for” limitation is not required structure but rather an intended use recitation].
In reference to claim 5, each of the receiving modules comprises a retainer (circular opening is side surface of module 4) for an electrical or hydraulic adjustment means of a roller guide attached to the stand [see figure 7; it is noted that the structure within the “for” limitation is not required structure but rather an intended use recitation].
In reference to claim 6, as best understood, each of the receiving modules (4) is provided with a clamping mechanism (20) for temporarily fixing a stand in the receiving module [see last paragraph on pg. 4].
In reference to claim 11, each receiving module (4) comprises a longitudinal drive (motor and rod) having a gripper device such that the stand can be pushed into the receiving module and out of the receiving module through the lateral opening [see 2nd paragraph on pg. 7].
In reference to claim 12, as best understood, two receiving modules for receiving the stands (28) in two different arrangements are arranged alternately behind one another, as seen in figure 17.
In reference to claim 13, the protective flap (8) is configured to be hydraulically (via cylinder 5) pivotable [see 3rd paragraph on pg. 6; figure 1].
In reference to claim 14, the protective flap (8) comprises a closable opening configured to enable access to the intermediate space, as seen in figures 15 & 16].
In reference to claim 15, Yang further discloses a stand (28) is received in each of the receiving modules.
In reference to claim 16, each of the receiving modules (4) is mounted at the bottom on the base frame, as seen in figure 1.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Debra Sullivan whose telephone number is (571)272-1904. The examiner can normally be reached Monday-Friday 8am-4:30pm EST.
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/Debra M Sullivan/
Primary Examiner, Art Unit 3725
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