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.
Claim limitation “light signalling means” and “audible signalling means" has/have been interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because it uses/they use a generic placeholder “means” coupled with functional language “moving” and “maneuvering" without reciting sufficient structure to achieve the function.
Since the claim limitation(s) invokes 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, claims 1, 3, 4, 6, 8, and 10-15 have been interpreted to cover the corresponding structure described in the specification that achieves the claimed function, and equivalents thereof.
A review of the specification shows that the following appears to be the corresponding structure described in the specification for the 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph limitation: LEDs is corresponding structure for light signalling means and a buzzer or speaker is corresponding structure for audible signalling means, as described in the specification.
Claim objections
Claim 1, line 1 “device” should be changed to -a device-.
Claim 1, line 2 and line 3, “it” lacks antecedent basis.
Claim 1, line 2, “the operation” lacks antecedent basis.
Claim 1, line 5, it is not clear whether this phrase “suitable to be pressed”, modifies the actuation element or the actuation axis.
Claim 1, line 7, “said operation element” lacks antecedent basis.
Claim 5, line 2, “the drive element” lacks antecedent basis.
Claim 6, “the properties” in line 2 and “the state” in line 3 lacks antecedent basis.
Claim 7, line 2, “the flashing frequency”, “the colour”, and “the light intensity” lacks antecedent basis.
Claim 13, line 1, “the digital type” lacks antecedent basis.
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 1-15 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Boekhoff (EP3267456B1)
Regarding claim 1, Boekhoff teaches a device for the emergency stop of a machine or industrial plant comprising: - an emergency button 11 designed to undergo to a rest state (11.I ) wherein it allows the operation of said machine or industrial plant and an operated state (11.II) wherein it stops or does not allow the operation of said machine or industrial plant (paragraph 144 of the enclosed translation), and having an actuation element 36 defining an actuation axis along which it is suitable to be pressed and designed to actuate a switching member 63 suitable to be connected to an external circuit of said machine or industrial plant; -a rigid protection element 13 close to said operation element, see paragraph 296-300 of the enclosed translation); light signalling means 41 designed to generate a light signal and associated with said protection element (the transparent section of the protection element receives the LED lights, see paragraph 134 of the enclosed translation); wherein said protection element comprises at least one signalling portion at least partially transparent or translucent with respect to said light signal (see Figs. 11-20 and paragraph 309 of the enclosed translation).
Regarding claim 2, Boekhoff teaches the device comprising a case (14, 62) provided with a wall 62 which said actuation element 36 is fixed to (Fig. 19).
Regarding claim 3, Boekhoff teaches the device wherein said case (14, 62) also comprises said protection element 13 and contains said light signalling means 41 and said switching member 63 (Fig. 13).
Regarding claim 4, Boekhoff teaches the device wherein said protection element 13 is fixed or made as one piece with said wall 62 and wherein said light signalling means 41 are contained inside said case (Fig. 13).
Regarding claim 5, Boekhoff teaches the device wherein said protection element 13 develops substantially parallel to said actuation axis (button actuation path), overlapping at least partially with the drive element 36 along at least one radial direction having a point of said actuation axis as the center (the ring shape of the protective element concentrically arranged around the button 11 and extends substantially parallel actuation axis and radially overlapping the actuation element, see Fig. 13).
Regarding claim 6, Boekhoff teaches the device comprising a power supply and control circuit of said light signalling means 41 (the electronic unit 24 supplies power and controls the LED 41) designed, or adapted to be designed, to modify the properties of said light signal as a function of the state of said emergency button 11 or of the machine (paragraphs 141-143 of the enclosed translation).
Regarding claim 7, Boekhoff teaches the device wherein said properties of said light signal are selected from a group comprising the flashing frequency, the colour and the light intensity of said light signal (paragraph 139 of the enclosed translation).
Regarding claim 8, Boekhoff teaches the device wherein said protection element 13 is made in one piece with said wall 62 and said light signalling means 41 are contained inside said case 14 (Fig. 13).
Regarding claim 9, Boekhoff teaches the device wherein said wall 62 is also transparent or translucent with respect to said light signal (the plate 62 has openings that allow the light guide 40 to transmit light though it, see Figs. 19-20).
Regarding claim 10, Boekhoff teaches the device wherein said light signalling means 41 are contained inside said case 14 and said protection element 13 is fixed to said wall 62 at an opening made on said wall and aligned with said light signalling means (the protective element 13 is fixed on the button 11, which is fixed to the openings of the wall 62, see Fig. 13).
Regarding claim 11, Boekhoff teaches the device wherein said protection element 13 is fixed to said wall 62 and said light signalling means 41 are integrated into said protection element (when all the components are assembled together, they are integrated into a single structure, see Fig. 20).
Regarding claim 12, Boekhoff teaches the device wherein said power supply and control circuit 24 comprises at least two different portions (20, 21, 22), each of which, when powered, is suitable to cause said light signalling means to generate a respective light signal with respective properties (each processing units 20-22 controls the LEDs 41, and each unit drive different light behavior such as color, see paragraphs 140-142 of the enclosed translation); and one or more auxiliary switching members each of which is associated with the actuation element to be actuated thereby (when the button 11 is pressed, it actuates switch 63, which generates first and second actuation signals “auxiliary switching members”, see paragraph 144 of the enclosed translation) and is designed to be connected to a power source and to one of said two different portions to power it or not depending on the state of said emergency button (the first and second actuation signals are detected by the processing units 20, 21, and these signals cause the processing units to be activated or powered depending the state, see paragraphs 141-149 of the enclosed translation).
Regarding claim 13, Boekhoff teaches the device wherein said power supply and control circuit 24 is of the digital type and comprises a sensor 63 of the state of said emergency button and an electronic control unit connected to said sensor and to said light signalling means 41 designed to control the operation thereof as a function of the state of said emergency button (paragraphs 139-149 of the enclosed translation).
Regarding claim 14, Boekhoff teaches the device also comprising audible signalling means 23 arranged inside said case 14 and connected to said power supply and control circuit 24 to generate an audible signal, wherein said power supply and control circuit is designed, or adapted to be designed, also to modify the properties of said audible signal as a function of the state of said emergency button (paragraphs 134, 135, 167, 175 of the enclosed translation).
Regarding claim 15, Boekhoff teaches the device comprising an electronic control unit 24 connected to said light signalling means 41 and suitable to be connected to an external device (fire alarms, door state) to receive an external signal (fire alarms signals) and to modify the properties of said light signal as a function of said external signal (the electronic unit 24 is connected to LEDs 41, and it receives external signals such as fire alarms signals, and this modify the light signal properties, see paragraphs 132-136 of the enclosed translation).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. GÖKHAN, MESUT, MARTIN and SSIEMENS each teach a similar protective cover for an emergency stop switch.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to AHMED M SAEED whose telephone number is (571)270-7976. The examiner can normally be reached 10-8pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Renee Luebke can be reached at 571-272-2009. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/AHMED M SAEED/Primary Examiner, Art Unit 2831
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