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 Objections
Claim 10 is objected to because of the following informalities:
Claim 10 – “wherien” should be “wherein”
Appropriate correction is required.
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.
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:
“target load portion” of claim 1. “The target load portion 240 includes a pressing flat surface portion 207 arranged opposite the push-pull force generating portion 230, and an opening flat surface portion 201 arranged on an opposite side of the pressing flat surface portion 207 and having an opening 201a into which the push-pull force generating portion 230 is inserted.” [Application Publication; paragraph 0085]. For the purpose of examination, the examiner will consider the “target load portion” to comprise a pressing flat surface portion arranged opposite the push-pull force generating portion, an opening surface portion, and an opening into which the push-pull force generating portion is inserted, and equivalents thereof of each member alone or in combination.
“push-pull generating portion” of claim 1. “the push-pull force generating portion 230 includes a pressing member 202 connected to the piston rod 165, and a pull-up member 203 fixed to the pressing member 202.” [Application Publication; paragraph 0085]. For the purpose of examination, the examiner will consider this to be a pressing member connected/connectable to a piston rod, and a pull-up member fixed to the pressing member, and equivalents thereof of each member alone or in combination.
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 § 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.
Claim(s) 1-3 and 8 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Leonard (US-2,639,172).
Regarding claim 1, Leonard (US-2,639,172) discloses a free joint structure comprising:
a push-pull force generating portion (plug 9, plunger 6, diaphragm 14, and support 16) configured to generate a push-pull force (up and down stroke) (Fig. 1); and
a target load portion (crosshead 4, including bottom 13, and support 15) coupled to the push-pull force generating portion (9, 6, 14) (Fig. 1) and to which the push-pull force from the push-pull force generating portion is applied (Fig. 1), and
wherein the push-pull force generating portion (plug 9, plunger 6, diaphragm 14, and support 16) is configured to apply a push force to the target load portion by making point contact with the target load portion (crosshead 4, including bottom 13, and support 15) and to apply a pull force to the target load portion by making surface contact with the target load portion (considered capable of the function because it possess all the claimed structure and this would occur depending on how much force is applied).
Regarding claim 2, Leonard discloses the free joint structure according to claim 1, wherein the free joint structure has an axial gap (between surfaces 12 and 13 as seen in Figure 1) and a radial gap (gap between surfaces 10 and 11) formed between the push-pull force generating portion and the target load portion (Fig. 1).
Regarding claim 3, Leonard discloses the free joint structure according to claim 2, wherein the free joint structure comprises a shim (the spacer between rod 5 and crosshead 4) configured to adjust a size of the axial gap (Fig. 1).
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Regarding claim 8, Leonard discloses a push-pull device comprising: a free joint structure as described in claim 1; and an air bearing cylinder (pump cylinder 3, wherein “air bearing cylinder” merely requires a cylinder meant for an air bearing as opposed to an “air bearing” and “an air bearing cylinder”) coupled to the free joint structure (Fig. 1).
Allowable Subject Matter
Claim 4, and those depending therefrom including claims 5-7, 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.
The following is a statement of reasons for the indication of allowable subject matter:
Regarding claim 4, Leonard discloses the free joint structure according to claim 1, wherein the target load portion (crosshead 4, including bottom 13, and support 15) comprises:
a pressing flat surface portion (13) arranged opposite to the push-pull force generating portion (specifically plug 9) (Fig. 1); and
an opening flat surface portion (support 15) arranged on an opposite side of the pressing flat surface portion (13) and having an opening into which the push-pull force generating portion (specifically plug 9) is inserted (Fig. 1), but fails to anticipate or render obvious wherein the push-pull force generating portion comprises:
a spherical portion configured to make point contact with the pressing flat surface portion; and
a flat surface flange portion configured to make surface contact with the opening flat surface portion.
The other prior art of record fails to anticipate or render obvious, in combination with all other claim limitations, “a spherical portion configured to make point contact with the pressing flat surface portion; and a flat surface flange portion configured to make surface contact with the opening flat surface portion.”
Claim 9, and those claims depending therefrom including claims 10-11, 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.
The following is a statement of reasons for the indication of allowable subject matter:
The prior art fails to anticipate or render obvious, in combination with all other claim limitations, “a processing member connected to the shaft and configured to process a substrate or a polishing pad.”
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US-6572462, US-6352466, US-6145849, US-6116990, US-6110025, US-5899798, US-5670011, US-5476414, US-5377451, US-20190351526, JP7023592, and CN107816489A are pertinent to claim 1.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOEL DILLON CRANDALL whose telephone number is (571)270-5947. The examiner can normally be reached Mon - Fri 8:30 - 5:30.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Monica Carter can be reached at 571-270-5947. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JOEL D CRANDALL/Examiner, Art Unit 3723
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