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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on November 1, 2024 was filed in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Drawings
The drawings filed September 6, 2024 are accepted.
Abstract
The Abstract filed September 6, 2024 is accepted.
Specification
The specification filed July 21, 2023 has been entered.
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 1 – 4 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 respect to claims 1 and 4, the claims recites the phrase “an air bearing configured to enable a stylus to be brought into contact with a measurement object to move” is considered indefinite because it is unclear whether “to move” modifies the stylus, the measurement object, or the relative movement between the stylus and the measurement object. Accordingly, the scope of what is being enabled to move and in what manner cannot be determined with reasonable certainty. For example, does the stylus moves while in contact with the measurement object? Does the measurement object moves while the stylus is in contact with it? Does the air bearing enables the stylus to be brought into contact, after which the measurement object moves? Or, does the air bearing itself enables some relative movement between the stylus and the measurement object? The language needs to better identify the relationship between components more clearly because the metes and bounds of the claimed subject matter cannot be fully ascertained as claimed.
Claims 2 and 3 are recited due to their dependency.
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 and 4 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Mamour et al. (US 8,919,005 B2).
With respect to claim 1, Mamour et al. discloses a storage device (Column 2, lines 2 - 3) for a measurement probe (8) used in a profilometer, the measurement probe (8) including an air bearing (Column 8, lines 45 – 46) configured to enable a stylus to be brought into contact with a measurement object to move, the storage device comprising a storage mechanism for storing the measurement probe (Columns 11 and 12, lines 64 – 67 and 1 – 13, respectively); and an air supply mechanism (Column 2, lines 12 – 13) configured to continuously supply air to the air bearing when the measurement probe is stored in the storage mechanism.
In regards to claim 4, the method of storing a measurement probe (8) used in a profilometer, the measurement probe (8) including an air bearing (Column 8, lines 45 – 46) configured to enable a stylus to be brought into contact with a measurement object to move, the method comprising the steps of storing the measurement probe in a storage mechanism (Columns 11 and 12, lines 64 – 67 and 1 – 13, respectively); and with respect to the measurement probe stored in the storage mechanism, continuously supplying air to the air bearing by an air supply mechanism (Column 2, lines 12 – 13) will be achieved by the device disclosed by Mamour et al.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over Mamour et al. (US 8,919,005 B2) in view of Aoto et al. (JP 2010044043 A).
Mamour et al. discloses a device as recited in paragraph 9 above.
Mamour et al. does not disclose the particulars of the air supply from a side surface as recited in claim 2.
Referring to claim 2, Mamour et al. sets forth a storage device with surrounding air, but fails to specify how the air is provided or the direction of the air. Aoto et al. discloses a storage device (30) wherein the air supply mechanism (40) is configured to supply air from a side surface of the measurement probe (See Figure 2) in order to form an air layer free from dust and oil mist around the touch probe. Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to modify the teachings of Mamour et al. by providing an air supply mechanism configured to supply air from a side surface of the probe, as taught by Aoto et al., in order to form an air layer free from dust and oil mist around the touch probe (See Figure 2 of Aoto et al.).
Allowable Subject Matter
Claim 3 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.
Reasons for Allowance
The following is an examiner’s statement of reasons for allowance:
Claim 3 is allowable because the prior art fails to teach or suggest a storage device comprising a heat insulating structure and an air supply source configured to supply air to the air bearing via the heat insulating structure in combination with the remaining limitations of the claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The following references are considered relevant but fail to teach the combination as claimed:
Ito et al. (JP 2004340795 A) discloses a storage device comprising a measurement probe (22) including an air bearing; a storage mechanism for storing the measurement probe and an air supply mechanism.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to YARITZA GUADALUPE-MCCALL whose telephone number is (571)272-2244. The examiner can normally be reached Mon -Thu, 8:00am - 6:00pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Laura E Martin can be reached at 571-272-2160. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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YARITZA GUADALUPE-MCCALL
Primary Examiner
Art Unit 2855
September 8, 2026
/YARITZA GUADALUPE-MCCALL/Primary Examiner, Art Unit 2855
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