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 11/1/2024 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Response to Amendment
4. Acknowledgment is made of the preliminary amendment(s) filed 11/1/2024.
Claim Rejections - 35 USC § 112
5. The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claim 1 is rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, because the specification, while being enabling for “…a moving mechanism configured to move the support base to locate the measuring unit within a measurement area for the tool or outside the measurement area.,” does not reasonably provide enablement for “…a moving mechanism configured to move the support base to selectively locate the measuring unit within a measurement area for the tool and outside the measurement area.”. The specification does not enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the invention commensurate in scope with these claims. The specification is NOT enabling for “…a moving mechanism configured to move the support base to selectively locate the measuring unit within a measurement area for the tool and outside the measurement area.”, on the grounds that the specification sets forth functionality in the alternative while the current claim sets forth the functionality of both features combined.
Claim 1 is rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, because the specification, while being enabling for “…a moving mechanism configured to move the support base to locate the measuring unit...,” does not reasonably provide enablement for “…a moving mechanism configured to move the support base to selectively locate the measuring unit…”. The specification does not enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the invention commensurate in scope with these claims. The specification is NOT enabling for “…a moving mechanism configured to move the support base to selectively locate the measuring unit…”, on the grounds that the specification sets forth locating the measurement unit but does not set forth “selectively” locating the measuring unit.
Claims 2-6 are rejected on the grounds of their dependency of rejected claim 1.
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) 1-6 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hug et al. (WO 2018210607 A1).
Regarding claim 1 Hug et al teaches a measuring unit 61 (“which can also be done with two sensors”) (Page 14 lines 15-20) configured to measure the condition of the tool (Abstract) 31; a support base 10 20 configured to support that supports the measuring unit 61; and a moving mechanism 21 configured to move the support base 10 20 to locate the measuring unit 61 within a measurement area for the tool and outside the measurement area (Abstract)(Para 1-20).
Regarding claim 2 Hug et al teaches wherein the measuring unit 61 comprises one of the plurality of measuring units being configured to be located within the measurement area for the tool by moving the support base (Page 14 lines 15-20).
Regarding claim 3 Hug et al teaches the support base is supported in a manner rotatable around a vertical axis (Abstract)(Para 1-20).
Regarding claim 4 Hug et al teaches the moving mechanism comprises a shaft member configured to support that supports the support base; a body configured to support that supports the shaft member in a rotatable manner; a vertical drive mechanism configured to drive the shaft member to vertically move with respect to the body; and an inclined cam mechanism provided between the shaft member and the body and configured to rotate the shaft member in accordance with a vertical movement of the shaft member. (Page 12 lines 13-33 – Page 14 lines 5-15)
Regarding claim 5 Hug et al teaches the support base is supported in a manner rotatable around a vertical axis. (Abstract)(Page 12 lines 13-33 – Page 14 lines 5-15)
Regarding claim 6 Hug et al teaches a shaft member (Inherent via spindle 30) configured to support the support base 10 20; a body (Abstract)(Figs. 1 & 8) configured to support the shaft member in a rotatable manner (Abstract); a vertical drive mechanism configured to drive the shaft member to vertically move with respect to the body (Abstract)(Page 12 lines 13-33 – Page 14 lines 5-15); and an inclined cam mechanism provided between the shaft member and the body and configured to rotate the shaft member in accordance with a vertical movement of the shaft member. (Page 12 lines 13-33 – Page 14 lines 5-15)
Claim(s) 1 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Adachi et al. (JP 2002337041 A).
Regarding claim 1 Adachi et al teaches a measuring unit 12 16 configured to measure the condition of the tool 5; a support base 9 10 configured the measuring unit 12 16; and a moving mechanism 13 17 configured to move the support base 10 to selectively locate the measuring unit 12 16 within a measurement area for the tool and outside the measurement area (Abstract).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
DE 202024107385 U1 Machine tool unit with testing of bearing loads of the spindle during operation
JP 2018513792 A Measuring device for machine tool and corresponding machine tool
DE 102015207108 A1 Measuring device for tool drive used in machine tool e.g. machining center, has protective covering that is driven by tool drive, such that protective covering is provided to cover measuring head optionally for measuring process
DE 102009049733 A1 Tooling apparatus useful for a die casting device, comprises first tool element, which is movable against a second tool element, and a device to measure the position of the first tool element relative to a pre-determined reference point
US 4606130 A Apparatus for monitoring the diameters and axial positions of workpieces in machine tools
US 6463667 B1 Machine tool precision-measuring apparatus
DE 102020120635 A1 IN-MACHINE MEASURING DEVICE, MACHINE TOOL AND IN-MACHINE MEASURING METHOD
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANDRE J ALLEN whose telephone number is (571)272-2174. The examiner can normally be reached Mon-Fri. 9am-5PM.
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, Kristina M Deherrera can be reached at (303) 297-4237. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/ANDRE J ALLEN/Primary Examiner, Art Unit 2855
Prosecution Insights