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 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 6-7 and 10 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.
Regarding claim 6, the word "preferably" renders the claim indefinite because it is unclear whether the limitation(s) following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
Claim 10 states that the channel is defined by channel “edge/spoke” portions of the placement member. It is unclear if the above quoted language should be construed as meaning edge or spoke poprtions, edge and spoke portions, or edge and/or spoke portions.
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 1-5 and 8-11 are rejected under 35 U.S.C. 102a1 as being anticipated by Widmer et al. (WO 02/38304).
In regard to claims 1 and 11, Widmer shows a transfer apparatus that transfers/conveys springs 3 from a spring forming station 1, at which springs are formed from a length of wire, to a pocketing station PS (see annotated figure 1 below), at which the springs are encased in pocketing material, in the manufacture of a pocketed spring unit. The transfer apparatus includes a conveyor 9 with spaced-apart belts 19’ that move together between the spring forming station 1 and the pocketing station PS. A placement member 13 introduces the springs 3 onto the conveyor 9. The placement member 13 includes a plurality of spring chambers 11 that temporarily retain a spring. The spring chambers 11 are arranged to rotate about a rotation axis 15. The placement member 13 is positioned with respect to the conveyor 9 so that during rotation of the placement member each spring chamber 11 passes at least partly between the moving belts 19’ and the spring 3 is captured by the belts 19’.
In regard to claim 2, it can be seen in figure 1 that the rotation axis 15 is substantially parallel with an axis of the springs 3.
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In regard to claim 3, the apparatus further includes a compression portion 133/133 arranged to compress the spring axially prior to capture of the spring by the belts (see figures 7-9).
In regard to claim 4, the compression portion includes comprises a pair of spaced compression members 133/133 between which the spring is arranged to pass as the placement member rotates.
In regard to claim 5, the compression members comprise a pair of plates 133/133 that are arranged to converge in the direction of movement of the spring (see the position of the plates 133/133 in figure 7 compared to the position of the plates 133/133 in figures 8-9).
In regard to claim 8, the placement member 13 includes a plurality of spring chambers 11. The spring chambers 11 are spaced around a substantially circular path traced by the chambers during rotation of the placement member 13.
In regard to claim 9, each chamber 11 includes a channel defined by shell segments 125/127/129. The channel extends substantially parallel with the rotation axis 15 and is substantially open at each end adjacent to the plates 133/133.
In regard to claim 10, the channel is defined by channel edge/spoke portions ES of the placement member (see the annotated figure below).
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Allowable Subject Matter
Claims 6-7 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.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MARK A DEUBLE whose telephone number is (571)272-6912. The examiner can normally be reached Monday-Friday flex schedule.
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, Gene Crawford can be reached at 571-272-6911. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MARK A DEUBLE/Primary Examiner, Art Unit 3651